Baer

I. BACKGROUND

23 Norman G. Daniels (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 24 action pursuant to 42 U.S.C. § 1983. On December 23, 2019, Plaintiff filed the Complaint 25 commencing this action. (ECF No. 1.) 26 On March 2, 2022, Plaintiff filed a motion for reconsideration of the court’s order issued 27 on February 22, 2022. (ECF No. 51.) 28 II. MOTION FOR RECONSIDERATION Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; or (6) any other reason that justifies relief.” Fed. R. Civ. P. 60(b). Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary circumstances . . .” exist. Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and…