(PS) McDonald v. Department of Motor Vehicles

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Mitchel McDonald, No. 2:21-cv-01561-KJM-DB Plaintiff, ORDER Vv. California Department of Motor Vehicles in Sacramento County, Defendant. 17 18 Plaintiff Mitchel McDonald moves to “set aside or vacate” this court’s order adopting the Magistrate Judge’s findings and recommendations. A post-judgment motion for reconsideration is construed as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e) if it is filed within twenty-eight days of the judgment, as McDonald’s motion was. See Am. Jronworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892, 898-99 (9th Cir. 2001). “Under Rule 59(e), a motion for reconsideration should not be granted, absent highly unusual 25 circumstances, unless the district court is presented with newly discovered evidence, committed 26 clear error, or if there is an intervening change in the controlling law.” 389 Orange…