Barnes

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 | SCOTT RICHARD PRICE, No. 2:22-CV-0722-KJM-DMC-P 11 Plaintiff, ORDER 12 v. 13 | DEBORAH BARNES, et al., 4 Defendant. 15 16 Petitioner Richard Price filed a motion for reconsideration of the court’s order dismissing 17 | his case. For the reasons described below, the court denies petitioner’s motion. 18 A motion for reconsideration or relief from judgment is appropriately brought under either 19 | Federal Rule of Civil Procedure 59(e) or Rule 60(b). Fuller v. M.G. Jewelry, 950 F. 2d 1437, 20 | 1442 (9th Cir. 1991) (citing Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989)). 21 | The motion “is treated as a motion to alter or amend judgment under Federal Rule of Civil 22 | Procedure 59(e) if it is filed [within the time provided by that Rule]. Am. Ironworks & Erectors, 23 | Inc. v. N. Am. Constr. Corp., 248 F.3d 892, 898-99 (9th Cir. 2001) (citations omitted). Because 24 | petitioner’s motion for reconsideration was filed…