Garcia

I. BACKGROUND

20 Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 22 commencing this action on April 9, 2019. (ECF No. 1.) 23 On January 19, 2023, Plaintiff filed a motion for reconsideration of the court’s order 24 denying him appointment of counsel. (ECF No. 102.) Plaintiff also brings a motion for recusal 25 of Magistrate Judge Gary S. Austin from this case. (Id.)

27 1 Plaintiff also filed a motion for recusal of District Judge Anthony W. Ishii from this case, which shall not be addressed in this order. 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.” …