Youngblood

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 URIE NORRIS, ) Case No.: 1:21-cv-0904 JLT HBK ) Plaintiff, ) ORDER DENYING PLAINTIFF’S MOTION TO ) ALTER OR AMEND JUDGMENT PURSUANT TO v. ) FEDERAL RULE OF CIVIL PROCEDURE 59(e) ) DONNY YOUNGBLOOD, et al., ) (Doc. 33) Defendants. ) ) 16 The Court entered judgment in this matter on May 12, 2023, following the Court’s dismissal of Plaintiff’s claims for failure to prosecute. (Docs. 29, 31, 32.) Plaintiff now moves to “set aside” the May 12, 2023 order. (Doc. 33 at 2.) Because the motion was filed within 28 days of the final judgment being challenged, the Court construes the motion as made pursuant to Federal Rule of Civil Procedure 59(e) to modify the judgment. (Id.) Federal Rule of Civil Procedure 59(e) permits a party to move a court to alter or amend its judgment. “A district court may grant a Rule 59(e) motion if it ‘is presented with newly discovered evidence, committed clear error, or if there is an…