Elliott

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELTON ACKERSON, No. 2:21-cv-2205 WBS KJN P Plaintiff, v.

ORDER AND ORDER MODIFYING

ELLIOTT, et al.,

SCREENING ORDER

Defendants. 16 Plaintiff is a former county jail inmate, now state prisoner, who proceeds pro se and in forma pauperis. Defendants’ motion for summary judgment is pending. Defendants argued that plaintiff’s rights under the Eighth Amendment were not violated and noted the screening order finding that plaintiff stated potentially cognizable Eighth Amendment claims. The Court has the “inherent procedural power to reconsider, rescind, or modify an interlocutory order for cause seen by it to be sufficient.” City of Los Angeles v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001) (internal quotation marks and emphasis omitted). Although courts have authority to reconsider prior orders, they “should be loath to do so in the absence of extraordinary circumstances such as where the initial decision was ‘clearly…