Martinez
Martinez v. P.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO MARTINEZ, JR., Case No.: 1:22-cv-01134 JLT SKO Plaintiff, ORDER DENYING MOTION TO REOPEN
CASE
v. (Doc. 29) BRUCE P., et al., Defendants. 16 The Court entered judgment in this matter on August 24, 2023, following the Court’s dismissal of Plaintiff’s claims for failure to prosecute and failure to obey a court order. (See Docs. 26, 27, 28.) Plaintiff now moves to reopen the case. (Doc. 29.) Because the motion was filed within 28 days of the final judgment, the Court construes the motion as made pursuant to Federal Rule of Civil Procedure 59(e) to modify the judgment. For the reasons set forth below, the motion is DENIED. 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 intervening change in the controlling law.” Wood v. Ryan, 759 F.3d 1117, 1121…