Clay
Clay v. Department of Treasury
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 THOMAS CLAY, Case No. 21-cv-08132-PJH
Plaintiff,
ORDER DENYING MOTION TO
v. ALTER OR AMEND JUDGMENT
DEPARTMENT OF TREASURY, et al., Re: Dkt. No. 11 Defendants.
11 Plaintiff, a Texas state prisoner proceeding pro se, filed a civil action against a governmental entity. The court denied the case at screening and plaintiff has filed a motion to alter or amend the judgment pursuant to Fed. R. Civ. P. 59(e). A motion to alter or amend judgment under Rule 59 must be made no later than twenty-eight days after entry of judgment. See Fed. R. Civ. P. 59(e) (effective Dec. 1, 2009). A motion for reconsideration under Rule 59(e) “‘should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the law.’” McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (citation omitted) (en banc). Evidence is…