Fernandez

Fernandez v. Duarte

Good Law
United States District Court, Southern District of CaliforniaOctober 20, 20233:22-cv-00446California277 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRANK J. FERNANDEZ, Case No.: 22-cv-446-BAS-KSC

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION [Doc. No. 27]

E. DUARTE,

15 Defendant.

17 Plaintiff’s Motion for Reconsideration of the Order denying plaintiff’s Motion to 18 Appoint Counsel is before the Court. See Doc. No. 27. This Court may amend or reconsider 19 prior orders. See Fed. R. Civ. P. 60. But reconsideration is a drastic remedy, and it is only 20 appropriate when there was clear error in a previous order, newly discovered evidence 21 merits reconsideration, or there has been a change in controlling law. See Carrol v. 22 Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). 23 Plaintiff’s Motion repeats the same arguments he made in his first Motion to appoint 24 counsel, that his case is “complex,” he is not sufficiently sophisticated to litigate it without 25 the help of an attorney, his incarceration prevents him from adequately litigating his case, 26 and an appointed lawyer…

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