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Martin v. Cope

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 13, 2010

LANCE R. MARTIN, PLAINTIFF,
v.
B. COPE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING MOTION FOR RECONSIDERATION

(ECF No. 16)

Plaintiff Lance R. Martin ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff filed notice of intent to withdraw this action on January 4, 2010. Accordingly, the Court ordered the closure of this action pursuant to Plaintiff's notice of voluntary dismissal. Pending before the Court is Plaintiff's motion for reconsideration, filed July 1, 2010. (ECF No. 16.) Plaintiff contends that he was under physical duress at the time he filed his notice, and is still under duress. Plaintiff requests reinstatement of this action.

Motions to reconsider are committed to the discretion of the trial court.Combs v. Nick Garin Trucking , 825 F.2d 437, 441 (D.C. Cir. 1987);Rodgers v. Watt , 722 F.2d 456, 460 (9th Cir. 1983) (en banc). To succeed, a party must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision.See Kern-Tulare Water Dist. v. City of Bakersfield , 634 F. Supp. 656, 665 (E.D. Cal. 1986),aff'd in part and rev'd in part on other grounds,828 F.2d 514 (9th Cir. 1987). When filing a motion for reconsideration, Local Rule 230(j) requires a party to show the "new or different facts or circumstances are claimed to exist which did not exist or were not shown upon such prior motion, or what other grounds exist for the motion."

Plaintiff appears to contend that he is currently being food poisoned at High Desert State Prison in Susanville, California. (Pl.'s Mot. 1.) However, this action concerned events occurring at Kern Valley State Prison in Delano, California. (Pl.'s Compl. 5, ECF No. 1.) Events at High Desert State Prison arise from completely different events than the ones originally raised in this action. Plaintiff fails to present sufficient grounds to re-open this action. *fn1

Accordingly, it is HEREBY ORDERED that Plaintiff's motion for reconsideration, filed July 1, 2010, is DENIED.

IT IS SO ORDERED.


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