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Monder Khoury v. Robert Blaiser

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


November 6, 2012

MONDER KHOURY, PLAINTIFF,
v.
ROBERT BLAISER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

On October 4, 2012, plaintiff filed a motion asking that this court reconsider its September 21, 2012 order (1) dismissing this action under 28 U.S.C. § 1915A for failure to state a claim upon which relief may be granted, and (2) requiring plaintiff to pay the statutory $350.00 filing fee for this action.*fn1 Plaintiff has consented to this court's jurisdiction.

A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). "Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." Id. at 1263.

Plaintiff does not present newly discovered evidence suggesting this matter should not be dismissed. Furthermore, the court finds that, after a de novo review of this case, the September 21, 2012 order is neither manifestly unjust nor clearly erroneous, either on the merits or as to plaintiff's obligation to pay the filing fee.

Accordingly, IT IS HEREBY ORDERED that plaintiff's October 4, 2012 motion for reconsideration (Dkt. No. 15) is denied.


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