Edmundo B. Sanchez, Plaintiff-appellant, v. City of Atascadero; William H. Tilley; Jeffrey M. Joynt;stephen Newell Wilson, Defendants-appellees, 139 F.3d 907 (9th Cir. 1998)

MEMORANDUM^* 

Edmundo B. Sanchez appeals pro se the district court's denial of his Fed. R. Civ. P. 59(a) motion for a new trial and his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. Sanchez also appeals the district court's denial of his motion for reconsideration of the denial of Sanchez's Rule 59 motions. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review for abuse of discretion. See Floyd v. Laws, 929 F.2d 1390, 1400 (9th Cir. 1991) (Rule 59(a) & (e)); United States v.. Nutri-cology, Inc., 982 F.2d 394, 397 (9th Cir. 1992) (motion for reconsideration).

First, the district court did not abuse its discretion by denying Sanchez's Rule 59(a) motion for a new trial because a trial was never had in this matter. See Floyd, 929 F.2d at 1400. Second, the district court did not abuse its discretion by denying Sanchez's Rule 59(e) motion to alter or amend the judgment because Sanchez did not present convincing medical evidence of his inability to appear in court as ordered on August 9, 1994. See id. Finally, because Sanchez's motion for reconsideration merely reiterates the arguments he made in his Rule 59(a) & (e) motion, the district court did not abuse its discretion by denying his motion for reconsideration. See Nutri-cology, Inc., 982 F.2d at 397.

AFFIRMED.¹