Yates v. King et al
Filing
76
ORDER DENYING Plaintiff's 75 Motion to Alter Judgment signed by Magistrate Judge Sandra M. Snyder on 6/8/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THEODORE BRITTON YATES,
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CASE NO. 1:10-cv-00530-SMS PC
Plaintiff,
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v.
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ORDER DENYING PLAINTIFF’S MOTION TO
ALTER JUDGMENT
C KING,
(ECF No. 75)
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Defendant.
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Plaintiff Theodore Britton Yates (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 27, 2011, this action
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was dismissed for failure to exhaust administrative remedies. (ECF No. 73.) On June 3, 2011,
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Plaintiff filed a timely motion to alter judgment under Federal Rules of Civil Procedure 59(e). (ECF
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No. 75.) Plaintiff requests the Court alter judgment to allow him to exhaust his administrative
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remedies.
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“A motion for reconsideration should not be granted, absent highly unusual circumstances,
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unless the district court is presented with newly discovered evidence, committed clear error, or if
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there is an intervening change in the controlling law,” and it “may not be used to raise arguments or
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present evidence for the first time when they could reasonably have been raised earlier in the
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litigation.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.
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2009) (internal quotations marks and citations omitted) (emphasis in original).
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Plaintiff does not argue that newly discovered evidence or an intervening change of the law
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requires reinstatement of this action. All papers and files in this action were considered in deciding
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the motion to dismiss for failure to exhaust administrative remedies. In his motion filed June 3,
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2011, Plaintiff has not demonstrated that he can cure the defects with respect to any federal claim
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alleged in his complaint.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to alter judgment, filed June
3, 2011, is DENIED.
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IT IS SO ORDERED.
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Dated:
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June 8, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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