Nguyen v. Biter et al

Filing 15

ORDER DENYING Plaintiff's Motion for Reconsideration 10 , signed by Judge Oliver W. Wanger on 6/13/2011. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY NGUYEN, 10 CASE NO. 1:11-cv-00809-OWW-SKO PC Plaintiff, 11 ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION v. (Doc. 10) 12 BITER, M.D., et al., 13 Defendants. / 14 15 Plaintiff Anthony Nguyen, a state prisoner proceeding pro se, filed this civil rights action 16 pursuant to 42 U.S.C. § 1983 on May 18, 2011. On June 9, 2011, Plaintiff filed an objection to the 17 Court’s order denying his motion for the appointment of counsel. 18 Although Plaintiff does not specifically seek reconsideration, to the extent his objections are 19 so construed, his motion is denied. Plaintiff’s disagreement with the ruling is not grounds for 20 reconsideration. Fed. R. Civ. P. 60(b)(6); Local Rule 230(j); Marlyn Nutraceuticals, Inc. v. Mucos 21 Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009); Harvest v. Castro, 531 F.3d 737, 749 (9th 22 Cir. 2008). There is no entitlement to counsel in this case, Palmer v. Valdez, 560 F.3d 965, 970 (9th 23 Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981), and at this stage in the 24 proceedings, the Court does not find that exceptional circumstances are present, Palmer, 560 F.3d 25 at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1981). 26 /// 27 /// 28 /// 1 1 2 Accordingly, Plaintiff’s motion for reconsideration, filed June 9, 2011, is HEREBY DENIED. 3 4 IT IS SO ORDERED. 5 Dated: June 13, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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