Brandon Eugene Hunter v. Sacramento County, et al.

Summary

The United States District Court for the Eastern District of California denied Brandon Eugene Hunter’s motion for reconsideration of the dismissal of his 42 U.S.C. § 1983 action for failure to prosecute. The court applied Federal Rule of Civil Procedure 60(b), found no justification for reconsideration, and ordered that the case remain closed.

Holdings

1. Because plaintiff filed the motion more than 28 days after entry of judgment, Federal Rule of Civil Procedure 60(b), rather than Rule 59(e), governed the motion for reconsideration.
2. Plaintiff was not entitled to reconsideration because he failed to present a reason justifying relief under Rule 60(b), including newly discovered evidence, clear error, or an intervening change in controlling law.

Questions Presented

1. Whether plaintiff's motion for reconsideration was governed by Federal Rule of Civil Procedure 59(e) or Rule 60(b).
2. Whether plaintiff demonstrated a basis for relief from the judgment under Rule 60(b).

Disposition

other