Nii Nee v. California State, et al.

Summary

The document is a magistrate judge's findings and recommendations addressing Plaintiff Nii Nee's motion to reopen a civil action. The court concludes that the motion does not satisfy the standards for reconsideration under Federal Rules of Civil Procedure 59(e) or 60, noting that the action was dismissed for failure to state a cognizable claim and that service of the prior findings and recommendations was effectuated. The court recommends that the motion to reopen be denied.

Holdings

1. Plaintiff did not satisfy the requirements for reconsideration or relief from judgment because he identified no intervening change in controlling law, newly discovered evidence, clear error, manifest injustice, clerical mistake, excusable neglect, fraud, or other qualifying ground.
2. The magistrate judge recommended that Plaintiff's motion to reopen the case be denied.

Questions Presented

1. Whether Plaintiff was entitled to reopen or reconsider the final dismissal under Federal Rules of Civil Procedure 59(e) or 60.
2. Whether Plaintiff's alleged failure to receive the initial findings and recommendations, detention in Arizona, and submitted documents established a basis for relief from judgment.

Disposition

other