Selene Violet Bray-Hernandez (formerly known as Bryan Paul Hernandez) v. G. Eric Carpenter, Eastern State Hospital, and Daniel G. Sim

Summary

The United States District Court for the Eastern District of Washington denied Selene Violet Bray-Hernandez’s motion under Federal Rule of Civil Procedure 59 to alter or amend the order denying leave to proceed in forma pauperis and dismissing the action for nonpayment of the filing fee. The court found no newly discovered evidence, clear error, or intervening change in controlling law, certified that any appeal would not be taken in good faith, and directed that the file remain closed.

Holdings

1. The motion to alter or amend was properly denied because Plaintiff did not present newly discovered evidence, demonstrate clear error, or identify an intervening change in controlling law.
2. No further clarification was necessary because the prior order had identified the in forma pauperis application at issue and had denied leave to proceed in forma pauperis while dismissing the action for nonpayment of the filing fee.

Questions Presented

1. Whether Plaintiff satisfied the standard for altering or amending the prior order under Federal Rule of Civil Procedure 59.
2. Whether the court needed to clarify whether its denial of a certificate of appealability applied only to dismissal of the action or also to denial of the in forma pauperis application.

Disposition

other