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Harden v. High Desert State Prison

United States District Court, D. Nevada

July 5, 2018

HAROLD D. HARDEN, Plaintiff,
v.
HIGH DESERT STATE PRISON, et al., Defendants.

          ORDER

          RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court are two Motions for Reconsideration filed by Plaintiff Harold D. Harden (“Plaintiff”) (ECF Nos. 189 & 190), and Defendant Dr. Michael Koehn (“Koehn”)'s Supplemental Motion for Summary Judgment. (ECF No. 197). For the reasons stated below, the Motions for Reconsideration are denied, and the Motion for Summary Judgment is granted.

         II. BACKGROUND

         The Court adopts the background stated on the record at its prior hearing on March 27, 2017. The parties were instructed to brief the narrow issue of whether Koehn acted with deliberate indifference with regard to Plaintiff's claims of a cyst on his right arm. Plaintiff filed two Motions for Reconsideration of the Court's prior Order on May 1, 2017. (ECF Nos. 189 & 190). Koehn filed Responses to the Motions on May 15, 2017. (ECF Nos. 191 & 192). Plaintiff did not file Replies. Koehn filed the instant Supplemental Motion for Summary Judgment on June 5, 2017. (ECF No. 197). On July 10, 2017, Plaintiff filed a Motion to Extend Time for a Response. (ECF No. 207). No. Response was filed. The Court granted Plaintiff an additional fourteen days to respond to the motion on January 10, 2018 (ECF No. 217); however, Plaintiff failed to file a Response.

         III. LEGAL STANDARD

         A. Motion for Summary Judgment

         Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); accord Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When considering the propriety of summary judgment, the court views all facts and draws all inferences in the light most favorable to the nonmoving party. Gonzalez v. City of Anaheim, 747 F.3d 789, 793 (9th Cir. 2014). If the movant has carried its burden, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts . . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Scott v. Harris, 550 U.S. 372, 380 (2007) (alteration in original) (quotation marks omitted).

         B. Motion for Reconsideration

         “As long as a district court has jurisdiction over the case, then it possesses the inherent procedural power to reconsider, rescind, or modify an interlocutory order for cause seen by it to be sufficient.” City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001) (citation and quotation marks omitted). However, “a motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (citation omitted). A motion for reconsideration “may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.” Id.

         IV. UNDISPUTED/DISPUTED FACTS

         A. Undisputed Facts

         The Court finds that facts presented in the Motion for Summary Judgment are undisputed and adopts them here. The Court does not find that Plaintiff has produced any competent evidence to rebut the facts presented.

         B. ...


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