Abel v. Trump
| Nicholas L. Abel |
| Donald J. Trump |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00050 |
| January 31, 2020 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Filing 6 EO: On February 5, 2020, this court issued an order dismissing this action with prejudice. ECF No. #3 . The court explained that upon review, Plaintiff's Complaint was "obviously frivolous"--that is, "plaintiff would not be entitled to relief under any arguable construction of law or fact." Id. at PageID #3. That same day, the Clerk entered Judgment and the case was closed. ECF No. #4 . On February 14, 2020, Plaintiff filed a "Motion for Extraordinary Review; Re-Open and Docket Case," ECF No. #5 , which the court construes as a motion for reconsideration of the February 5, 2020 Order.A motion for reconsideration requires a showing (1) of newly discovered evidence, (2) that the court committed clear error or the initial decision was manifestly unjust, (3) of an intervening change in controlling law, or (4) of other, highly unusual, circumstances warranting reconsideration. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (citation omitted); see also Local Rule 60.1. Reconsideration is "an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources" and 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." Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (citations and internal quotation marks omitted). "Mere disagreement with a previous ruling is not a sufficient basis for reconsideration." McAllister v. Adecco Grp. N.A., 2018 WL 6682984, at *2 (D. Haw. Dec. 19, 2018) (citing White v. Sabatino, 424 F. Supp. 2d 1271, 1274 (D. Haw. 2006)).Here, Plaintiff has failed to address, let alone meet, this standard. At most, Plaintiff contends that "[he] find[s] it difficult anyone can find [his] complaint frivolous." ECF No. #5 at PageID #3. But, as set forth above, Plaintiff's mere disagreement with the court's ruling is not sufficient to warrant reconsideration. Thus, the Motion is DENIED.And although this case remains closed, the court takes this opportunity to advise Plaintiff that this action will count as a "strike" under 28 U.S.C. 1915(g), which bars a civil action by a prisoner proceeding in forma pauperis: if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 5 MOTION for Extraordinary Review; Re-Open and Docket Case - by Plaintiff Nicholas L. Abel. (Attachments: #1 copy of Judgment, #2 Mailing Documentation) (emt, ) |
| Filing 4 CLERK'S JUDGMENT entered on 2/5/2020 pursuant to ECF #3 ORDER DISMISSING ACTION WITH PREJUDICE (jo)COURT'S CERTIFICATE OF SERVICE - Nicholas Abel will be served by First Class Mail on February 5, 2020 to the address of record listed on the Notice of Electronic Filing (NEF) |
Filing 3
ORDER DISMISSING ACTION WITH PREJUDICE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/5/2020. Accordingly, the Complaint is DISMISSED as frivolous. Because it is evident that further amendment would be futile, the dismissal is with prejudice. The Clerk of Court is instructed to close the case file. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Nicholas L. Abel. NOTE: Included in same envelope as ECF #1 (ens) Main Document 2 replaced on 2/4/2020 (jo) |
| Filing 1 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against Donald J. Trump - filed by Nicholas L. Abel. (Attachments: #1 Mailing Envelope)(ens) Main Document 1 replaced on 2/4/2020 (jo) |
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