Norberto Medina v. James Hartley

FILED NOT FOR PUBLICATION JUL 26 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT NORBERTO MEDINA, No. 11-16899 Plaintiff - Appellant, D.C. No. 1:10-cv-00413-SKO v. MEMORANDUM * JAMES D. HARTLEY, Warden; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Sheila K. Oberto, Magistrate Judge, Presiding ** Submitted July 17, 2012 *** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. California state prisoner Norberto Medina appeals pro se from the district court’s orders denying his motions for reconsideration in his 42 U.S.C. § 1983 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Medina consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). action alleging violations of his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir. 2006), and we affirm. The district court did not abuse its discretion in denying Medina’s motions for reconsideration because Medina failed to show grounds warranting reconsideration. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993) (setting forth bases for reconsideration). Medina’s remaining contentions are unpersuasive. AFFIRMED. 2 11-16899