1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 JOSEPH COOPER, Case No. 2:19-cv-01210-RFB-DJA

8 Plaintiff, ORDER

9 v.

10 SUMMERLIN HOSPITAL MEDICAL CENTER, 11 Defendant. 12

13 Before the Court is Plaintiff’s Motion for Reconsideration (ECF No. 17). The Court has 14 discretion to grant or deny a motion for reconsideration. Navajo Nation v. Norris,

, 15 1046 (9th Cir. 2003). Motions for reconsideration are disfavored, and a movant may not repeat 16 arguments already presented. D. Nev. Civ. R. 59-1(b). Conversely, “A motion for reconsideration 17 may not be used to raise arguments or present evidence for the first time when they could 18 reasonably have been raised earlier in the litigation.” Marlyn Nutraceuticals, 571 F.3d at 880 19 (internal quotations and citations omitted). 20 The Court has reviewed the record and does not find that it committed error when it denied 21 Plaintiff’s application. 22 The Court also has an obligation to determine whether it has jurisdiction over the case. The 23 Court has reviewed the Complaint in this case and does not find that it establishes this Court’s 24 jurisdiction over this matter. Plaintiff’s Complaint appears to be asserting a claim based upon 25 improper medical treatment and argues that

creates a cause of action for such a 26 claim. The Court does not find that this federal statute creates such a claim. The Court therefore 27 finds that it does not have jurisdiction over this matter. The Court therefore dismisses this case 28 1 | without prejudice. Plaintiff will be given an opportunity to file a motion for reconsideration which 2 | attaches an amended complaint which establishes this Court’s jurisdiction. 3 IT IS THEREFORE ORDERED that Plaintiff's Motion for Reconsideration (ECF No. 4| 7)is DENIED without prejudice. 5 IT IS FURTHER ORDERED that this case is dismissed without prejudice. Plaintiff will have until May 6, 2021 to file a motion for reconsideration which attaches an amended complaint 7 | which establishes this Court’s jurisdiction. The Clerk of Court is instructed to close this case. 8 9 DATED: March 31, 2021. 10 < 11 RICHARD F. BOULWARE, II 2 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-2-