Trevino v. Gomez, et al

Filing 62

ORDER Denying Motion To Amend Or Reopen Complaint (Doc. 61 ), signed by District Judge Anthony W. Ishii on 11/21/2014. (Attachments: # 1 1983 Prisoner Complaint Packet) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT TREVINO,
Plaintiff,

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v.

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HEIL, HILL, and JEFF BEARD,
et al.,

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Case No. 1:99-cv-05914-AWI-SMS PC
ORDER DENYING MOTION TO
AMEND OR REOPEN COMPLAINT
Doc. 61

Defendants.

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On June 30, 1999, Plaintiff Robert Trevino, proceeding pro se and in forma pauperis,
filed a complaint alleging violations of his civil rights pursuant to 42 U.S.C. § 1983. On August
28, 2002, the Court adopted findings and recommendations to grant the Defendants' motion for

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summary judgment since Plaintiff had failed to exhaust administrative remedies before filing suit.
The Clerk of Court entered judgment and closed the case. Over twelve years later, Plaintiff seeks

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to amend or reopen the complaint, alleging continued retaliation on various dates, the last such

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incident having occurred on July 15, 2011.

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Federal Rule of Civil Procedure 60(b) provides relief from a final judgment or order under
certain circumstances. A party must bring its Rule 60(b) motion within a reasonable time and for

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certain reasons, no later than one year after entry of judgment. Thus, even if Plaintiff alleged a

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permissible reason for reopening the judgment, this motion would be precluded as untimely.

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The motion does not seek to reopen the judgment for reasons relating to the former action,

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however. Instead, Plaintiff alleges multiple instances of retaliation that occurred thereafter. The
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appropriate procedure for pursuing claims that arose following the prior action is by the filing of a

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new complaint alleging the new claims. (The Court notes that since Plaintiff is currently detained

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at Salinas Valley Prison, proper venue for any new complaint is the U.S. District Court for the

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Northern District of California.)

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Plaintiff's motion to amend or reopen this case is DENIED. The Clerk of Court is directed
to mail a copy of this order and a complaint form for prisoner's Section 1983 claims to Plaintiff at

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the new address noted on his motion: (Mr. Robert Trevino, J-64367, P.O. Box 1050, Salinas
Valley Prison, Soledad, CA 93960).

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IT IS SO ORDERED.

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Dated: November 21, 2014

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SENIOR DISTRICT JUDGE

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