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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 ROBERT TREVINO, Plaintiff, 11 v. 12 13 HEIL, HILL, and JEFF BEARD, et al., 14 Case No. 1:99-cv-05914-AWI-SMS PC ORDER DENYING MOTION TO AMEND OR REOPEN COMPLAINT Doc. 61 Defendants. 15 16 17 18 19 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. ยง 1983. On August 28, 2002, the Court adopted findings and recommendations to grant the Defendants' motion for 20 21 22 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 23 to amend or reopen the complaint, alleging continued retaliation on various dates, the last such 24 incident having occurred on July 15, 2011. 25 26 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 27 /// 28 1 1 certain reasons, no later than one year after entry of judgment. Thus, even if Plaintiff alleged a 2 permissible reason for reopening the judgment, this motion would be precluded as untimely. 3 The motion does not seek to reopen the judgment for reasons relating to the former action, 4 however. Instead, Plaintiff alleges multiple instances of retaliation that occurred thereafter. The 5 6 appropriate procedure for pursuing claims that arose following the prior action is by the filing of a 7 new complaint alleging the new claims. (The Court notes that since Plaintiff is currently detained 8 at Salinas Valley Prison, proper venue for any new complaint is the U.S. District Court for the 9 Northern District of California.) 10 11 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 12 13 14 the new address noted on his motion: (Mr. Robert Trevino, J-64367, P.O. Box 1050, Salinas Valley Prison, Soledad, CA 93960). 15 16 IT IS SO ORDERED. 17 Dated: November 21, 2014 18 SENIOR DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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