Trevino v. Gomez, et al

Filing 59

ORDER Denying 57 Motion to Amend or Reopen Complaint; ORDER Directing Clerk of Court to Update Address of Record, signed by District Judge Lawrence J. O'Neill on 10/23/15. Address Updated to Salinas Valley State Prison, PO Box 1050, Soledad, CA 93960. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT TREVINO,

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Plaintiff,
v.
JAMES GOMEZ, et al.,
Defendants.

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Case No.: 1:99-cv-06016-LJO-BAM (PC)
ORDER DENYING MOTION TO AMEND OR
REOPEN COMPLAINT
(ECF No. 57)
ORDER DIRECTING CLERK OF COURT TO
UPDATE ADDRESS OF RECORD

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Plaintiff Robert Trevino (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court adopted findings and

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recommendations to grant the Defendants’ motion for summary judgment for failure to exhaust

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administrative remedies, and the Clerk of Court entered judgment and closed the case. Over thirteen

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years later, Plaintiff now seeks to amend or reopen the complaint, alleging continued retaliation on

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various dates, the last such incident having occurred on July 15, 2011. (ECF No. 57.)

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Federal Rule of Civil Procedure 60(b) provides relief from a final judgment or order under

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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 new

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

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

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of California.)

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Accordingly, IT IS HEREBY ORDERED as follows:

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Plaintiff's motion to amend or reopen this case is DENIED; and

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The Clerk of Court is directed to update Plaintiff address of record as follows and serve

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this order on him at: Robert Trevino, J-64367, P.O. Box 1050, Salinas Valley Prison, Soledad, CA

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93960.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

October 23, 2015

UNITED STATES DISTRICT JUDGE

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