Barnett v. Norman, et al.

Filing 125

ORDER DENYING 114 , 115 , 117 Motion for Reconsideration, signed by Magistrate Judge Gerald B. Cohn on 10/24/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TROAS V. BARNETT,

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CASE NO. 1:05-cv-01022-GBC (PC)

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTIONS
TO RECONSIDER

v.
(Docs. 114, 115, 117)

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DAVID NORMAN, et al.,

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Defendants.

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/

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I.

Procedural History

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Plaintiff Troas V. Barnett (“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. Plaintiff filed the complaint
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commencing this action on August 9, 2005. (Doc. 1). On June 25, 2011, the Court denied the
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following motions: 1) Plaintiff’s motion to compel Defendants’ personnel records (Doc. 105); 2)
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Plaintiff’s motion to seal photographs (Doc. 106); and 3) Plaintiff’s motion for leave to dispose
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inmate witnesses (Doc. 107). On July 22, 2011, Plaintiff filed a motion to: 1) reconsider the Court’s
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denial of Plaintiff’s motion to file photographs under seal in addition to address a new request to
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consider filing Plaintiff’s MRIs under seal (Doc. 114); 2) reconsider the Court’s denial of Plaintiff’s
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motion for leave to dispose inmate witnesses (Doc. 115); and 3) reconsider the Court’s denial of
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Plaintiff’s motion to compel personnel files (Doc. 117). On August 4, 2011, Defendants filed
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oppositions to Plaintiff’s three motions for reconsideration. (Docs. 120, 121, 122).
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II.

Standard Governing Motions for Reconsideration

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Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the

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district court. The Rule permits a district court to relieve a party from a final order or judgment on

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grounds of: “(1) mistake, inadvertence, surprise, or excusable neglect; (3) fraud . . . of an adverse

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party, . . . or (6) any other reason justifying relief from the operation of the judgment.” Fed. R. Civ.

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P. 60(b). The motion for reconsideration must be made within a reasonable time, in any event “not

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more than one year after the judgment, order, or proceeding was entered or taken.” Id.

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Motions to reconsider are committed to the discretion of the trial court. Combs v. Nick Garin

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Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987); Rodgers v. Watt, 722 F.2d 456, 460 (9th Cir. 1983)

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(en banc). To succeed, a party must set forth facts or law of a strongly convincing nature to induce

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the court to reverse its prior decision. See e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634

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F.Supp. 656, 665 (E.D. Cal. 1986), aff’d in part and rev’d in part on other grounds, 828 F.2d 514

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(9th Cir. 1987), cert. denied, 486 U.S. 1015 (1988). The Ninth Circuit has stated that “[c]lause

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60(b)(6) is residual and ‘must be read as being exclusive of the preceding clauses.’” Corex Corp. v.

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United States, 638 F.2d 119 (9th Cir. 1981); accord LaFarge Conseils et Etudes, S.A. v. Kaiser

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Cement, 791 F.2d 1334, 1338 (9th Cir. 1986).

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‘extraordinary circumstances.’” Id. When filing a motion for reconsideration, Local Rule 230(j)(3)

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& (4) requires a party to show the “new or different facts or circumstances are claimed to exist which

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did not exist for the motion; and . . . why the facts or circumstances were not shown at the time of

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the prior motion.”

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A.

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In his motion for reconsideration, Plaintiff repeats arguments made in his original motion that

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he fears Defendants will destroy his evidence. (Docs. 106, 114). Plaintiff also adds a new argument

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requesting the placement of his MRIs under seal. (Doc. 114). Plaintiff has not met his burden under

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60(b) to entitle him reconsideration of the Court’s order filed on June 24, 2011 (Doc. 106).

Accordingly, “the clause is reserved for

Reconsideration of Order Denying Motion to File Photographs Under Seal

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B.

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In his motion for reconsideration, Plaintiff reiterates that he is indigent and unable to pay the

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costs associated with deposing inmate witnesses. (Doc. 115). Plaintiff has not presented any new

Reconsideration of Order Denying Motion to Dispose Inmate Witnesses

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or compelling arguments to warrant granting Plaintiff’s motion for reconsideration of the Court’s

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order filed on June 24, 2011 (Doc. 107) under Rule 60(b).

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C.

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In his motion for reconsideration, Plaintiff presents arguments previously raised and presents

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additional arguments as to why the Court should compel Defendants to produce personnel files.

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(Doc. 117). However, in the Court’s original order, the Court explained the proper procedure is to

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first request discovery documents from the Defendants. (Doc. 105). As the Court has recently

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granted Plaintiff’s motion for extension of discovery in order to follow to proper discovery procedure

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in requesting personnel files first from the Defendants and since Plaintiff fails to meet his burden to

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prevail in his rule 60(b) motion, Plaintiff’s motion for reconsideration of the Court’s order denying

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Plaintiff’s motion to compel personnel files, is denied. (Doc. 117).

Reconsideration of Order Denying Motion to Compel Personnel Files

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III.

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Conclusion and Order
Based on the foregoing, Plaintiff’s motions for reconsideration filed on July 22, 2011, are

HEREBY DENIED. (Docs. 114, 115, 117).

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IT IS SO ORDERED.

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Dated:
0jh02o

October 24, 2011
UNITED STATES MAGISTRATE JUDGE

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