Hendon v. Baroya et al

Filing 233

ORDER Denying Plaintiff's 232 Motion for Relief from Judgment Pursuant to Rule 60, signed by Magistrate Judge Stanley A. Boone on 3/1/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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Plaintiff,

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v.

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BAROYA, et al.,

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Defendants.

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Case No.: 1:05-cv-01247-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
RELIEF FROM JUDGMENT PURSUANT TO
RULE 60
(ECF No. 232)

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Plaintiff Carlos Hendon is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The parties consented to United States Magistrate Judge jurisdiction

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pursuant to 28 U.S.C. § 636(c). (ECF Nos. 4, 155, 158.)

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Currently before the Court is Plaintiff’s motion for relief from judgment pursuant to Federal

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Rule of Civil Procedure 60 in order to reopen the case, dated February 5, 2017, and entered on

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February 27, 2017. (ECF No. 232.) Finding no response from Defendants necessary at this time, the

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motion is deemed submitted. Local Rule 230(l).

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I.

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PROCEDURAL HISTORY
This action proceeds on the June 26, 2008 second amended complaint. On September 23, 2014,

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the District Court partially granted Defendants’ motion for summary judgment. (ECF No. 134.)

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After the parties consented to magistrate judge jurisdiction, a trial date was set. The Court

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granted Defendants’ request to file a motion for summary judgment regarding whether Plaintiff had

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exhausted his administrative remedies. On January 6, 2016, an order was entered, granting

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Defendants’ motions for summary judgment and entering judgment in Defendants’ favor. (ECF No.

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210.)

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On January 21, 2016, Plaintiff filed a Notice of Appeal of the order granting Defendants’

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motion for summary judgment and objections to the order granting Defendants’ motion for summary

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judgment. (ECF No. 222.)

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On February 22, 2016, an order was entered by the U.S. Court of Appeals for the Ninth Circuit,

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holding proceedings in that court in abeyance pending a ruling by this Court on whether Plaintiff’s

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January 21, 2016 filing was a motion listed in Federal Rule of Appellate Procedure 4(a)(4) and if so,

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this Court’s resolution of the motion. (ECF No. 226.)

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Pursuant to Federal Rule of Appellate Procedure 4(a)(4)(A)(vi), this Court construed Plaintiff’s

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objections as a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60. On

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February 25, 2016, the Court denied Plaintiff’s motion. (ECF No. 227.)

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On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit dismissed Plaintiff’s

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appeal for the failure to prosecute. (ECF No. 231.) The order was served on this Court and stated that

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it acted as the mandate. (Id. at 2.)

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Over five months after his appeal was dismissed, and over one year after the judgment was
entered in this case, Plaintiff filed the instant motion. (ECF No. 232.)

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II.

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LEGAL STANDARD

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

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court. Rule 60(b) permits a district court to relieve a party from a final order or judgment for the

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following reasons: “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered

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evidence . . . ; (3) fraud . . . by an opposing party; (4) the judgment is void; (5) the judgment has been

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

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P. 60(b). A motion under Rule 60(b) must be made within a reasonable time, and “for reasons (1), (2),
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and (3), no more than a year after the entry of the judgment or order or the date of the proceeding.”

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Fed. R. Civ. P. 60(c)(1).

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Moreover, when filing a motion for reconsideration, Local Rule 230(j) requires a party to show

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the “new or different facts or circumstances claimed to exist which did not exist or were not shown

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upon such prior motion, or what other grounds exist for the motion.” Motions to reconsider are

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committed to the discretion of the trial court. Rodgers v. Watt, 722 F.2d 456, 460 (9th Cir. 1983) (en

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

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

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Supp. 656, 665 (E.D. Cal. 1986), rev’d in part on other grounds, 828 F.2d 514 (9th Cir. 1987).

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III.

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DISCUSSION

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Plaintiff asserts in his motion that he never consented to proceed before a United States

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Magistrate Judge. Therefore, he argues that the case should be reopened because the undersigned

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exceeded his authority by issuing, without Plaintiff’s consent, an order dismissing Plaintiff’s case.

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As noted above, Plaintiff consented to the jurisdiction of a United States Magistrate Judge

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pursuant to 28 U.S.C. 636(c)(1) in this case. Specifically, he signed and filed a form dated October 10,

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2015, indicating his voluntary consent to have a United States Magistrate Judge conduct all further

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proceedings in this case, including trial and entry of final judgment. (ECF No. 4.) Thus, Plaintiff’s

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assertion is incorrect, and the undersigned did not err in issuing an order for a final judgment in this

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matter.

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IV.

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CONCLUSION AND ORDER

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For the reasons explained, IT IS HEREBY ORDERED that Plaintiff’s motion for relief from

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judgment pursuant to Federal Rule of Civil Procedure 60 in order to reopen the case, (ECF No. 232),

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is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

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March 1, 2017
UNITED STATES MAGISTRATE JUDGE

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