Benyamini v. Manjuano et al

Filing 140

ORDER Denying 137 Motion for Reconsideration and Motion for Appointment of Counsel signed by Magistrate Judge Gary S. Austin on 10/17/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT P. BENYAMINI,

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Plaintiff,
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v.
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MANJUANO, et al.,
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Defendants.
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____________________________________)

1:06-cv-01096-AWI-GSA-PC
ORDER DENYING MOTION FOR
RECONSIDERATION AND MOTION FOR
APPOINTMENT OF COUNSEL
(Docs. 130, 137.)

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On October 3, 2011, Plaintiff filed objections to the Court's order denying him appointment of

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counsel. (Doc. 130.) The Court treats Plaintiff's objections as a motion for reconsideration. On October

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13, 2011, Plaintiff again requested appointment of counsel. (Doc. 137.)

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I.

MOTION FOR RECONSIDERATION

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Rule 60(b)(6) allows the Court to relieve a party from an order for any reason that justifies relief.

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Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest injustice and is to be

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utilized only where extraordinary circumstances . . .” exist. Harvest v. Castro, 531 F.3d 737, 749 (9th

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Cir. 2008) (internal quotations marks and citation omitted). The moving party “must demonstrate both

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injury and circumstances beyond his control . . . .” Id. (internal quotation marks and citation omitted).

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In seeking reconsideration of an order, Local Rule 230(k) requires Plaintiff to show “what new or

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different facts or circumstances are claimed to exist which did not exist or were not shown upon such

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prior motion, or what other grounds exist for the motion.”

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“A motion for reconsideration should not be granted, absent highly unusual circumstances, unless

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the district court is presented with newly discovered evidence, committed clear error, or if there is an

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intervening change in the controlling law,” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.,

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571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks and citations omitted, and “[a] party

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seeking reconsideration must show more than a disagreement with the Court’s decision, and

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recapitulation . . . ” of that which was already considered by the Court in rendering its decision,” U.S.

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v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001).

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Plaintiff argues that he meets the special circumstances required for counsel to be appointed. He

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suffers from severe claustrophobia and is forced to take psychotropic medication that incapacitates him.

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He is limited in his knowledge of the law and has sought counsel multiple times, without success. He

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argues that his rights to due process are violated if he cannot proceed with counsel. Plaintiff contends

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that he is proceeding at a "key part of his litigation," defending his case against defendant's motion for

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summary judgment. (Doc. 130 ¶3.) He asserts that defendants' litigation tactics are "baffling" to him.

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(Id. ¶4.) He lacks adequate access to the law library, which is the only place he can read and plan his

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litigation, due to his claustrophobia. He suffers from retaliation, is often in Ad-Seg without any access

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to the law library, and lacks adequate access to his property, making it difficult to meet court deadlines.

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Plaintiff also asserts that he is limited in his ability to conduct discovery.

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Plaintiff has not demonstrated that the Court committed clear error, or presented the Court with

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new information of a strongly convincing nature, to induce the Court to reverse its prior decision.

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Therefore, the motion for reconsideration shall be denied.

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II.

MOTION FOR APPOINTMENT OF COUNSEL

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Plaintiff entire motion consists of this request: "I also ask the courts for counsel." (Doc. 137 at

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2:13-14.) As such, Plaintiff offers no argument for the Court's consideration. Therefore, the motion

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must be denied.

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///

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED THAT:

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1.

Plaintiff's motion for reconsideration is DENIED; and

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2.

Plaintiff's motion for counsel is DENIED.

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IT IS SO ORDERED.

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Dated:
6i0kij

October 17, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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