Coleman v. CDCR, et al.

Filing 102

ORDER DENYING Plaintiff's Motion for Reconsideration 99 , signed by Magistrate Judge Dennis L. Beck on 5/3/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT E. COLEMAN,

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Plaintiff,

Case No. 1:09-cv-00224-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION

v.
ECF No.

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CDCR, et al.,
Defendants.

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Plaintiff Robert E. Coleman (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On July 11, 2012, Plaintiff filed his

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Fifth Amended Complaint. On January 4, 2013, Defendants filed a Motion to Dismiss for failure to

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state a claim. ECF No. 94. On February 27, 2013, the Court granted Defendants’ Motion and

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dismissed Plaintiff’s action with prejudice for failure to state a claim upon which relief may be

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granted. ECF No. 97. Pending before the Court is Plaintiff’s Motion for Reconsideration, filed

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March 18, 2013. ECF No. 99. Defendants filed an Opposition on April 5, 2013. ECF No. 100.

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Plaintiff filed his Reply on April 18, 2013. ECF No. 101. Because the motion was filed within

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twenty-eight days after the issuance of the judgment, the motion is properly construed as pursuant to

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Rule 59(e) of the Federal Rules of Civil Procedure.

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In general, there are four basic grounds upon which a Rule 59(e) motion may be
granted: (1) if such motion is necessary to correct manifest errors of law or fact upon
which the judgment rests; (2) if such motion is necessary to present newly discovered
or previously unavailable evidence; (3) if such motion is necessary to prevent
manifest injustice; or (4) if the amendment is justified by an intervening change in
controlling law.

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Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011). “Since specific grounds for a

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motion to amend or alter are not listed in the rule, the district court enjoys considerable discretion in

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granting or denying the motion.” McDowell v. Calderon, 197 F.3d 1253, 1255 n.1 (9th Cir. 1999)

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(en banc) (per curiam) (internal quotation marks omitted). Amending a judgment after its entry

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remains “an extraordinary remedy which should be used sparingly.” Id. (internal quotation marks

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omitted). This Court’s Local Rule 230(j) requires a party seeking reconsideration to demonstrate

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“what new or different facts or circumstances are claimed to exist which did not exist or were not

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shown upon such prior motion, or what other grounds exist for the motion . . . and . . . why the facts

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or circumstances were not shown at the time of the prior motion.”

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Plaintiff contends that the Court should reconsider its ruling dismissing this action. Plaintiff

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seeks to amend to include new facts in his pleadings regarding the property restriction, that he had

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been accused of refusing to handcuff. Plaintiff has not demonstrated what newly discovered facts or

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unavailable evidence requires presentation. Plaintiff was aware of the facts and circumstances

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alleged in this action prior to the filing of his Fifth Amended Complaint. Plaintiff contends that his

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property restriction should not have been extended an additional three months, but failed to link

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Defendants to such an extension. Plaintiff contends that being moved to a cell with a lighting

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problem constituted an adverse action, but the Court declined to make such a conclusion, as Plaintiff

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failed to allege facts indicating that it would chill a person of ordinary firmness from exercising his

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First Amendment activities. Plaintiff raises no new arguments that merit reconsideration.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s Motion for Reconsideration, filed
March 18, 2013, is denied.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 3, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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