Huckabee v. Medical Staff at CSATF et al
Filing
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ORDER DENYING 101 Motion for Reconsideration to District Judge's Order on Magistrate's Findings and Recommendations signed by District Judge Lawrence J. O'Neill on 3/24/2014. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY CRAIG HUCKABEE,
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Plaintiff,
v.
MEDICAL STAFF at CSATF, et al.,
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Defendants.
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Case No.: 1:09-cv-00749-LJO-BAM (PC)
ORDER DENYING MOTION FOR
RECONSIDERATION TO DISTRICT JUDGE’S
ORDER ON MAGISTRATE’S FINDINGS AND
RECOMMENDATION
(ECF No. 101)
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I.
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Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner, currently proceeding pro se,
Background
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in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second
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amended complaint filed on August 21, 2012.
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On August 21, 2013, the Magistrate Judge issued Findings and Recommendations that the
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motion to dismiss filed by Defendants Diaz, Wu, Bhatt and Nguyen be granted in part and denied in
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part. (ECF No. 75.) On October 17, 2013, Plaintiff filed objections to the Findings and
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Recommendations. (ECF No. 94.) The undersigned considered Plaintiff’s objections and partially
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adopted the Findings and Recommendations on December 10, 2013. (ECF No. 96.)
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On December 26, 2013, Plaintiff filed the instant motion for reconsideration of the order
partially adopting the findings and recommendations regarding Defendants’ motion to dismiss. (ECF
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No. 101.) On January 23, 2014, Defendants filed an opposition to the motion for reconsideration.
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(ECF No. 117.) The motion is deemed submitted. Local Rule 230(l).
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II.
Discussion
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“A motion for reconsideration should not be granted, absent highly unusual circumstances,
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unless the district court is presented with newly discovered evidence, committed clear error, or if there
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is an intervening change in the controlling law.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH
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& Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks and citations omitted). “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. United
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States. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001). To succeed, a party
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must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior
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decision. See Kern–Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal.1986),
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affirmed in part and reversed in part on other grounds, 828 F.2d 514 (9th Cir. 1987). Additionally,
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pursuant to this Court’s Local Rules, when filing a motion for reconsideration, a party must show what
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“new or different facts or circumstances claimed to exist which did not exist or were not shown upon
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such prior motion, or what other grounds exist for the motion.” Local Rule 230(j).
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Plaintiff seeks reconsideration of two primary issues. First, Plaintiff seeks reconsideration of
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the Court’s determination that Defendant Wu was described as the Chief Medical Officer overseeing
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referrals and prescription renewals. Plaintiff maintains that the Court’s order essentially eliminated
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the liability of the two unidentified defendants described as the Chief Medical Officer and Chief
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Pharmacist. Plaintiff presents no basis for the Court to reverse its prior decision. Plaintiff apparently
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overlooks the Court’s finding that “[t]o the extent Defendant Wu is not considered to be both the Chief
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Medical Officer and Chief Pharmacist, the motion to dismiss did not concern any claims against these
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unidentified individuals.” (ECF No. 96, p. 2.) In other words, neither the motion to dismiss nor the
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Court’s order affected the purported liability of these unnamed individuals.
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Second, Plaintiff seeks reconsideration of the Court’s determination regarding the applicability
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of the continuing violations doctrine. Plaintiff appears to elaborate on his previous arguments
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regarding the continuing violations doctrine, which were presented in his objections to the Magistrate
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Judge’s findings and recommendations. However, Plaintiff has not presented any new facts or law
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that were unavailable to him at the time he filed his objections. Plaintiff’s mere disagreement with the
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Court’s order is not a sufficient basis for reconsideration. Westlands, 134 F.Supp.2d at 1131.
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Plaintiff’s references to medical grievances that he filed or the fact that the California prison medical
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care system is in receivership do not alter the Court’s determination.
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III.
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For the reasons stated, Plaintiff’s motion for reconsideration of the Court’s order on the
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Conclusion
Magistrate Judge’s findings and recommendations is DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
March 24, 2014
UNITED STATES DISTRICT JUDGE
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