Fields v. Vogel

Filing 69

ORDER DENYING 68 Plaintiff's Motion for an Order to Set Aside Judgment Pursuant to Rule 59(e) signed by District Judge Anthony W. Ishii on 4/29/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN FIELDS,

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Plaintiff,

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v.
RONALD VOGEL, et al.,

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Defendants.

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1:10-cv-01701-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AN ORDER TO SET ASIDE
JUDGMENT PURSUANT TO RULE 59(e)
(ECF No. 68)

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I.

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Plaintiff Kevin Fields (“Plaintiff”), a state prisoner, proceeded pro se and in forma

Procedural Background

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The action proceeded on

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Plaintiff’s second amended complaint against Defendant Vogel for retaliation in violation of the

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First Amendment.

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On January 13, 2014, the Magistrate Judge issued Findings and Recommendations that

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Defendant Vogel’s motion to strike Plaintiff’s duplicate filings be granted and that Defendant

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Vogel’s motion for summary judgment be granted. The Findings and Recommendations were

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served on the parties and contained notice that any objections were to be filed within thirty (30)

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days after service. (ECF No. 61.) On February 24, 2014, the Magistrate Judge granted

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Plaintiff’s request for an extension of time to March 15, 2014, to file his objections.1 Plaintiff

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March 15, 2014, was a Saturday. As such, Plaintiff’s objections were due on or before Monday, March 17,

2014.
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did not file any objections. Thereafter, on March 25, 2014, the undersigned adopted the Findings

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and Recommendations in full, granted Defendant’s motion to strike, granted Defendant’s motion

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for summary judgment and directed the Clerk of the Court to enter judgment for Defendant

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Vogel and close this action. (ECF No. 66.) The Clerk of the Court entered judgment in favor of

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Defendant Vogel on the same day. (ECF No. 67.)

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On April 23, 2014, Plaintiff filed the instant motion to set aside the judgment pursuant to

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Federal Rule of Civil Procedure 59(e). (ECF No. 68.) The Court finds a response to the motion

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unnecessary and the motion is deemed submitted. Local Rule 230(l).

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II.

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Discussion

A district court may grant reconsideration of a final judgment under Federal Rule of Civil

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Procedure 59(e). Under Rule 59(e), a motion for reconsideration should not be granted, absent

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highly unusual circumstances, unless the court is presented with (1) newly discovered evidence,

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(2) committed clear error, or (3) if there is an intervening change in the controlling law. See In re

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Syncor ERISA Litigation, 516 F.3d 1005, 1100 (9th Cir. 2008); see also McQuillion v. Duncan,

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342 F.3d 1012, 1014 (9th Cir. 2003); 389 Orange Street Partners v. Arnold, 179 F.3d 656, 665

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(9th Cir. 1999) (moving party required to establish that district court committed clear error).

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Here, the Court finds no basis to grant the requested relief. In his moving papers,

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Plaintiff referred the Court to his “declaration and evidence in support thereof, the points and

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authorities and all records and files listed under the above-mentioned case number.” (ECF No.

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68, p. 5.) Despite this reference, however, Plaintiff did not identify any newly discovered

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evidence, commission of error or intervening change in controlling law to support his request to

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set aside the judgment. Indeed, Plaintiff did not provide a declaration, evidence or argument,

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and he merely cited the relevant legal standards for a Rule 59 motion. (ECF No. 68, pp. 4-5.) In

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short, Plaintiff has not set forth any reasons or established any of the requirements for granting

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relief under Rule 59(e).

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III.

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Based on the above, Plaintiff’s motion for an order to set aside judgment pursuant to

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Order

Federal Rule of Civil Procedure 59(e), filed on April 23, 2014, is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated: April 29, 2014

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SENIOR DISTRICT JUDGE

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