Broussard v. Munoz, et al

Filing 26

ORDER DENYING Plaintiff's 25 Motion for Reconsideration signed by Magistrate Judge Barbara A. McAuliffe on 10/12/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CURLEY JOHN BROUSSARD, JR.,

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CASE NO. 1:11-cv–01276-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION

v.
(ECF No. 25)

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LISA A. MUNOZ, et al.,
Defendants.
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Plaintiff Curley John Broussard, Jr., is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on June 2,

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2011. (ECF No. 1.) On August 10, 2012, the complaint was dismissed, for failure to state a claim,

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with leave to file an amended complaint within thirty days. (ECF No. 15.) On August 22, 2012,

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Plaintiff filed a motion for a court order and an extension of time to file an amended complaint.

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(ECF No. 16.) Plaintiff filed a first amended complaint on August 23, 2012. (ECF No. 17.) An

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order was filed on August 17, 2012, denying Plaintiff’s motion for a court order and granting the

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motion for an extension of time. (ECF No. 18.)

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On September 6, 2012, Plaintiff filed a motion for reconsideration of the order denying his

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motion for a court order. (ECF No. 19.) On September 10, 2012, Plaintiff’s motion for

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reconsideration was denied. (ECF No. 20.) On September 26, 2012, Plaintiff filed a second motion

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for reconsideration of the order denying his motion for a court order. (ECF No. 21.) On September

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27, 2012, an order was filed denying Plaintiff’s second motion for reconsideration and his motion

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for an extension of time as there were no deadlines pending in this action. (ECF NO. 22.) On
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October 9, 2012, Plaintiff’s first amended complaint was screened and an order was filed dismissing

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this action for failure to state a claim, judgment was entered, and Plaintiff filed a third motion for

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reconsideration of the order denying his motion for a court order. (ECF Nos. 23, 24, 25.)

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The Court has already ruled on two motions for reconsideration of the order denying

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Plaintiff’s motion for a court order, and Plaintiff is now seeking a third reconsideration. Plaintiff

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disagrees with denial of his motions for reconsideration and his motion reargues the factual

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allegations already considered by the Court in his motion for a court order and his previous motions

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for reconsideration. Reconsideration is not a vehicle by which to obtain a second bite at the apple

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based on mere disagreement with a ruling; it is reserved for extraordinary circumstances. United

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States v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D.Cal. 2001); see also In re Pacific

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Far East Lines, Inc., 889 F.2d 242, 250 (9th Cir. 1989) (Rule 60(b)(6) may provide relief where

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parties were confronted with extraordinary circumstances but it does not provide a second chance

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for parties who made deliberate choices).

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Further, this action has been dismissed for failure to state a claim. Federal courts are courts

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of limited jurisdiction and in considering a request for injunctive relief, the Court is bound by the

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requirement that, as a preliminary matter, it have before it an actual case or controversy. City of Los

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Angeles v. Lyons, 461 U.S. 95, 102, 103 S. Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v.

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Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S. Ct. 752, 757-58

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(1982). Since there is no actual case or controversy before the Court, it has no power to hear the

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matter in question. Id. The Court does not have jurisdiction to issue any relief to Plaintiff.

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Accordingly, Plaintiff’s motion for reconsideration, filed October 9, 2012, is HEREBY
DENIED.
IT IS SO ORDERED.
Dated:
10c20k

October 12, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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