Chacon v. Cerrini, et al.

Filing 26

ORDER DENYING Motion for Reconsideration 25 , signed by Magistrate Judge Gary S. Austin on 4/13/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:11-cv-01689-GSA-PC

EDIN A. CHACON,

ORDER DENYING MOTION FOR
RECONSIDERATION
(Doc. 25.)

vs.
J. CERRINI, et al.,

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Defendants.

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I.

BACKGROUND

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Edin A. Chacon (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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January 10, 2011. (Doc. 1.)
Now pending is Plaintiff’s motion for reconsideration of the Court’s Screening Order

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which dismissed certain claims from Plaintiff’s amended complaint, with leave to amend.

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(Doc. 25.)

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II.

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MOTION FOR RECONSIDERATION
The Court has discretion to reconsider and vacate a prior order. Barber v. Hawaii, 42

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F.3d 1185, 1198 (9th Cir. 1994); United States v. Nutri-cology, Inc., 982 F.2d 394, 396 (9th

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Cir. 1992). Motions to reconsider are committed to the discretion of the trial court. Combs v.
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Nick Garin Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987); Rodgers v. Watt, 722 F.2d 456, 460

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(9th Cir. 1983) (en banc). To succeed, a party must set forth facts or law of a strongly

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convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist.

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v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and reversed in

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part on other grounds, 828 F.2d 514 (9th Cir. 1987). When filing a motion for reconsideration,

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Local Rule 230(j) requires a party to show the Anew or different facts or circumstances claimed

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to exist which did not exist or were not shown upon such prior motion, or what other grounds

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exist for the motion.@ L.R. 230(j).

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Plaintiff argues that his due process claim, and claim concerning the inmate appeals

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process, should have been found cognizable by the Court in the Screening Order issued on

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March 19, 2013. Plaintiff has not set forth facts or law of a strongly convincing nature to

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induce the court to reverse its prior decision. The Screening Order requires Plaintiff to either

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file a Second Amended Complaint, or in the alternative, to notify the Court that he is willing to

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proceed on the claims found cognizable by the Court. If Plaintiff disagrees with the Court’s

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findings in the Screening Order, Plaintiff’s remedy at this stage of the proceedings is to file a

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Second Amended Complaint. Therefore, Plaintiff’s motion for reconsideration shall be denied.

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III.

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for

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CONCLUSION

reconsideration, filed on April 8, 2013, is DENIED.

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IT IS SO ORDERED.
Dated:

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April 13, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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