Darden v. Spencer et al

Filing 11

ORDER Granting 9 Motion for Reconsideration and Reopening Case signed by Magistrate Judge Gary S. Austin on 10/26/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALDINE DARDEN,

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Plaintiff,

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1:12-cv-01001-GSA-PC
ORDER GRANTING MOTION FOR
RECONSIDERATION, AND REOPENING
CASE
(Doc. 9.)

vs.
TODD SPENCER, et al.,

ORDER FOR CLERK TO REOPEN CASE
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Defendants.
/

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I.

BACKGROUND

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Geraldine Darden (“Plaintiff”), a prisoner proceeding pro se, filed this civil rights action on

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June 21, 2012. (Doc. 1.) This case was dismissed by the undersigned on August 27, 2012 for failure

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to prosecute, based on Plaintiff’s failure to keep the court apprised of her current address. (Doc. 7.)

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On September 5, 2012 and October 18, 2012, Plaintiff filed motions for reconsideration of

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the Court’s order dismissing the case. (Doc. 9.)

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II.

MOTION FOR RECONSIDERATION

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Rule 60(b)(6) allows the Court to relieve a party from an order for any reason that justifies

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relief. Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest injustice

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and is to be utilized only where extraordinary circumstances . . .” exist. Harvest v. Castro, 531 F.3d

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737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The moving party “must

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demonstrate both injury and circumstances beyond his control . . . .” Id. (internal quotation marks
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and citation omitted). In seeking reconsideration of an order, Local Rule 230(k) requires Plaintiff

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

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were not shown upon such prior motion, or what other grounds exist for the motion.”

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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

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there is an intervening change in the controlling law,” Marlyn Nutraceuticals, Inc. v. Mucos Pharma

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GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks and citations omitted,

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and “[a] party seeking reconsideration must show more than a disagreement with the Court’s

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decision, and recapitulation . . . ” of that which was already considered by the Court in rendering its

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decision,” U.S. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001).

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Plaintiff requests that the Court reopen her case, stating that she has been housed at the

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Central California Women’s Facility (CCWF) since October 29, 1999, and she did not fail to inform

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the court of a change of address, “because a change of address has not occurred.” (Motion, Doc. 9

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at 1.) Plaintiff asserts that she has been waiting patiently in her cell for any court documents and

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seeks to adhere to the court’s rules. Id. Plaintiff maintains that CCWF is at fault if the court’s mail

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was not delivered to her.

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II.

DISCUSSION

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A review of the record in this case shows that Plaintiff’s return address, on all of the

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documents submitted to the court between June 21, 2012 and the present date, has always been

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CCMF, P.O. Box 1501, Chowchilla, CA 93610. The court’s docket shows that the court has served

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Plaintiff at the same CCMF address in this action since Plaintiff filed the original complaint on June

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21, 2012. (Court Docket.) On June 27, 2012, the postal service returned two of the court’s orders

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mailed to Plaintiff at CCMF as undeliverable, with a notation on the envelope stating that Plaintiff

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was not located at that facility. Id. None of the court’s other orders served on Plaintiff in this action

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have been returned in the mail. Id.

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It appears to the court, based on the court’s record and Plaintiff’s assertions, that the

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court’s mail was not delivered to Plaintiff due to circumstances beyond her control, resulting in the

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dismissal of her case. Plaintiff has shown highly unusual circumstances out of her control, causing
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her injury. Therefore, the court finds good cause to reconsider its order dismissing this action and

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finds that the case should be reopened.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motions for reconsideration of the court’s order dismissing this action,

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filed on September 5, 2012 and October 18, 2012, are GRANTED, and this case shall

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be reopened; and

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2.

The Clerk is DIRECTED to reopen this case.

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IT IS SO ORDERED.
Dated:
6i0kij

October 26, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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