Johnson v. Sisodia, et al.

Filing 22

ORDER Regarding Plaintiff's 19 Motion for Ruling on his Fourteenth Amendment Claim signed by Magistrate Judge Stanley A. Boone on 04/21/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JOHNSON,

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Plaintiff,
v.
DR. SISODIA, et al.,
Defendants.

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Case No.: 1:12-cv-02044-SAB (PC)
ORDER REGARDING PLAINTIFF’S MOTION
FOR RULING ON HIS FOURTEENTH
AMENDMENT CLAIM
[ECF No. 19]

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Plaintiff Anthony Johnson is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion requesting the Court to make a ruling on
his Fourteenth Amendment claim, filed March 5, 2014. (ECF No. 19.)
On December 9, 2013, the Court screened the original complaint and granted Plaintiff the

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option of proceeding on the claims found to be cognizable or filing an amended complaint. (ECF No.

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12.) On January 16, 2014, Plaintiff filed a first amended complaint. (ECF No. 17.)

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On February 18, 2014, the Court found that Plaintiff stated a cognizable claim for deliberate
indifference to a serious medical need in violation of the Eighth Amendment against Defendants Edgar

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Clark, Teresa Macias, Nareddy, and Dr. Sisodia. (ECF No. 18.) In that order, Plaintiff was provided

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the necessary service of process documents to be returned to the Court after completion.

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On March 10, 2014, the Court directed service by the U.S. Marshal. (ECF No. 21.)

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In the March 5, 2014, motion presently before the Court, Plaintiff requests the Court make a

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ruling on his alleged due process violation presented in his first amended complaint.

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The Court construes Plaintiff’s motion as a request for reconsideration of the Court’s February

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18, 2014, screening and service order. Rule 60(b)(6) allows the Court to relieve a party from an order

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for any reason that justifies relief. Rule 60(b)(6) is to be used sparingly as an equitable remedy to

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prevent manifest injustice and is to be utilized only where extraordinary circumstances exist. Harvest

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v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (quotation marks and citation omitted). The moving party

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must demonstrate both injury and circumstances beyond his control. Id. Further, Local Rule 230(j)

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requires, in relevant part, that Plaintiff show “what new or different facts or circumstances are claimed

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

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the motion,” and “why the facts or circumstances were not shown at the time of the prior 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 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 quotation marks and citations omitted), and “[a]

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party 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.” U.S.

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

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Plaintiff is advised that the Court interpreted Plaintiff’s allegations set forth in the first

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amended complaint as arising only under the Eighth Amendment deliberate indifference to a serious

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medical need standard. However, to the extent, Plaintiff has cited and discussed as a separate analysis,

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the fact that the Defendants may have violated their own regulations as a result of their medical

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treatment, Plaintiff fails to state a cognizable federal due process claim.

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Violations of state prison regulations do not rise to the level of a constitutional violation

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cognizable under section 1983. Sandin v. Conner, 515 U.S. 472, 482 (1995) (finding no

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constitutionally protected liberty interest in prison regulations even when phrased in mandatory

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terms); Bostic v. Carlson, 884 F.2d 1267, 1270 (9th Cir. 1989) (prison’s failure to follow its own

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guidelines regarding hearings does not alone constitute denial of due process); Ybarra v. Bastian, 647

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F.2d 891, 892 (9th Cir. 1981) (violations of prison rules or procedures alone do not state federal

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constitutional claims). Accordingly, Plaintiff motion for reconsideration of the Court’s February 18,

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2014, screening and service order, is DENIED.

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IT IS SO ORDERED.
Dated:

April 21, 2014
UNITED STATES MAGISTRATE JUDGE

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