White et al v. Valarie
Filing
65
ORDER Denying Motion To Vacate Judgment (Doc. 64 ), signed by District Judge Anthony W. Ishii on 11/21/2013. (Fahrney, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
HORTENSE WHITE,
12
Plaintiff,
13
14
1:13-cv-00157-AWI-GSA-PC
ORDER DENYING MOTION TO VACATE
JUDGMENT
(Doc. 64.)
vs.
TRENONE VALARIE, et al.,
15
Defendants.
16
17
I.
BACKGROUND
18
Hortense White (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
19
with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on
20
November 26, 2012, at the United States District Court for the Eastern District of Pennsylvania,
21
as case 12-6599.
22
Pennsylvania consolidated case 12-6599 [White v. Valarie] with case 12-6885 [White v.
23
Central California Women’s Facility], and transferred the consolidated action to the United
24
States District Court for the Eastern District of California. (Doc. 8.)
(Doc. 1.)
On January 31, 2013, the court for the Eastern District of
25
This case was dismissed on August 30, 2013, with prejudice, for failure to state a claim
26
upon which relief may be granted under § 1983, and judgment was entered on August 30, 2013.
27
(Docs. 53, 54.) On November 18, 2013, Plaintiff filed a document titled “Thou; motion to
28
vacate,” which the court construes as a motion to vacate the judgment. (Doc. 64.)
1
1
II.
2
MOTION FOR RECONSIDERATION
The Court has discretion to reconsider and vacate a prior order. Barber v. Hawaii, 42
3
F.3d 1185, 1198 (9th Cir. 1994); United States v. Nutri-cology, Inc., 982 F.2d 394, 396 (9th
4
Cir. 1992). Motions to reconsider are committed to the discretion of the trial court. Combs v.
5
Nick Garin Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987); Rodgers v. Watt, 722 F.2d 456, 460
6
(9th Cir. 1983) (en banc). To succeed, a party must set forth facts or law of a strongly
7
convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist.
8
v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and reversed in
9
part on other grounds, 828 F.2d 514 (9th Cir. 1987). When filing a motion for reconsideration,
10
Local Rule 230(j) requires a party to show the Anew or different facts or circumstances claimed
11
to exist which did not exist or were not shown upon such prior motion, or what other grounds
12
exist for the motion.@ L.R. 230(j).
13
Plaintiff’s motion consists of a rambling narrative in which she makes legal discussion
14
with no connection to the order and judgment entered on August 30, 2013 in this case. Plaintiff
15
has not set forth facts or law of a strongly convincing nature to induce the court to reverse its
16
prior decision, or shown any other grounds for the motion. Therefore, Plaintiff’s motion must
17
be denied.
18
III.
19
20
CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion to vacate
the judgment, filed on November 18, 2013, is DENIED.
21
22
23
IT IS SO ORDERED.
Dated: November 21, 2013
SENIOR DISTRICT JUDGE
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?