Cranford v. Perryman et al

Filing 13

ORDER DENYING 12 Plaintiff's Motion for Reconsideration signed by Magistrate Judge Michael J. Seng on 11/27/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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CASE NO. 1:13-cv-00581-MJS
ORDER
DENYING
RECONSIDERATION

MOTION

FOR

v.
(ECF NO. 12)
SAMANTHA PERRYMAN, et al.,

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Defendants.

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Plaintiff Archie Cranford, a civil detainee proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 22, 2013. (ECF No. 1.)

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The Court screened Plaintiff‟s First Amended Complaint on September 30, 2013 and

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dismissed it with prejudice for failure to state a cognizable claim. (ECF No. 10.) On

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October 9, 2013, Plaintiff filed an opposition to the Court‟s dismissal of his claims. (ECF

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No. 12.) The Court will address that opposition as a request that the Court reconsider its

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order.

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Plaintiff asserts that he has taken the same medications for more than twenty-one

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years without incident. On February 21, 2013, during morning medication distribution,

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Defendant Endile picked up a pill from the floor and gave it to Plaintiff. The pill was

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unfamiliar to Plaintiff, and soon after taking it he began suffering side effects. Plaintiff

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contends that Defendant Endive tried to kill him with the approval of the other
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Defendants. (Id.)

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

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

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

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Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and

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citation omitted). The moving party “must demonstrate both injury and circumstances

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beyond his control . . . .” Id. (internal quotation marks and citation omitted). In seeking

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reconsideration of an order, Local Rule 230(j) requires Plaintiff to show “what new or

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different facts or circumstances are claimed to exist which did not exist or were not

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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

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circumstances, unless the . . . court is presented with newly discovered evidence,

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committed clear error, or if there is an intervening change in the controlling law,” Marlyn

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Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009)

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(internal quotations marks and citations omitted), and “[a] party seeking reconsideration

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must show more than a disagreement with the Court‟s decision, and recapitulation . . . ”

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of that which was already considered by the Court in rendering its decision. U.S. v.

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

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Plaintiff has not met the standard for reconsideration of the Court‟s order. Plaintiff

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offers clarification of his allegations but no new factual allegations that warrant

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reconsideration of the Court‟s previous analysis and conclusion. Plaintiff fails to show

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that the Court committed error.

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Plaintiff makes clear that he believes Defendant Endile tried to kill him with a pill.

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However, Plaintiff does not submit any plausible factual allegations to support this

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conclusion.

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factual matter, accepted as true, to „state a claim that is plausible on its face.‟” Ashcroft

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v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S.

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544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content
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The minimum pleading standard requires that Plaintiff set forth “sufficient

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that allows the court to draw the reasonable inference that the defendant is liable for the

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misconduct alleged.”

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Plaintiff‟s pleadings and the instant motion simply reflect a suspicion unsupported by any

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fact other than Defendant giving Plaintiff a pill and Plaintiff becoming ill soon after. Even

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accepting that sequence of events and that the pill may have caused Plaintiff to feel ill, it

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is as plausible to surmise that Defendant acted negligently as that he acted maliciously.

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No facts suggest evidence of a motive or intent to harm Plaintiff.

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Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556.)

Plaintiff‟s has not shown clear error or other meritorious grounds for relief. He has
not met the burden imposed on a party moving for reconsideration.

Marlyn

Nutraceuticals, Inc., 571 F.3d at 880.

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Plaintiff‟s Motion for Reconsideration (ECF No. 12) is DENIED, with prejudice. No

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further motions for reconsideration will be considered. If one is filed, it will be summarily

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stricken from the record. At this juncture, Plaintiff‟s recourse lies with the appellate court.

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IT IS SO ORDERED.
Dated:

November 27, 2013

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

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