Brown v. Gipson et al

Filing 84

ORDER Denying 81 Motion to Alter or Amend a Previous Judgment signed by District Judge Anthony W. Ishii on 08/14/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BROWN,

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Plaintiff,
v.
W. RASLEY,

Case No. 1:13-cv-02084-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO ALTER OR AMEND A PREVIOUS
JUDGMENT
[Doc Nos. 81, 82]

Defendant.

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Plaintiff William Brown is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to alter or amend a previous judgment,

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with a declaration in support, filed on May 1, 2018. (Doc. Nos. 81, 82.) Plaintiff argues that the

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Court should reconsider its order issued on January 10, 2018. (Doc. Nos. 63, 79) In Doc. No. 79,

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the undersigned adopted findings and recommendations issued by the assigned United States

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Magistrate Judge, and ordered that this case proceed solely on Plaintiff’s claim against Defendant

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Rasley for retaliation in violation of the First Amendment, excessive force in violation of the

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Eighth Amendment, and conversion. All other claims and defendants were dismissed.

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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

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F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The moving party

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“must demonstrate both injury and circumstances beyond his control . . . .” Id. (internal

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quotation marks and citation omitted). In seeking reconsideration of an order, Local Rule 230(j)
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requires a party to show “what new or different facts or circumstances are claimed to exist which

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

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motion.”

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“A motion for reconsideration should not be granted, absent highly unusual

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circumstances, unless the district court is presented with newly discovered evidence, committed

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

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

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and citations omitted), and “[a] party seeking reconsideration must show more than a

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disagreement with the Court’s decision, and recapitulation . . .” of that which was already

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considered by the Court in rendering its decision, U.S. v. Westlands Water Dist., 134 F. Supp. 2d

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1111, 1131 (E.D. Cal. 2001) (internal quotation marks and citation omitted).

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Here, Plaintiff seeks for the Court to review his allegations in his complaint and

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declarations submitted in support, and argues at length that he sufficiently pleaded facts in

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support of the dismissed claims. Plaintiff’s pleadings were reviewed in issuing the prior order,

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and he has shown no grounds to reconsider the dismissal of the non-cognizable claims and

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defendants.

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Plaintiff also contends that he has newly discovered evidence which brings more merit to

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his claims. Plaintiff has not shown whether any prior dismissal should be reconsidered based on

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newly discovered evidence. He has not shown that he can now allege additional facts sufficient

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to state a claim that he did not previously plead which is cognizable in this suit.

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Accordingly, Plaintiff’s motion to alter or amend a previous judgment (Doc. No. 81) is
HEREBY DENIED.

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IT IS SO ORDERED.
Dated: August 14, 2018
SENIOR DISTRICT JUDGE

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