Garcia v. California Department of Corrections and Rehabilitation et al

Filing 14

ORDER GRANTING 13 Motion to Vacate Judgment ; ORDER DIRECTING Clerk of Court to VACATE the Judgment, Reopen Action and Provide Plaintiff with a copy of the Court's Screening Order Dated January 6, 2015, signed by Magistrate Judge Barbara A. McAuliffe on 04/03/2015. (30-Day Deadline) (Attachments: # 1 Order, dated 01/06/2015) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION, )
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et al.,
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Defendants.
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1:14-cv-00459-BAM (PC)

JESUS A. GARCIA,

ORDER GRANTING PLAINTIFF’S
MOTION TO VACATE JUDGMENT
(ECF No. 13)
ORDER DIRECTING CLERK OF COURT
TO VACATE THE JUDGMENT, REOPEN
ACTION AND PROVIDE PLAINTIFF WITH
A COPY OF THE COURT’S SCREENING
ORDER DATED JANUARY 6, 2015

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I.

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Plaintiff Jesus A. Garcia (“Plaintiff”), a state prisoner proceeding pro se and in forma

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Procedural Background

pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 31, 2014.

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On January 6, 2015, the Court dismissed Plaintiff’s first amended complaint with leave to

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amend within thirty days after service. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed

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to file a second amended complaint in compliance with the order, the action would be dismissed

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for failure to obey a court order and failure to state a claim. (ECF No. 10.)

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On February 13, 2015, after more than thirty days had passed and Plaintiff failed to

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respond to the Court’s order, the Court dismissed the action for failure to obey a court order and

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failure to state a claim. (ECF No. 11.) Judgment was entered the same date. (ECF No. 12.)

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On March 23, 2015, Plaintiff filed the instant motion to vacate the judgment. (ECF No.
13.)
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II.

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Rule 60(b)(6) allows the Court to relieve a party from a final judgment for any reason

Motion to Vacate Judgment

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that 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. Harvest

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

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moving party “must demonstrate both injury and circumstances beyond his control . . . .” Id.

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(internal quotation marks and citation omitted).

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Here, Plaintiff claims that the Court should vacate the final judgment because he did not

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receive the Court’s screening order dismissing his amended complaint with leave to amend. In

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his moving papers, Plaintiff indicates that he received the Court’s order dismissing this action on

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February 18, 2015. He did not understand the order as he had recently filed a first amended

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complaint. Plaintiff immediately went to the prison library and requested a docket search result.

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He learned from the docket, printed on February 23, 2015, that the Court had issued a screening

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order dismissing the amended complaint with leave to amend. (Ex. A to Pl’s Mot.) Plaintiff

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then wrote to the mailroom and requested a CDC 199 Mail Log. (Ex. B to Pl’s Mot.) The CDC

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119 Inmate Legal Mail History Report provides the dates for Plaintiff’s incoming and outgoing

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legal mail for the period between February 27, 2014, and February 18, 2015. (Ex. C to Pl’s

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Mot.) According to the report, Plaintiff did not receive any legal mail from the Court between

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November 5, 2014, and February 18, 2015. (Ex. C. to Pl’s Mot.)

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The Court has considered Plaintiff’s moving papers, and finds that they support relief

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under Rule 60(b) due to highly unusual circumstances. Plaintiff has provided evidence

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demonstrating that he did not receive the Court’s January 6, 2015 screening order. Plaintiff

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therefore should not be penalized for failure to obey a court order that he did not receive due to

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circumstances beyond his control. Accordingly, Plaintiff’s motion to vacate the final judgment

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shall be granted. The Clerk of the Court will be directed to vacate the entry of judgment, reopen

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this action and mail Plaintiff a copy of the Court’s January 6, 2015 screening order. Within

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thirty days following service of the screening order, Plaintiff shall file a second amended

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complaint. If Plaintiff fails to file a second amended complaint in compliance with the screening

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order, this action will be dismissed for failure to obey a court order and failure to state a claim.

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III.

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Based on the foregoing reasons, it is HEREBY ORDERED as follows:

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1. Plaintiff’s motion to vacate the judgment is GRANTED;

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2. The Clerk of the Court is directed to VACATE the judgment entered on February 13,

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2015, and reopen this action;
3. The Clerk of the Court shall mail Plaintiff a copy of the Court’s screening order

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issued on January 6, 2015;
4. Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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Conclusion and Order

second amended complaint; and
5. If Plaintiff fails to comply with this order, this action will be dismissed, with

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prejudice, for failure to obey a court order and failure to state a claim.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 3, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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