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)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7
8
9
10
11
12
13
14
15
16
)
)
Plaintiff,
)
)
v.
)
)
CALIFORNIA DEPARTMENT OF
)
CORRECTIONS AND REHABILITATION, )
)
et al.,
)
)
Defendants.
)
)
)
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
17
I.
18
Plaintiff Jesus A. Garcia (“Plaintiff”), a state prisoner proceeding pro se and in forma
19
Procedural Background
pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 31, 2014.
20
On January 6, 2015, the Court dismissed Plaintiff’s first amended complaint with leave to
21
amend within thirty days after service. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed
22
to file a second amended complaint in compliance with the order, the action would be dismissed
23
for failure to obey a court order and failure to state a claim. (ECF No. 10.)
24
On February 13, 2015, after more than thirty days had passed and Plaintiff failed to
25
respond to the Court’s order, the Court dismissed the action for failure to obey a court order and
26
failure to state a claim. (ECF No. 11.) Judgment was entered the same date. (ECF No. 12.)
27
28
On March 23, 2015, Plaintiff filed the instant motion to vacate the judgment. (ECF No.
13.)
1
1
II.
2
Rule 60(b)(6) allows the Court to relieve a party from a final judgment for any reason
Motion to Vacate Judgment
3
that justifies relief. Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent
4
manifest injustice and is to be utilized only where extraordinary circumstances ...” exist. Harvest
5
v. Castro, 531 F.3d 737, 749 (9th Cir.2008) (internal quotations marks and citation omitted). The
6
moving party “must demonstrate both injury and circumstances beyond his control . . . .” Id.
7
(internal quotation marks and citation omitted).
8
Here, Plaintiff claims that the Court should vacate the final judgment because he did not
9
receive the Court’s screening order dismissing his amended complaint with leave to amend. In
10
his moving papers, Plaintiff indicates that he received the Court’s order dismissing this action on
11
February 18, 2015. He did not understand the order as he had recently filed a first amended
12
complaint. Plaintiff immediately went to the prison library and requested a docket search result.
13
He learned from the docket, printed on February 23, 2015, that the Court had issued a screening
14
order dismissing the amended complaint with leave to amend. (Ex. A to Pl’s Mot.) Plaintiff
15
then wrote to the mailroom and requested a CDC 199 Mail Log. (Ex. B to Pl’s Mot.) The CDC
16
119 Inmate Legal Mail History Report provides the dates for Plaintiff’s incoming and outgoing
17
legal mail for the period between February 27, 2014, and February 18, 2015. (Ex. C to Pl’s
18
Mot.) According to the report, Plaintiff did not receive any legal mail from the Court between
19
November 5, 2014, and February 18, 2015. (Ex. C. to Pl’s Mot.)
20
The Court has considered Plaintiff’s moving papers, and finds that they support relief
21
under Rule 60(b) due to highly unusual circumstances. Plaintiff has provided evidence
22
demonstrating that he did not receive the Court’s January 6, 2015 screening order. Plaintiff
23
therefore should not be penalized for failure to obey a court order that he did not receive due to
24
circumstances beyond his control. Accordingly, Plaintiff’s motion to vacate the final judgment
25
shall be granted. The Clerk of the Court will be directed to vacate the entry of judgment, reopen
26
this action and mail Plaintiff a copy of the Court’s January 6, 2015 screening order. Within
27
thirty days following service of the screening order, Plaintiff shall file a second amended
28
2
1
complaint. If Plaintiff fails to file a second amended complaint in compliance with the screening
2
order, this action will be dismissed for failure to obey a court order and failure to state a claim.
3
III.
4
Based on the foregoing reasons, it is HEREBY ORDERED as follows:
5
1. Plaintiff’s motion to vacate the judgment is GRANTED;
6
2. The Clerk of the Court is directed to VACATE the judgment entered on February 13,
7
8
2015, and reopen this action;
3. The Clerk of the Court shall mail Plaintiff a copy of the Court’s screening order
9
10
issued on January 6, 2015;
4. Within thirty (30) days from the date of service of this order, Plaintiff shall file a
11
12
Conclusion and Order
second amended complaint; and
5. If Plaintiff fails to comply with this order, this action will be dismissed, with
13
prejudice, for failure to obey a court order and failure to state a claim.
14
15
16
IT IS SO ORDERED.
Dated:
/s/ Barbara
April 3, 2015
17
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
18
19
20
21
22
23
24
25
26
27
28
3
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?