Rosas v. Denny et al

Filing 13

ORDER DENYING Plaintiff's Motion to Vacate the Judgment 12 , signed by Magistrate Judge Stanley A. Boone on 2/23/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERICO ROSAS,

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Plaintiff,
v.
D. DENNY, et al.,
Defendants.

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Case No.: 1:14-cv-01418-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO VACATE JUDGMENT
[ECF No. 12]

On January 16, 2015, the instant complaint filed pursuant to 42 U.S.C. § 1983 was dismissed,

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with prejudice, for failure to state a cognizable claim for relief. (ECF Nos. 10, 11.) Pursuant to 28

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U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States magistrate judge on

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September 22, 2014. Local Rule 302.

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On January 29, 2015, Plaintiff filed a motion to vacate the judgment. (ECF No. 12.)

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Where there has been a final judgment, a motion for reconsideration may be based either on

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Rule 59(e) (motion to alter or amend judgment) or Rule 60(b) (motion for relief from judgment of the

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Federal Rules of Civil Procedure. See Am. Ironworks & Erectors v. N. Am. Constr. Corp., 248 F.3d

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892, 898-899 (9th Cir. 2001).

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“In general, there are four basic grounds upon which a Rule 59(e) motion may be granted: (1)

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if such motion is necessary to correct manifest errors of law or fact upon which the judgment rests; (2)

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if such motion is necessary to present newly discovered or previously unavailable evidence; (3) if such
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motion is necessary to prevent manifest injustice; or (4) if the amendment is justified by an intervening

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change in controlling law.” Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011). A

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district court has “considerable discretion” in considering a Rule 59(e) motion. Turner v. Burlington

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Northern Santa Fe R. Co., 338 F.3d 1058, 1063 (9th Cir. 2003). Relief based on this rule generally is

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reserved for “highly unusual circumstances.” School Dist. No. 1J, Multnomah County v. ACandS

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Inc., 5 F.3d 1255, 1263 (9th Cir. 1993).

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Rule 60(b) provides for reconsideration where one or more of the following is shown: (1)

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mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due

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diligence could not have been discovered before the court’s decision; (3) fraud by the adverse party;

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(4) the judgment is void; (5) the judgment has been satisfied; (6) any other reason justifying relief.

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Fed. R. Civ. P. 60(b); School Dist. 1J., 5 F.3d at 1263.

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Motions for reconsideration should not be frequently or freely granted; they are not a substitute

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for appeal or a means of attacking some perceived error of the court. See Twentieth Century-Fox Film

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Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981). “‘[T]he major grounds that justify

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reconsideration involve an intervening change of controlling law, the availability of new evidence, or

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the need to correct a clear error or prevent manifest injustice.’” Pyramid Lake Paiute Tribe of Indians

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v. Hodel, 882 F.2d 364, 369 n.5 (9th Cir. 1989) (quoting United States v. Desert Gold Mining Co., 433

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F.2d 713, 715 (9th Cir. 1970)).

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In the present motion, Plaintiff requests that the judgment of dismissal be vacated because the
Court improperly screened his complaint and Plaintiff stated a cognizable constitutional violation.
The Court finds that Plaintiff has failed to demonstrate that relief from judgment is warranted

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under Rule 59(e). Plaintiff has not identified any newly discovered evidence or cited any authority

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demonstrating that there has been an intervening change in controlling law. Nor has Plaintiff shown

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that the Court’s dismissal order rests upon manifest errors of law or fact or that relief is otherwise

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appropriate to prevent manifest injustice.

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Plaintiff has further failed to demonstrate relief from judgment under Rule 60(b). Plaintiff

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disagrees with the Court’s screening order and dismissal of the complaint. In screening Plaintiff’s first

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amended complaint, the Court carefully considered Plaintiff’s allegations, construed the allegations in
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light of Plaintiff’s pro se status, and explained in a detailed order why the complaint failed to state a

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cognizable claim under the applicable standard of law. Reconsideration is not a vehicle by which to

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obtain a second bite at the apple; it is reserved for extraordinary circumstances. United States v.

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Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001); see also In re Pacific Far East

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Lines, Inc., 889 F.2d 242, 250 (9th Cir. 1989) (Fed. R. Civ. P. 60(b)(6) may provide relief where

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parties were confronted with extraordinary circumstances but it does not provide a second change for

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parties who made deliberate choices). Plaintiff’s disagreement with the Court’s decision is not

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grounds for reconsideration. Accordingly, Plaintiff’s motion for reconsideration must be DENIED.
Based on the foregoing,

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IT IS HEREBY ORDERED that Plaintiff’s motion to vacate the judgment is DENIED.

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IT IS SO ORDERED.

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Dated:

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February 23, 2015
UNITED STATES MAGISTRATE JUDGE

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