Cromer v. Songer, et al.

Filing 14

ORDER Denying Plaintiff's 13 Motion for Reconsideration signed by Magistrate Judge Stanley A. Boone on 06/15/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES CROMER,

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Plaintiff,

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v.
MICHAEL SONGER, et al.,

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Defendants.

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Case No.: 1:15-cv-01742-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION
[ECF No. 13]

Plaintiff Charles Cromer is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28

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U.S.C. § 636(c).1

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Currently before the Court is Plaintiff’s motion for reconsideration, filed June 13, 2016.

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I.

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DISCUSSION
The motion for reconsideration is governed by Rule 60 of the Federal Rules of Civil Procedure

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and Rule 230 of the Local Rules of the United States District Court, Eastern District of California.

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

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60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest injustice and is to be

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Plaintiff consented to magistrate judge jurisdiction on December 3, 2015. (ECF No. 4.)

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utilized only where extraordinary circumstances . . . exist.” Harvest v. Castro, 531 F.3d 737, 749 (9th

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Cir. 2008)(internal quotation marks omitted). The moving party “must demonstrate both injury and

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

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seeking 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 or were not shown upon such prior motion, or

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what other grounds exist for the motion.”

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

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unless the district court is presented with newly discovered evidence, committed clear error, or if there

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is an intervening change in controlling law.” Marlyn Nutraceuticals, Inc., v. Mucos Pharma GmbH &

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Co., 571 F.3d 873, 880 (9th Cir. 2009)(internal quotation marks and citations omitted), and “[a] party

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seeking reconsideration must show more than a disagreement with the court’s decision, and

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recapitulation . . . of that which was already considered by the court in rendering its decision,” U.S.

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v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001). To succeed, a party must set

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forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision. See

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Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 646, 665 (E.D. Cal. 1986), affirmed in

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part and reversed in part on other grounds, 828 F.2d 514 (9th Cir. 1987).

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In his motion for reconsideration, Plaintiff merely asserts the same arguments as presented in

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his amended complaint, which was dismissed, with prejudice, for failure to state a cognizable claim

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for relief. As stated in the Court’s May 18, 2016, screening and dismissal order, “Plaintiff has failed

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to present sufficient facts to support a finding that Defendant Trevino denied, delayed, or interfered

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with Plaintiff’s care and treatment. The fact that Plaintiff disagrees with the medical care he is

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receiving is not sufficient to state a cognizable constitutional violation.” (ECF No. 11). Plaintiff’s

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disagreement with the Court’s ruling is insufficient to warrant reconsideration. See Collins v. D.R.

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Horton, Inc., 252 F.Supp.2d 936, 938 (D. Az. 2003) (a motion for reconsideration cannot be used to

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ask the Court to rethink what the Court has already thought through merely because a party disagrees

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with the Court’s decision); see also Leong v. Hilton Hotels Corp., 689 F.Supp. 1572, 1573 (D. Haw.

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1988) (mere disagreement with a previous order is an insufficient basis for reconsideration).

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Accordingly, Plaintiff’s motion for reconsideration shall be denied.
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II.

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ORDER
Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s motion for reconsideration,

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filed June 13, 2016, is DENIED.

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IT IS SO ORDERED.

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Dated:

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June 15, 2016
UNITED STATES MAGISTRATE JUDGE

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