Jordan v. Matevousian
Filing
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ORDER DENYING Petitioner's 26 Motion for Reconsideration signed by Magistrate Judge Sheila K. Oberto on 10/11/2016. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARK JORDAN,
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No. 1:15-cv-01895-LJO-SKO HC
Petitioner,
ORDER DENYING PETITIONER’S
MOTION FOR RECONSIDERATION
v.
ANDRE MATEVOUSIAN,
(Doc. 26)
Respondent.
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Petitioner Mark Jordan is a federal prisoner proceeding pro se with a petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2241. On August 10, 2016, the Court denied Petitioner’s
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motion for an extension of time, nunc pro tunc, to file a reply to Respondent’s motion to dismiss.
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Doc. 24. On August 18, 2016, Petitioner moved for reconsideration, strengthening his argument
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that despite his having provided the reply to the prison mail room for timely mailing, his reply
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was never filed by the Clerk of Court.
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A party cannot have relief merely because he or she is unhappy with the Court’s denial of
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his motion. See, e.g., Khan v. Fasano, 194 F.Supp.2d 1134, 1136 (S.D.Cal. 2001).
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Reconsideration of a court's order is an "extraordinary remedy to be employed sparingly in the
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interests of finality and conservation of scarce judicial resources." Kona Enterprises, Inc. v.
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Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000), quoting 12 James Wm. Moore, Moore's
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Federal Practice § 59.30[4] (3d ed. 2000). "[A] motion for reconsideration should not be granted,
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absent highly unusual circumstances, unless the district court is presented with newly discovered
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evidence, committed clear error, or if there is an intervening change in controlling law." Kona
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Enterprises, 229 F.3d at 890, quoting 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th
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Cir. 1999). "[A] motion for reconsideration is properly denied when the movant fails to establish
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any reason justifying relief." Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985).
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This motion for reconsideration presents no newly discovered evidence, clear Court error,
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or intervening change in controlling law. Petitioner presents only his personal declaration,
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electronic correspondence with an entity outside prison (“Jordan Center for Criminal Justice and
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Penal Reform”), and correspondence concerning unrelated difficulties with the U.S. Postal
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Service in 2015. Petitioner provided no evidence of his deposit of his legal mail with the prison
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mail room, such as a photocopy of the legal mail log. In an abundance of caution, the Court
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directed Respondent to file supplemental information concerning its receipt of the reply, as
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documented by the certificate of service, as well as any available documentation from the USP-
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Atwater mail room. Respondent provided a prompt and detailed response, which did not provide
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support for Petitioner’s claims.
Based on the foregoing, Petitioner’s motion for reconsideration of the Court’s August 18,
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2016, denial of his motion for extension of time is hereby DENIED.
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IT IS SO ORDERED.
Dated:
October 11, 2016
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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