Jordan v. Matevousian

Filing 31

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK JORDAN, 12 13 14 15 No. 1:15-cv-01895-LJO-SKO HC Petitioner, ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION v. ANDRE MATEVOUSIAN, (Doc. 26) Respondent. 16 17 Petitioner Mark Jordan is a federal prisoner proceeding pro se with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. On August 10, 2016, the Court denied Petitioner’s 19 motion for an extension of time, nunc pro tunc, to file a reply to Respondent’s motion to dismiss. 20 Doc. 24. On August 18, 2016, Petitioner moved for reconsideration, strengthening his argument 21 that despite his having provided the reply to the prison mail room for timely mailing, his reply 22 was never filed by the Clerk of Court. 23 A party cannot have relief merely because he or she is unhappy with the Court’s denial of 24 his motion. See, e.g., Khan v. Fasano, 194 F.Supp.2d 1134, 1136 (S.D.Cal. 2001). 25 Reconsideration of a court's order is an "extraordinary remedy to be employed sparingly in the 26 interests of finality and conservation of scarce judicial resources." Kona Enterprises, Inc. v. 27 Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000), quoting 12 James Wm. Moore, Moore's 28 1 1 Federal Practice § 59.30[4] (3d ed. 2000). "[A] motion for reconsideration should not be granted, 2 absent highly unusual circumstances, unless the district court is presented with newly discovered 3 evidence, committed clear error, or if there is an intervening change in controlling law." Kona 4 Enterprises, 229 F.3d at 890, quoting 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th 5 Cir. 1999). "[A] motion for reconsideration is properly denied when the movant fails to establish 6 any reason justifying relief." Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985). 7 This motion for reconsideration presents no newly discovered evidence, clear Court error, 8 or intervening change in controlling law. Petitioner presents only his personal declaration, 9 electronic correspondence with an entity outside prison (“Jordan Center for Criminal Justice and 10 Penal Reform”), and correspondence concerning unrelated difficulties with the U.S. Postal 11 Service in 2015. Petitioner provided no evidence of his deposit of his legal mail with the prison 12 mail room, such as a photocopy of the legal mail log. In an abundance of caution, the Court 13 directed Respondent to file supplemental information concerning its receipt of the reply, as 14 documented by the certificate of service, as well as any available documentation from the USP- 15 Atwater mail room. Respondent provided a prompt and detailed response, which did not provide 16 support for Petitioner’s claims. Based on the foregoing, Petitioner’s motion for reconsideration of the Court’s August 18, 17 18 2016, denial of his motion for extension of time is hereby DENIED. 19 20 21 IT IS SO ORDERED. Dated: October 11, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2 .

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