Johnson v. Cotta et al

Filing 22

ORDER DENYING 21 Plaintiff's Motion for Rehearing signed by District Judge Dale A. Drozd on 4/28/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMAH JOHNSON,

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No. 1:16-cv-00082-DAD-JLT

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR REHEARING

v.
J. COTTA, et al.,

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(Doc. No. 21)
Defendants.

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Plaintiff, Armah Johnson, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on January 20, 2016. (Doc. No. 1.)

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However, on July 27, 2016, the action was dismissed after this court concluded it lacked

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jurisdiction since plaintiff’s claims of the unauthorized deprivation of his property by prison

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officials failed to state a cognizable due process claim. (Doc. No. 17 at 2–3.)

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On January 13, 2017, plaintiff filed a “motion for rehearing.” (Doc. No. 21.) In his

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motion, plaintiff states a rehearing is necessary because “the state failed to provide meaningful

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post deprivity [sic] remedy for loss occasion by intentional official misconduct.” (Id.) While not

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entirely clear, the court takes this to mean plaintiff was unsuccessful in seeking redress in the

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state courts. Even if this were the case, however, it would provide no cause for this court to

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reconsider its prior determination that it lacked subject matter jurisdiction over plaintiff’s claims.

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Bianchi v. Rylaarsdam, 334 F.3d 895, 898 (9th Cir. 2003) (“[F]ederal courts lack jurisdiction to
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hear appeals from state court decisions.”). No other grounds are advanced by plaintiff in his

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motion as to why this court should revisit its decision, which it has already declined to do once.

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(See Doc. No. 20.)

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Accordingly, plaintiff’s motion for rehearing (Doc. No. 21) is denied. No other orders

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will issue in response to filings made by plaintiff in this closed case.

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IT IS SO ORDERED.

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Dated:

April 28, 2017
UNITED STATES DISTRICT JUDGE

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