Jones v. Arnette, et al.

Filing 125

ORDER DENYING 123 Motion for Reconsideration; ORDER Submitting Plaintiff's Objections to the Findings and Recommendations to the District Judge for Consideration signed by Magistrate Judge Gary S. Austin on 05/30/2022. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,

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Plaintiff,

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1:16-cv-01212-DAD-GSA-PC
ORDER DENYING MOTION FOR
RECONSIDERATION

vs.
ARNETTE, et al.,

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Defendants.

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ORDER SUBMITTING PLAINTIFF’S
OBJECTIONS TO THE FINDINGS AND
RECOMMENDATIONS TO THE DISTRICT
JUDGE FOR CONSIDERATION
(ECF No. 123.)

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I.

BACKGROUND

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Jeremy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act

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(ADA), 42 U.S.C. § 12132.

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On February 15, 2022, Plaintiff filed a motion for reconsideration of the court’s order

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issued on January 31, 2022, which denied Plaintiff’s motion for sanctions. (ECF No. 123.) On

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March 1, 2022, Defendants filed an opposition to Plaintiff’s motion for reconsideration. (ECF

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No. 124.)

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Together with his motion for reconsideration, Plaintiff also filed objections to the findings

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and recommendations issued on February 1, 2022. (ECF No. 123)

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II.

MOTION FOR RECONSIDERATION

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Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake,

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inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable
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diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3)

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fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an

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opposing party; (4) the judgment is void; or (6) any other reason that justifies relief.” Fed. R.

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Civ. P. 60(b). Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest

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injustice and is to be utilized only where extraordinary circumstances . . .” exist. Harvest v.

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Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The

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moving party “must demonstrate both injury and circumstances beyond his control . . . .” Id.

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(internal quotation marks and citation omitted). In seeking reconsideration of an order, Local

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Rule 230(k) requires Plaintiff to show “what new or different facts or circumstances are claimed

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to exist which did not exist or were not shown upon such prior motion, or what other grounds

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exist for the motion.”

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

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circumstances, unless the district court is presented with newly discovered evidence, committed

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clear error, or if there is an intervening change in the controlling law,” Marlyn Nutraceuticals,

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Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks

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and citations omitted, and “[a] party seeking reconsideration must show more than a

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disagreement with the Court’s decision, and recapitulation . . . ” of that which was already

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considered by the Court in rendering its decision,” U.S. v. Westlands Water Dist., 134 F.Supp.2d

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1111, 1131 (E.D. Cal. 2001). To succeed, a party must set forth facts or law of a strongly

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convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist.

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v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and reversed in

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

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Here, Plaintiff seeks reconsideration of the court’s order issued on January 31, 2022,

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which denied Plaintiff’s motion for imposition of sanctions on Defendants for their failure to

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comply with the court’s order compelling them to respond to a request for production of

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documents which sought names and addresses of two un-served Defendants, Vasquez and Lopez,

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to enable service of process. Plaintiff contends that Defendants did not use diligence to identify

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and locate the two Defendants.
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Defendants argue that the motion for reconsideration should be denied because Plaintiff

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has not presented the Court with any newly-discovered evidence, shown that the Court committed

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clear error in its rulings, or pointed to any intervening change in controlling law. Defendants

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argue that the Court has already considered and rejected Plaintiff’s claim.

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The Court agrees with Defendants, Plaintiff has not shown “what new or different facts

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or circumstances are claimed to exist which did not exist or were not shown upon such prior

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motion, or what other grounds exist for the motion.” L.R. 230(k).

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disagrees with the Court’s decision and essentially repeats that which was already considered by

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the Court in rendering its decision.

Instead, Plaintiff merely

Accordingly, Plaintiff fails to show any reason why the

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Court should reconsider its prior order, and the Court will deny his motion for reconsideration.

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III.

OBJECTIONS TO THE FINDINGS AND RECOMMENDATIONS

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Plaintiff has filed objections to the pending findings and recommendations issued on

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February 1, 2022. The undersigned shall submit Plaintiff’s objections to the United States

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District Judge assigned to this case, for consideration pursuant to the provisions of Title 28 U.S.C.

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§ 636(b)(1).

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IV.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for reconsideration, filed on February 15, 2022, is DENIED;
and

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Plaintiff’s objections to the February 1, 2022 findings and recommendations, filed

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on February 15, 2022, are SUBMITTED for consideration to the United States

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District Judge assigned to this case.

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IT IS SO ORDERED.
Dated:

May 30, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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