Garraway v. Ciufo et al

Filing 151

ORDER DENYING 147 Motion for Reconsideration, signed by Magistrate Judge Gary S. Austin on 10/22/2022. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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Plaintiff,

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v.

1:17-cv-00533-ADA-GSA (PC)
ORDER DENYING MOTION FOR
RECONSIDERATION
(ECF No. 147.)

JACQUILINE CIUFO, et al.,

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Defendants.

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I.

BACKGROUND

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis with this civil rights

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action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). This case now proceeds

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with Plaintiff’s original Complaint filed on April 17, 2017, against defendants Jacqueline Ciufo

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(Unit Manager), K. Miller (Corrections Officer), and Lieutenant (Lt.) J. Zaragoza (collectively,

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“Defendants”), for failure to protect Plaintiff in violation of the Eighth Amendment. (ECF No. 1.)

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On September 21, 2022, Plaintiff filed a motion for reconsideration of the court’s order

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issued on September 13, 2022, which granted Defendants’ September 8, 2022 ex parte application

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to continue the pretrial conference and jury trial in this case. (ECF No. 147.)
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II.

MOTION FOR RECONSIDERATION

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

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

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and is to be utilized only where extraordinary circumstances . . .” exist. Harvest v. Castro, 531 F.3d

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737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The moving party “must

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demonstrate both injury and circumstances beyond his control . . . .” Id. (internal quotation marks

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and citation omitted). In seeking reconsideration of an order, Local Rule 230(k) requires Plaintiff

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to show “what new or different facts or circumstances are claimed to exist which did not exist or

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were not shown upon such prior motion, or 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

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

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GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks and citations omitted),

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and “[a] party seeking reconsideration must show more than a disagreement with the Court’s

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decision, and recapitulation . . . ” of that which was already considered by the Court in rendering

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its decision,” U.S. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001). To

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succeed, a party must set forth facts or law of a strongly convincing nature to induce the court to

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reverse its prior decision. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656,

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665 (E.D. Cal. 1986), affirmed in part and reversed in part on other grounds, 828 F.2d 514 (9th Cir.

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1987).

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Plaintiff’s Motion

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Plaintiff requests reconsideration of the court’s order issued on September 13, 2022, which

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granted Defendants’ September 8, 2022 ex parte application to continue the pretrial conference and

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jury trial. Plaintiff argues that Defendants’ request to continue the hearing and trial date based on

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defense counsel’s conflicts with upcoming international travel and scheduled trial in another case,

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did not show good cause to continue the pretrial conference and jury trial.

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Plaintiff has not set forth facts or law of a strongly convincing nature to induce the court to
reverse its prior decision. Therefore, Plaintiff’s motion for reconsideration shall be denied.
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III.

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

reconsideration, filed on September 21, 2022, is DENIED.

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IT IS SO ORDERED.
Dated:

October 22, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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