Alvarado v. County of Tulare

Filing 13

ORDER Denying Motion for Reconsideration re 12 , signed by Magistrate Judge Barbara A. McAuliffe on 2/12/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL DEAN ALVARADO, JR.,

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Plaintiff,

Case No. 1:17-cv-01396-BAM (PC)
ORDER DENYING MOTION FOR
RECONSIDERATION

v.
(ECF No. 12)
COUNTY OF TULARE,
Defendant.

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Plaintiff Daniel Dean Alvarado (“Plaintiff”) is a former state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was

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initiated on October 3, 2017. (ECF No. 1.)

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On January 8, 2018, Plaintiff filed a motion for sanctions pursuant to Federal Rule of Civil

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Procedure 37. (ECF No. 10.) Plaintiff appeared to be requesting default judgment against

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Defendant County of Tulare, due to Defendant’s failure to respond to the complaint. On January

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16, 2018, the Court denied the motion as premature. (ECF No. 11.)

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On February 5, 2018, Plaintiff filed a copy of the Court’s January 16, 2018 order, with a

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handwritten note: “Objection: Show Cause Why it is Premature. Point Clarification: Praecipe and

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demand. Writ of Mandamus Warrant.” (ECF No. 12.) Plaintiff attaches various documents to his

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objections, including what appear to be proposed orders awarding judgment in his favor against

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Defendant County of Tulare, and copies of docket sheets in the instant action and the action
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originally filed in the Northern District of Illinois. Plaintiff does not explain the significance of

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these attachments. (Id.)
The Court construes Plaintiff’s objections as a motion for reconsideration of the order

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denying Plaintiff’s motion for sanctions. The motion is deemed submitted. Local Rule 230(l).
“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) (internal quotation marks and citation omitted). Additionally,

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pursuant to this Court’s Local Rules, when filing a motion for reconsideration of an order, a party

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

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or were not shown upon such prior motion, or what other grounds exist for the motion.” Local

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Rule 230(j).
Plaintiff’s request that the Court provide an explanation for finding that his motion for

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sanctions was premature merely demonstrates his disagreement with the Court’s decision.

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Plaintiff fails to show that the Court has committed clear error, and he has presented no new or

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different facts or circumstances which did not exist or were not shown upon a prior motion, or

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any other grounds that exist for the motion. As stated in the Court’s January 16, 2018 order, the

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complaint has not yet been screened to determine whether it is subject to dismissal or whether the

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action should proceed to discovery on Plaintiff’s claims, pursuant to 28 U.S.C.

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§ 1915(e)(2)(B)(ii). Therefore, the complaint has not been served, no defendants have appeared,

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and discovery has not been opened. Default judgment against any defendant is therefore

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inappropriate and premature at this time.

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Accordingly, Plaintiff has failed to set forth grounds entitling him to reconsideration of

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the Court’s January 16, 2018 order, and Plaintiff’s motion for reconsideration, (ECF No. 12) is

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HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 12, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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