(PC) Williams v. Gamboa et al

Filing 87

ORDER DENYING 76 Plaintiff's Motion to Reconsider the Stay; ORDER ADOPTING 78 Findings and Recommendations to Deny 75 Plaintiff's Motion for Injunctive Relief, signed by District Judge Kirk E. Sherriff on 11/26/2024. (Rivera, O)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN W. WILLIAMS,

Case No. 1:21-cv-00155-KES-EPG (PC)

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Plaintiff,
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ORDER DENYING PLAINTIFF’S MOTION
TO RECONSIDER THE STAY

v.
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BEER, et al.,

Doc. 76

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Defendants.
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ORDER ADOPTING
FINDINGS AND RECOMMENDATIONS
TO DENY PLAINTIFF’S MOTION FOR
INJUNCTIVE RELIEF

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Docs. 75, 78

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I.

INTRODUCTION
Plaintiff John Williams is a state prisoner proceeding pro se in this civil action pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff commenced this action on February 8, 2021.

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Doc. 1. After screening, the case is now proceeding against several correctional officers and a

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registered nurse on claims of excessive force, failure to protect, sexual assault, and deliberate

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indifference to Plaintiff’s serious medical needs, stemming from an incident on August 5, 2019.

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Docs. 1, 10, 13, 25.

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On April 5, 2022, the court granted Defendants’ motion to stay this action pending the

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resolution of related state criminal proceedings. Doc. 53. After considering the parties’ status

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reports, on October 16, 2023, the assigned magistrate judge ordered that the stay in this case

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continue. Doc. 71. On November 22, 2023, plaintiff filed “Objections to the Court Order

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Continuing Stay and Request for Reconsideration.” Doc. 76. Plaintiff’s filing is construed as a

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motion under Rule 72(a) of the Federal Rules of Civil Procedure for reconsideration of the

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magistrate judge’s order continuing the stay.

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Plaintiff also filed a motion titled “Notice of Motion and Request for Judicial Notice and

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for Order for Adequate Treatment.” Doc. 75. On November 28, 2023, the assigned magistrate

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judge issued findings and recommendations, Doc. 78, construing plaintiff’s motion as seeking

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injunctive relief and recommending denial of the motion. The magistrate judge recommended

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denying Plaintiff’s motion because the case was stayed and because the injunctive relief sought

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appeared to have no relationship to the underlying claims or parties in this case. Id. at 3–4. The

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magistrate judge also recommended denial of Plaintiff’s request for judicial notice as moot

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because the proffered documents were not needed for resolution of the motion. Id. at 5. The

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findings and recommendations notified Plaintiff that any objections were due within fourteen (14)

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days. Id. at 5. The deadline for objections has passed, and Plaintiff has not filed any objections.

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For the reasons addressed below, Plaintiff’s motion for reconsideration (Doc. 76) is

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denied. Having carefully reviewed the entire file, the Court also finds the magistrate judge’s

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findings and recommendations (Doc. 78) to be supported by the record and proper analysis,

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adopts them in full, and denies Plaintiff’s motion for injunctive relief (Doc. 75).

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II.

BACKGROUND

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In this action, Defendants Oaks, Pascoe, Riddle, Beer, and Garcia are correctional

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officers, and Defendant Cubos is a registered nurse who recorded Plaintiff’s injuries. Docs. 1, 10,

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13. This action is proceeding based on Plaintiff’s allegations that on August 5, 2019, Defendant

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Oaks stabbed him in the buttocks with a metal pencil-like handcuff key, repeatedly kicked him,

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and pepper sprayed him, while Defendant Pascoe stood outside the van’s side door and watched

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as Plaintiff was repeatedly kicked by Defendant Oaks. Docs. 1, 10, 13, 25. Plaintiff also alleges
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that, after being subjected to the excessive use of force, he suffered from bleeding buttocks, pain

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to groin, pain to lower torso, pain to face, pain to legs, burning skin, burning eyes, and burning

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lungs; that Defendants Oaks, Pascoe, Riddle, Beer, Garcia, and Cubos were aware of some, if not

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all, of his injuries; and that each Defendant failed to provide or summon medical care for those

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injuries. Id.

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After screening, Plaintiff elected to proceed on his Eighth Amendment excessive force

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claim against Defendant Oaks; his Eighth Amendment failure to protect claim against Defendant

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Pascoe; his Eighth Amendment sexual assault claim against defendant Oaks; and his Eighth

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Amendment claim for deliberate indifference to his serious medical needs against Defendants

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Oaks, Pascoe, Riddle, Beer, Garcia, and Cubos. Id.

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The incident giving rise to this action also resulted in criminal charges against Plaintiff

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that are still pending in state court. See generally Doc. 37. On April 5, 2022, the Court granted

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Defendants’ motion to stay this action “pending the resolution of the related state criminal

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proceedings.” Doc. 53. The Court also directed Defendants “to file a status report within

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fourteen days after the criminal case is resolved, or one year after the date of the stay, whichever

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is earlier.” Id. at 2. Since then, Defendants have filed five status reports noting that the criminal

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case remains pending. See docket. In their fourth status report, on September 15, 2023,

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Defendants stated that Plaintiff had been granted a two-year mental health diversion in the

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underlying criminal case. Doc. 68. The Defendants informed the Court that “criminal charges

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will not be dismissed until the end of the diversion and dismissal is contingent upon Plaintiff

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performing satisfactorily in the diversion program.” Id. Defendants’ position was that the stay

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should remain in place given the pending criminal case. Plaintiff filed an opposition to

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continuing the stay. Doc. 70. He stated that he has been admitted into the mental health crisis

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bed for suicide prevention and that he lacked access to his legal property. Id. He asked for the

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stay to be lifted so he could proceed with this civil case. Id.

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After considering Defendant’s status report and Plaintiff’s response, the magistrate judge

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issued an order “finding that the relevant considerations still support a stay.” Doc. 71 at 2.

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Plaintiff then sought reconsideration of the magistrate judge’s order. Doc. 76.
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III. PLAINTIFF’S MOTION FOR RECONSIDERATION

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Under Rule 72(a), a party may object to any nondispositive orders entered by a magistrate

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judge. Rule 72(a) then requires the district judge to “consider timely objections and modify or set

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aside any part of the order that is clearly erroneous or is contrary to law.” Likewise, Local Rule

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303(c) states: “A party seeking reconsideration of the Magistrate Judge’s ruling shall file a

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request for reconsideration by a Judge and serve the Magistrate judge and all parties. Such

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request shall specifically designate the ruling, or part thereof, objected to and the basis for that

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objection.”

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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) (citation omitted). “A

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motion for reconsideration ‘may not be used to raise arguments or present evidence for the first

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time when they could reasonably have been raised earlier in the litigation.’” Id. (emphasis in

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original and citation omitted). Furthermore, “‘[a] party seeking reconsideration must show more

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than a disagreement with the Court’s decision, and ‘recapitulation of the cases and arguments

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considered by the court before rendering its original decision fails to carry the moving party’s

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burden.’” U.S. v. Westlands Water Dist., 134 F. Supp. 2d 1111, 1131 (E.D. Cal. 2001) (citation

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omitted). Similarly, Local Rule 230(j) requires that a party seeking reconsideration show “what

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new or different facts or circumstances are claimed to exist which did not exist or were not shown

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upon such prior motion, or what other grounds exist for the motion.”

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Plaintiff contends the Court’s order continuing the stay “left Plaintiff to suffer irreparable

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injuries due to imminent danger from ongoing self injurious behaviors, (SIB), trauma and

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untreated PTSD diagnosis and symptoms as a direct result of the August 5, 2019, incident.”

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Doc. 76 at 3. Plaintiff also alleges that the district attorney has “influenced plaintiff’s malicious

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criminal prosecution” in various ways. Id. at 4. He contends there was a cover up of the August

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5, 2019, incident and that security video of the incident was either withheld or destroyed, id. at 5–

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7. He contends that lifting the stay will “extend some relief to the trauma sustained at the unclean
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hands of defendant’s” and prevent further evidence related to the case from being lost or

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destroyed. Id. at 7. He asserts that he will suffer prejudice because Defendants will destroy the

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evidence. Id. at 7–10. Plaintiff objects “to the extended and ongoing stay for all the above

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reasons which violate Rule 60(b).” Id. at 10.

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As a threshold matter, Rule 60(b) is inapplicable to a nondispositive order by the

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magistrate judge. “Rule 60(b) does not provide relief from judgments, orders, or proceedings that

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are not final decisions within the meaning of 28 U.S.C. § 1291, which generally cannot be

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appealed immediately.” Meas v. City & Cnty. of San Francisco, 681 F. Supp. 2d 1128, 1142

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(N.D. Cal. 2010); see also United States v. Martin, 226 F.3d 1042, 1048 n.8 (9th Cir. 2000)

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(noting “Rule 60(b), like Rule 59(e), applies only to motions attacking final, appealable orders”).

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Plaintiff also does not present the Court with newly discovered evidence, show that the

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magistrate judge committed clear error, or establish that there has been an intervening change in

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the controlling law that would warrant reconsideration of the magistrate judge’s October 16,

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2026, order (Doc. 71) continuing the stay. Plaintiff’s claim of malicious prosecution was first

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considered and addressed more than two years ago in the magistrate judge’s original findings and

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recommendations, see Doc. 45 at 6. The magistrate judge also considered Plaintiff’s allegations

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of mental health trauma in the order continuing the stay, see Doc. 71. Plaintiff’s assertions are

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neither new evidence nor new facts or circumstances and there is no basis for reconsideration of

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the magistrate judge’s order continuing the stay. Accordingly, the Court DENIES Plaintiff’s

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motion (Doc. 76).

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IV. FINDINGS AND RECOMMENDATIONS TO DENY INJUNCTIVE RELIEF

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In his motion for injunctive relief, Plaintiff asked the Court “for an order for adequate

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mental health treatment as a direct result of post tra[u]matic stress syndrome (PTSD) diagnosis

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and symptoms imposed by Defendant Oak’s [sic], Pascoe, and Beer wanton acts outlined in

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Plaintiff’s operative complaint which include years of malicious criminal prosecution in the

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Kings County Superior Court the same.” Doc. 75 at 3.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has conducted a de

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novo review and finds the findings and recommendations to be supported by the record and by

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proper analysis. Plaintiff has made no showing that he is entitled to injunctive relief.

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Accordingly, the Court ORDERS:
1) The Findings and Recommendations issued on November 28, 2023, Doc. 78, are

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ADOPTED in full.

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2) Plaintiff’s motion for injunctive relief, Doc. 75, is DENIED.

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3) Plaintiff’s motion for reconsideration, Doc. 76, is DENIED.

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IT IS SO ORDERED.
Dated:

November 26, 2024
UNITED STATES DISTRICT JUDGE

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