Arocha v. Sauceda et al

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/2013 DENYING, as unnecessary, plaintiff's 46 motion for an extension of time; and DENYING, plaintiff's 47 motion for reconsideration. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUDY AROCHA,

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Plaintiff,

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No. 2: 11-cv-2959 KJN P

vs.
E. SAUCEDA, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On November 18, 2011, plaintiff consented to the jurisdiction of

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the undersigned.

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On April 23, 2013, the undersigned issued a 26 page order screening the third

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amended complaint filed January 9, 2013. On May 22, 2013, plaintiff was granted fourteen days

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to file a request for reconsideration of the April 23, 2013 order.

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On May 30, 2013, plaintiff filed a motion for reconsideration of the April 23,

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2013 order and a motion for an extension of time to file the request for reconsideration. Pursuant

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to the May 22, 2013 order, the motion for reconsideration is timely. Accordingly, plaintiff’s May

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30, 2013 motion for extension of time is denied as unnecessary.

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Parties seeking reconsideration should demonstrate “new or different facts or

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

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prior motion, or what other grounds exist for the motion” and “why the facts or circumstances

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were not shown at the time of the prior motion.” E.D. Cal. L.R. 230 (j); see United States v.

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Alexander, 106 F.3d 874, 876 (9th Cir. 1997) (reconsideration appropriate for a change in the

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controlling law, facts, evidence, or other circumstances; a need to correct a clear error; or a need

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to prevent manifest injustice); see also School Dist. No. 1J, Multnomah County v. ACandS, Inc.,

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5 F.3d 1255, 1263 (9th Cir. 1993).

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Although motions to reconsider are directed to the sound discretion of the court,

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Frito-Lay of Puerto Rico, Inc. v. Canas, 92 F.R.D. 384, 390 (D.C. Puerto Rico 1981),

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considerations of judicial economy weigh heavily in the process. The rule derives from the “law

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of the case” doctrine which provides that the decisions on legal issues made in a case “should be

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followed unless there is substantially different evidence . . . new controlling authority, or the

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prior decision was clearly erroneous and would result in injustice.” Handi Investment Co. v.

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Mobil Oil Corp., 653 F.2d 391, 392 (9th Cir. 1981); see also Waggoner v. Dallaire, 767 F.2d

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589, 593 (9th Cir. 1985). The standards “reflect[ ] district courts’ concern for preserving

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dwindling resources and promoting judicial efficiency.” Costello v. United States Government,

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765 F.Supp. 1003, 1009 (C.D. Cal.1991). “While Rule 59(e) permits a district court to

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reconsider and amend a previous order, the rule offers an extraordinary remedy, to be used

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sparingly in the interests of finality and conservation of judicial resources” and in “highly

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unusual circumstances.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003) (internal citation

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omitted). A party may not “raise arguments or present evidence for the first time when they

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could reasonably have been raised earlier in the litigation.” Id.

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Plaintiff has not demonstrated grounds to reconsider the order screening his third

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amended complaint. Plaintiff has presented no new or different facts or circumstances which did

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not exist at the time he prepared his third amended complaint. Plaintiff has also failed to
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demonstrate why the arguments made in the request for reconsideration could not have been

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raised previously. Plaintiff has failed to demonstrate that the April 23, 2013 order was erroneous

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or would result in the injustice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (ECF No. 46) is denied as unnecessary;

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2. Plaintiff’s motion for reconsideration (ECF No. 47) is denied.

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DATED: June 11, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ar2959.req

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