Rice v. Obama et al
Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/15 ORDERING that plaintiff's 11 motion is DENIED.(Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ERIC DWIGHT RICE,
12
13
14
15
No. 2:14-cv-1784 KJN P
Petitioner,
v.
ORDER
BARACK OBAMA, et al.,
Respondent.
16
17
Petitioner, a state prisoner proceeding pro se, previously filed a petition for a writ of
18
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to proceed before the
19
undersigned for all purposes. See 28 U.S.C. § 636(c).
20
In his petition, petitioner set forth the following grounds for habeas relief: (1) America
21
has committed a crime against humanity by allowing him and other African Americans to be
22
called “Black”; (2) America is guilty of social and economic discrimination against minorities
23
and African Americans; and (3) Black History month is offensive, degrading, and a dishonor to
24
all African Americans, past and present. (ECF No. 1 at 4-5.) Petitioner conceded that he did not
25
exhaust his state court remedies in connection with these claims, and explained that he failed to
26
do so because the state court lacked jurisdiction over them. (Id. at 5.)
27
28
On August 13, 2014, the court filed an order dismissing the petition without prejudice.
(ECF No. 5.) The basis for the dismissal was the court’s determination that, because petitioner
1
1
had not challenged the fact or duration of his confinement in his petition, his claims were not
2
appropriate for a § 2254 action. The court therein also declined to construe petitioner’s filing as a
3
complaint under 42 U.S.C. § 1983. (Id.)
4
On August 28, 2014, petitioner filed a motion to reopen the case. (ECF No. 9.) On
5
September 10, 2014, the court denied this motion, finding that petitioner had again failed to set
6
forth any allegations challenging the fact or duration of his confinement, and further, that he had
7
failed to meet the criteria for reconsideration set forth in Local Rule 230. (ECF No. 10.)
8
On December 29, 2014, petitioner filed a letter requesting to refile his case with the
9
undersigned. (ECF No. 11.) The court will construe this letter as a renewed motion for
10
reconsideration, and will deny the motion. Petitioner has yet again failed to set forth any
11
allegations that challenge the fact or duration of his confinement, as required under 28 U.S.C.
12
§ 2254. Petitioner has also failed to make the showing required by Local Rule 230(j), which calls
13
upon a party seeking reconsideration to state “what new or different facts or circumstances are
14
claimed to exist which did not exist or were not shown upon such prior motion, or what other
15
grounds exist for the motion,” and “why the facts or circumstances were not shown at the time of
16
the prior motion.” E.D. Cal. Local Rule 230(j)(3), (4).
17
18
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 11) is denied.
Dated: February 24, 2015
19
20
21
/ rice1784.dsm.2nd
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?