Corral v. Folsom State Prison

Filing 19

ORDER signed by District Judge Garland E. Burrell, Jr. on 4/3/2017 DENYING 18 Motion for Reconsideration; ORDERING the plaintiff to file nothing further in this action; CAUTIONING the plaintiff that a failure to comply with this order may result in the imposition of monetary sanctions. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DYLAN SCOTT CORRAL,

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Plaintiff,

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No. 2:15-cv-0829 GEB AC P

v.

ORDER

FOLSOM STATE PRISON,

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Defendants.

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On March 9, 2016, this action was dismissed and judgment was entered.1 ECF Nos. 16,

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17. On March 21, 2016, plaintiff filed untimely objections to the Magistrate Judge’s December

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24, 2015 findings and recommendations. ECF No. 18.
Standards For Motions To Reconsider

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Plaintiff’s objections are untimely due to his own failure to keep the court apprised of his

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current address. Accordingly, they will be construed as a motion for reconsideration. Local Rule

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230(j) requires that a motion for reconsideration state “what new or different facts or

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circumstances are claimed to exist which did not exist or were not shown upon such prior motion,

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or what other grounds exist for the motion; and . . . why the facts or circumstances were not

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shown at the time of the prior motion.” L.R. 230(j)(3)-(4).

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The court notes that the dismissal of this action was without prejudice.
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On December 24, 2015, the magistrate judge filed findings and recommendations

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recommending that the case be dismissed because plaintiff had failed to comply with a court

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order to either pay the filing fee or file an application to proceed in forma pauperis. ECF No. 15.

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At that time, plaintiff had been given multiple extensions of time to comply, totaling 150 days.

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Id. He was given fourteen days from service to file objection. Id. The findings and

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recommendations were served on plaintiff at his address of record, but records shows they were

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returned by the postal service as undeliverable on January 19, 2016. However, according to the

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court’s records, plaintiff’s address was updated by the Clerk of the Court on January 14, 2016,

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based on plaintiff’s filing in another case, and the findings and recommendations were re-served

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on plaintiff’s updated address the following day. The findings and recommendations served on

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January 15, 2016, were not returned to the court. Plaintiff failed to file objections within

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seventeen days2 of January 15, 2016, and the findings and recommendations were adopted in full.

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ECF No. 16.
Plaintiff was provided more than sufficient time to comply with the court’s order to pay

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the filing fee or submit an application to proceed in forma pauperis but failed to do either.

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Although plaintiff alleges that he never received the findings and recommendations, it was his

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responsibility to keep the court up to date on his address and he has failed to adequately explain

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his failure to do so. Moreover, the findings and recommendations were re-served on plaintiff on

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January 15, 2016, and were not returned. The complaint was dismissed without prejudice, which

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means that plaintiff is free to re-file and plaintiff’s allegations do not meet the requirements for a

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motion for reconsideration or warrant a different outcome.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 21, 2016 motion for reconsideration (ECF No. 18) is denied;

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Plaintiff was entitled to an additional three days based on the method of service. Fed. R. Civ. P.
6(d).
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2. Plaintiff shall file nothing further in this action. Failure to comply with this order may

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result in the imposition of monetary sanctions.

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Dated: April 3, 2017

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