Davis v. CDCR et al

Filing 31

ORDER signed by District Judge Morrison C. England, Jr. on 8/30/2016 DENYING Plaintiff's 30 Motion to Re-Open Case. (Jackson, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONNOR ALBERT DAVIS,

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No. 2:15-cv-1594-MCE-EFB

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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On March 30, 2016 the Court entered judgment in favor of Defendants pursuant

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to its Order adopting the magistrate judge’s Findings and Recommendations and

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dismissing the case with prejudice. ECF Nos. 28, 29. Presently before the Court is

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Plaintiff’s Motion to Re-Open Case (“Motion”). ECF No. 30. The Court construes

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Plaintiff’s Motion as a motion for reconsideration under Federal Rule of Civil Procedure

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60(b) and it is hereby DENIED.

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A motion for reconsideration is properly brought pursuant to either Federal Rule of

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Civil Procedure 59(e) or Rule 60(b). Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989).

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Such a motion is treated as a Rule 59(e) motion if filed within twenty-eight days of entry

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of judgment, but as a Rule 60(b) motion if filed more than twenty-eight days after

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judgment is entered. See Am. Ironworks & Erectors, Inc. v. N. Am. Constr. Corp., 248
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F.3d 892, 898-99 (9th Cir. 2001). A motion may be construed under Rule 59 or Rule 60

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even though it is not labeled as such, or not labeled at all. Taylor, 871 F.2d at 805.

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Since Plaintiff’s Motion was filed more than twenty-eight days from the entry of judgment

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and seeks relief from a final judgment, the Court will treat it as a motion under Rule

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60(b).

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Rule 60(b) provides for reconsideration of a final judgment or any order where

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one of more of the following is shown: (1) mistake, inadvertence, surprise, or excusable

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neglect; (2) newly discovered evidence which, with reasonable diligence, could not have

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been discovered within twenty-eight days of entry of judgment; (3) fraud,

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misrepresentation, or misconduct of an opposing party; (4) voiding of the judgment; (5)

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satisfaction of the judgment; and (6) any other reason justifying relief. Fed. R. Civ. P.

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60(b). A motion for reconsideration on any of these grounds must be brought within a

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reasonable time, and no later than one year, of the entry of the judgment or the order

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being challenged. Id. Additionally, Local Rule 230(j) requires a party filing a motion for

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reconsideration to show the “new or different facts or circumstances claimed to exist

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which did not exist or were not shown upon such prior motion, or what other grounds

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exist for the motion.” E.D. Cal. Local Rule 230(j).

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A court should be loathe to revisit its own decisions unless extraordinary

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circumstances show that its prior decision was clearly erroneous. Christianson v. Colt

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Indus. Operating Corp., 486 U.S. 800, 817 (1988). This principle is embodied in the law

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of the case doctrine, under which “a court is generally precluded from reconsidering an

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issue that has already been decided by the same court, or a higher court in the identical

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case.” United States v. Alexander, 106 F.3d 874, 876 (9th Cir. 1997) (quoting Thomas

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v. Bible, 983 F.2d 152, 154 (9th Cir. 1993)). Mere dissatisfaction with the court's order,

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or belief that the court is wrong in its decision, is not grounds for relief under Rule 60(b).

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Twentieth Century-Fox Film Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981).

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Accordingly, a district court may properly deny a motion for reconsideration that simply

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reiterates an argument already presented by the petitioner. Maraziti v. Thorpe, 52 F.3d
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252, 255 (9th Cir. 1995). The decision to grant or deny a motion for relief from judgment

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pursuant is addressed to the sound discretion of the district court. Turner v. Burlington

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N. Santa Fe R.R., 338 F.3d 1058, 1063 (9th Cir. 2003); Harman v. Harper, 7 F.3d 1455,

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1458 (9th Cir. 1993).

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Here, Plaintiff has failed to meet its burden under Rule 60(b). Specifically,

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Plaintiff’s Motion argues that if he had appointed counsel, he would be able to plead his

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case in a way that would avoid dismissal. Plaintiff’s Motion, however, fails to address

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any of Rule 60(b)’s factors justifying relief from a final judgment. Furthermore, it is not

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apparent that Plaintiff ever requested that counsel be appointed for him before his case

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was dismissed. Accordingly, Plaintiff’s Motion (ECF No. 30) is DENIED.
IT IS SO ORDERED.
Dated: August 30, 2016

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