Wilson v. California Medical Facility et al

Filing 34

ORDER signed by Senior Judge Morrison C. England, Jr. on 2/4/2020 DENYING 25 Motion for Reconsideration. (York, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID W. WILSON,

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Plaintiff,

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No. 2:16-CV-1547-MCE-DMC-P

v.

ORDER

MICHAEL C. SMITH, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s motion for reconsideration (ECF No. 25) of

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the court’s August 19, 2019, order (ECF No. 24) adopting the Magistrate Judge’s July 1, 2019,

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findings and recommendations (ECF No. 19).
The court may grant reconsideration of a final judgment under Federal Rules of Civil

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Procedure 59(e) and 60. Generally, a motion for reconsideration of a final judgment is

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appropriately brought under Federal Rule of Civil Procedure 59(e). See Backlund v. Barnhart,

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778 F.2d 1386, 1388 (9th Cir. 1985) (discussing reconsideration of summary judgment); see also

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Schroeder v. McDonald, 55 F.3d 454, 458-59 (9th Cir. 1995).

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Under Rule 60(a), the court may grant reconsideration of final judgments and any order

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based on clerical mistakes. Relief under this rule can be granted on the court’s own motion and

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at any time. See Fed. R. Civ. P. 60(a). However, once an appeal has been filed and docketed,

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leave of the appellate court is required to correct clerical mistakes while the appeal is pending.

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See id.

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Under Rule 60(b), the court may grant reconsideration of a final judgment and any order

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based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered

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evidence which, with reasonable diligence, could not have been discovered within ten days of

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entry of judgment; and (3) fraud, misrepresentation, or misconduct of an opposing party. See

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Fed. R. Civ. P. 60(b)(1)-(3). A motion for reconsideration on any of these grounds must be

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brought within one year of entry of judgment or the order being challenged. See Fed. R. Civ. P.

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60(c)(1). Under Rule 60(b), the court may also grant reconsideration if: (1) the judgment is void;

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(2) the judgement has been satisfied, released, or discharged, an earlier judgment has been

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reversed or vacated, or applying the judgment prospectively is no longer equitable; and (3) any

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other reason that justifies relief. See Fed. R. Civ. P. 60(b)(4)-(6). A motion for reconsideration

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on any of these grounds must be brought “within a reasonable time.” Fed. R. Civ. P. 60(c)(1).

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In this case, the court’s August 19, 2019, order dismissed the California Medical Facility

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and the California Department of Corrections and Rehabilitation as defendants to this action

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based on their immunity from suit under the Eleventh Amendment. Plaintiff has not

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demonstrated why reconsideration of this order should be granted under any of the rules

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discussed above.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration

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(ECF No. 25) is denied.

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Dated: February 4, 2020

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