(PC) Nguyen v. Stoller et al

Filing 29

ORDER signed by Senior District Judge William B. Shubb on 8/29/2024 DENYING 23 Motion for Reconsideration. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAI NGUYEN,

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No. 2:23-CV-1157-WBS-DMC-P
Plaintiff,

v.

ORDER

JOHN STOLLER, et al.,
Defendants.

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

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42 U.S.C. § 1983. On July 22, 2024, the Court dismissed this action for failure to state a claim

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upon which relief can be granted and final judgment has been entered. See ECF Nos. 21 and 22.

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Pending before the Court in this closed case is Plaintiff's motion for reconsideration of the Court's

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July 22, 2024, final order. See ECF No. 23.

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The Court may grant reconsideration under Federal Rules of Civil Procedure

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

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brought under Federal Rule of Civil Procedure 59(e). See Backlund v. Barnhart, 778 F.2d

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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). The motion must be filed no

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later than twenty-eight (28) days after entry of the judgment. See Fed. R. Civ. P. 59(e).

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Under Rule 59(e), three grounds may justify reconsideration: (1) an intervening change in
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controlling law; (2) the availability of new evidence; or (3) the need to correct clear error or

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prevent manifest injustice. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp.

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656, 665 (E.D. Cal. 1986), rev'd in part on other grounds, 828 F.2d 514 (9th Cir. 1987), cert.

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denied, 486 U.S. 1015 (1988); see also 389 Orange Street Partners v. Arnold, 179 F.3d 656,

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665 (9th Cir. 1999); accord School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir.

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1993).

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

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order based on clerical mistakes. Relief under this rule can be granted on the Court’s own

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

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docketed, leave of the appellate court is required to correct clerical mistakes while the appeal is

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pending. See id.

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

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

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

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

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See 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

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void; (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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Here, Plaintiff states that his motion for reconsideration is filed pursuant to Rule

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59(e) based on "manifest injustice." ECF No. 23, pg. 1. Without alleging any facts not already

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presented to the Court in Plaintiff's first amended complaint, Plaintiff argues: (1) Defendants

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denied Plaintiff meaningful access to the courts; and (2) Defendants have denied Plaintiff due

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process protections. See id. at 2-3. Having considered Plaintiff's motion, the Court finds that

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relief under Rule 59(e) is not warranted.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for

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reconsideration, ECF No. 23, is DENIED.

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Dated: August 29, 2024

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