Jiau v. Poole et al

Filing 15

ORDER DENYING RECONSIDERATION OR REIEF FROM JUDGMENT by Judge William Alsup denying 10 Motion for Reconsideration ; denying 11 Motion to Amend/Correct ; (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 3/28/2013)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
No. C 13-0248 WHA (PR)

WINIFRED JIAU,
For the Northern District of California

United States District Court

10

12
ORDER DENYING
RECONSIDERATION OR RELIEF
FROM JUDGMENT

Plaintiff,
13
vs.
14
KAIRE POOLE; RANDY TEWS,
15
Defendant.
16

(Dkt. 10, 11)
/

17
Plaintiff, a federal prisoner incarcerated at the Federal Correctional Institute in Dublin,
18
California, filed this civil rights case in which she complains that she was wrongfully expelled
19
from the residential drug abuse treatment program and that such expulsion adversely affects the
20
duration of her confinement. The complaint was dismissed without prejudice to refiling in a
21
habeas case because her claims implicate the duration of her confinement and success would
22
entitle her to earlier release. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011). Plaintiff has
23
filed motions for reconsideration and relief from judgment under Rule 60(b) of the Federal
24
Rules of Civil Procedure. In her motions she disagrees with the dismissal order and raises
25
arguments that are suitable for appeal, but she presents no grounds for reconsideration or relief
26
from judgment. Motions for reconsideration are not a substitute for appeal or a means of
27
attacking some perceived error of the court. See Twentieth Century - Fox Film Corp. v.
28

1

Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981) . Accordingly, plaintiff’s motions for

2

reconsideration and relief from judgment (dkt. 10, 11) are DENIED.

3

IT IS SO ORDERED.

4
5

Dated: March

28

, 2013.

6

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
G:\PRO-SE\WHA\CR.13\JIAU0248.REC.wpd

19
20
21
22
23
24
25
26
27
28

2