Acedo v. Superior Court of the State of California et al

Filing 16

ORDER denying 15 Motion for Reconsideration (FRCP 60) re 3 Order on Motion for Leave to Proceed In Forma Pauperis. Signed by Judge Cynthia Bashant on 4/10/2017. (All non-registered users served via U.S. Mail Service) (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DANIEL ACEDO,
Plaintiff,

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Case No. 15-cv-2969-BAS(JMA)
ORDER DENYING PLAINTIFF’S
MOTION FOR
RECONSIDERATION

v.

[ECF No. 15]

SUPERIOR COURT OF THE
STATE OF CALIFORNIA, et al.,
Defendants.

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On March 30, 2016, the Court granted Plaintiff’s request to proceed in forma

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pauperis and dismissed this action sua sponte pursuant to 28 U.S.C. §§ 1915(e)(2)(B)

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and 1915A for failure to state a claim on which relief may be granted. (ECF No. 3.)

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Judgment was entered accordingly the same day. (ECF No. 4.) After pursuing an

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appeal that was ultimately dismissed by the Ninth Circuit (ECF No. 13), Plaintiff

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now moves for reconsideration of the March 30, 2016 Order under Federal Rule of

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Civil Procedure 60(b).

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Once judgment has been entered, reconsideration may be sought by filing a

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motion under either Federal Rule of Civil Procedure 59(e) (motion to alter or amend
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a judgment) or Federal Rule of Civil Procedure 60(b) (motion for relief from

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judgment). See Hinton v. Pac. Enter., 5 F.3d 391, 395 (9th Cir. 1993).

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Rule 60(b) provides for extraordinary relief and may be invoked only upon a

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showing of exceptional circumstances. Engleson v. Burlington N.R. Co., 972 F.2d

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1038, 1044 (9th Cir.1994) (citing Ben Sager Chem. Int’l v. E. Targosz & Co., 560

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F.2d 805, 809 (7th Cir. 1977)). Under Rule 60(b), the court may grant reconsideration

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

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discovered evidence which by due diligence could not have been discovered before

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the court’s decision; (3) fraud by the adverse party; (4) the judgment is void; (5) the

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judgment has been satisfied; or (6) any other reason justifying relief. Fed. R. Civ. P.

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60(b). That last prong is “used sparingly as an equitable remedy to prevent manifest

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injustice and is to be utilized only where extraordinary circumstances prevented a

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party from taking timely action to prevent or correct an erroneous judgment.” Delay

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v. Gordon, 475 F.3d 1039, 1044 (9th Cir. 2007).

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Plaintiff summarizes the bases for the relief sought as follows: (1) “This court

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should use the soverign [sic] power to recall its decision to dismiss. This soverign

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[sic] power is warranted as the court did not provide notice as to wether [sic] this

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court dismiss[es] the complaint or the action and it appears that the court dismissed

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the complaint” (Pl.’s Mot. 2:21-3:1 (citations omitted)); and (2) “This court did not

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specifically provide that it ‘dismissed the action’ and the judgement [sic] does not

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provide that this court ‘dismissed the action’ therefore Plaintiff has a right to amend

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or should be given the right to amend” (Pl.’s Mot. 3:3-11 (citation omitted)). Both

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arguments lack merit.

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The March 30, 2016 Order unequivocally states that the Court dismissed this

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action pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Furthermore, despite

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Plaintiff’s interpretation, entry of judgment indicates a “court’s final determination

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of the rights and obligations of the parties in a case.” See Judgment, Black’s Law

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Dictionary (10th ed. 2014). In other words, the judgment entered in this case signifies
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that this action has come to an end, in this case, in favor of Defendants. There is no

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ambiguity in either the March 30, 2016 Order or the judgment suggesting otherwise.

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Plaintiff was served and given notice of the reasons for dismissal, and judgment was

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entered accordingly.

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Because Plaintiff fails to demonstrate entitlement to reconsideration, the Court
DENIES the motion in its entirety. (ECF No. 15.)
IT IS SO ORDERED.

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DATED: April 10, 2017

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