Arellano v. Blahnik

Filing 121

ORDER Denying Rule 60(b) Motion [Doc. No. 119 ]. Signed by Judge Cathy Ann Bencivengo on 9/27/2019. (All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RAUL ARRELLANO,

Case No.: 16cv2412-CAB-DHB
Plaintiff,

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v.

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ORDER DENYING RULE 60(b)
MOTION [Doc. No. 119]

BLAHNIK,
Defendant.

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On September 11, 2019, Plaintiff filed a Motion: Fed.R. 60(b), which is deemed a

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motion for relief from order pursuant to Federal Rule of Civil Procedure 60(b). [Doc.

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No. 119.] For the reasons set forth below, the motion is DENIED.

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A. Legal Standard.

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Rule 60 provides for extraordinary relief and may be invoked only upon a showing

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of “exceptional circumstances.” Engleson v. Burlington N.R. Co., 972 F.2d 1038, 1044

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(9th Cir. 1994). The Rule identifies six permissible grounds for relief from a final

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judgment, order, or proceeding, namely: “(1) mistake, inadvertence, surprise, or excusable

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

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discovered in time to move for a new trial under Rule 59(b); (3) fraud by the adverse party;

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(4) the judgment is void; (5) the judgment has been satisfied; (6) and other reason justifying

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relief.” Fed. R. Civ. P. 60(b). Further, the Rule provides that a motion brought under it
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“must be made within a reasonable time – and for reasons (1), (2), and (3) no more than a

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year after the entry of judgment or order of the date of the proceeding.” Fed. R. Civ. P.

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60(c).

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B. Discussion.

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Here, Plaintiff does not identify which ground for relief he seeks, nor does he state

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a basis for relief under Rule 60(b). Rather, Plaintiff repeats the same argument he has

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made numerous times that he should be allowed to seek damages for wrongful

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incarceration for his access-to-court claim because it is a “backward-looking” claim

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under Christopher v. Harbury, 536 U.S. 403, 413, 414 n.11 (2002). [Doc. No. 119 at 1.]

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The Supreme Court recognizes “two categories” of access-to-courts claims:

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“forward-looking” and “backward-looking.” Christopher v. Harbury, 536 U.S. at 413,

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414 n.11 (2002). “Forward-looking” claims—often brought as prisoner class actions—

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involve “systemic official action” that “frustrates a plaintiff or plaintiff class in preparing

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and filing suits at the present time.” Id. at 413. The goal of forward-looking claims is

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injunctive relief “to place the plaintiff in a position to pursue a separate claim for relief

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once the frustrating condition has been removed.” Id. By contrast, “backward-looking”

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claims cover “specific litigation [that] ended poorly,” or that was never commenced, due

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to official interference. Id. at 413-14. The goal of this species of claim is monetary relief

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for the prior thwarted lawsuit.

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This Court understands that Plaintiff is seeking to bring a “backward-looking”

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claim under Christopher v. Harbury. What Plaintiff apparently refuses to accept is that

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this Court has ruled that the monetary damages he might be awarded for such claim

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cannot include damages for wrongful incarceration, as that would violate Heck v.

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Humphrey, 512 U.S. 477 (1994). However, Plaintiff is free to seek other damages for his

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“backward-looking” claim, as set forth in this Court’s order of August 17, 2017. [See

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Doc. No. 16 at 8.] As this Court has informed Plaintiff numerous times [See Doc. Nos.

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21, 41, 46, 115], if Plaintiff disagrees with the Court’s ruling as to the issue of

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recoverable damages for his “backward-looking claim,” he is free to appeal that ruling to

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the Ninth Circuit Court of Appeals at the appropriate time.

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C. Conclusion.

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For the reasons set forth above, the motion for relief under Federal Rules of Civil

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Procedure 60(b) is DENIED.

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IT IS SO ORDERED.

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Dated: September 27, 2019

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