Arellano v. Blahnik

Filing 131

ORDER Denying Motion for Reconsideration [Doc. No. 128 ]. Signed by Judge Cathy Ann Bencivengo on 11/7/2019. (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-MSB
Plaintiff,

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v.

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ORDER DENYING MOTION FOR
RECONSIDERATION [Doc. No. 128]

BLAHNIK,
Defendant.

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On September 27, 2019, this Court issued an Order Denying Rule 60(b) Motion.

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[Doc. No. 121.] On October 29, 2019, Plaintiff filed a motion for reconsideration of that

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order. [Doc. No. 128.]

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A. Motion for reconsideration.

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Although the FRCP do not expressly authorize a motion for reconsideration, “(a)

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district court has the inherent power to reconsider and modify its interlocutory orders

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prior to the entry of judgment …” Posthearing Procedures, Cal. Prac. Guide Fed. Civ.

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Pro. Before Trial, Ch. 12-E, §12:158, quoting Smith v. Massachusetts, 543 US 462, 475

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(2005).

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However, reconsideration is an “extraordinary remedy, to be used sparingly.” Absent

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highly unusual circumstances, a motion for reconsideration will not be granted “unless

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the district court is presented with newly discovered evidence, committed clear error, or
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if there is an intervening change in the controlling law.” Kona Enterprises, Inc. v. Estate

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of Bishop, 229 F3d 877, 890 (9th Cir. 2000)(internal quotes omitted).

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B. Discussion.
Here, Plaintiff has not presented any newly discovered evidence, nor has he shown

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clear error or an intervening change in the controlling law. Rather, Plaintiff again seeks

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clarification of what damages he may seek for his access-to-court claim. Specifically,

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Plaintiff wants to know why he cannot be granted the relief he would have been granted

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had it not been for the interference of the official – “such relief is the release from

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prison.” [Doc. No. 128 at 2, ll. 27-28.] However, even if Plaintiff were to prevail on his

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access-to-court claim, there is no way that this Court in this action can provide him with

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the relief of being released from prison.

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Challenges to the fact or duration of confinement are brought by petition for a writ

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of habeas corpus, pursuant to 28 U.S.C. § 2254; challenges to conditions of confinement

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are brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983. See Preiser v. Rodriguez,

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411 U.S. 475, 488-500 (1973). When a state prisoner is challenging the very fact or

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duration of his physical imprisonment, and the relief he seeks is a determination that he is

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entitled to immediate release or a speedier release from that imprisonment, his sole

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federal remedy is a writ of habeas corpus. Id. at 500 (emphasis added). On the other

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hand, a § 1983 action is a proper remedy for a state prisoner who is making a

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constitutional challenge to the conditions of his prison life, but not to the fact or length of

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his custody. Id. at 499. If Plaintiff wants the “relief of being released from prison,” then

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he must file a habeas petition pursuant to § 2254.

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This Court understands Plaintiff’s frustration. This is exactly the “Catch-22”

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situation discussed in this Court’s order of August 17, 2017. [See Doc. No. 16 at 4, ll. 3-

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7.] However, the law is clear that if Plaintiff seeks the “relief of being released from

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prison,” the only mechanism by which to do that is to file a habeas petition under §2254.

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Preiser, 411 U.S. at 488-500.

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C. Conclusion
For the reasons set forth above, the motion for reconsideration is DENIED.

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Moreover, this Court will not entertain any further motions for clarification or

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reconsideration of this issue. Plaintiff is free to appeal this Court’s rulings to the

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appropriate court of appeals at the appropriate time. In the meantime, this case shall

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proceed forward expeditiously to dispositive motions and/or trial.

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IT IS SO ORDERED.
Dated: November 7, 2019

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