Arrant v. Zambrano et al

Filing 10

ORDER Denying 8 Motion for Reconsideration. Signed by Judge Janis L. Sammartino on 10/15/2020. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MELVIN RAY ARRANT
CDCR No. K98602,

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ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiff,

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Case No.: 3:20-cv-01220-JLS-AGS

vs.
(ECF No. 8)

M. ZAMBRANO, HAYES,
DELLINGER, ASFOUR, S. BEYER,

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Defendants.

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On June 29, 2020, Melvin Ray Arrant (“Plaintiff”) filed a civil action pursuant to 42

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U.S.C. § 1983, together with a Motion to Proceed in Forma Pauperis (“IFP”) and a Motion

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for Temporary Restraining Order (“TRO”). ECF Nos. 1–3. On September 9, 2020, the

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Court granted Plaintiff’s IFP, denied his TRO, and dismissed the Complaint pursuant to 28

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U.S.C. § 1915(e)(2) and § 1915A(b). ECF No. 6. Plaintiff was given sixty (60) days to

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file an amended complaint. Id. On September 30, 2020, Plaintiff filed a document entitled

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“Plaintiff’s Objections to Magistrate Judge Finding and Recommendations to Dismiss

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Plaintiff’s Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and

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§ 1915A(b),” which the Court has construed as a Motion for Reconsideration. “Mot. for

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Recons.,” ECF No. 8.
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3:20-cv-01220-JLS-AGS

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“A Rule 59(e) motion may be granted if ‘(1) the district court is presented with newly

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discovered evidence, (2) the district court committed clear error or made an initial decision

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that was manifestly unjust, or (3) there is an intervening change in controlling law.’”

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Ybarra v. McDaniel, 656 F.3d 984, 998 (9th Cir. 2011) (quoting Zimmerman v. City of

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Oakland, 255 F.3d 734, 737 (9th Cir. 2001)). This type of motion seeks “a substantive

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change of mind by the court,” Tripati v. Henman, 845 F.2d 205, 206 n.1 (9th Cir. 1988)

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(quoting Miller v. Transamerican Press, Inc., 709 F.2d 524, 526 (9th Cir. 1983)), and “is

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an extraordinary remedy which should be used sparingly,” McDowell v. Calderon, 197

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F.3d 1253, 1254 n.1 (9th Cir. 1999). Rule 59(e) may not be used to “‘relitigate old matters,

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or to raise arguments or present evidence that could have been raised prior to the entry of

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judgment.’” Stevo Design, Inc. v. SBR Mktg. Ltd., 919 F. Supp. 2d 1112, 1117 (D. Nev.

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2013) (quoting 11 Charles Alan Wright et al., Federal Practice and Procedure § 2810.1 (2d

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ed. 1995)).

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In his Motion, Plaintiff alleges that the Court “committed reversible error and

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imposed arbitrary rulings against Plaintiff which are contrary to well established law.”

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Mot. for Recons. at 1. The arguments and facts he puts forth in support of his Motion,

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however, are simply a repeat of the arguments and facts he put forth in his Complaint. For

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example, in his Motion, Plaintiff again claims that he asked Defendant Zambrano for a bed

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or cell move and that while he was told to wait until the weekend, he observed other

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inmates, who he claims are gay, bisexual, or are informants, have their requests for bed

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moves granted while his request has been ignored. Compl. at 4; Mot. for Recons. at 3–6.

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He claims this was a violation of the Equal Protection Clause. Compl. at 4; Mot. for

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Recons. at 3–6. He also repeats his claims that after he filed a 602 complaining about the

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lack of a cell move, Defendant Zambrano told him “a 602 ain’t shit,” that “legal [beagles]

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ain’t got nothing coming,” that “Plaintiff wasn’t the only one who knew how to write,” and

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that Zambrano retaliated against him by “generat[ing] a falsified RVR [rules violation

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report] against Plaintiff, accusing him of disrespecting staff by calling Zambrano ‘Mark.’”

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Compl. at 4; Mot. for Recons. at 6–8.
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In addition, Plaintiff repeats his claims against Defendant Dellinger, who he alleges

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coughed on his hands, rubbed his nose, and then passed out medication to inmates without

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changing his gloves. Compl. at 5; Mot. for Recons. at 8–10. When Plaintiff asked

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Dellinger to dispense his medication directly from the medication dispenser into a cup,

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Plaintiff claims Dellinger “became upset,” and told Plaintiff “you don’t get special

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treatment.” Compl. at 5; Mot. for Recons. at 8–11. Plaintiff further claims, as he did in

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his Complaint, that Defendant Hayes refused to give him Dellinger’s and Hayes’s names,

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which Plaintiff needed to file a 602, violating his First Amendment rights by impeding his

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access to courts. Compl. at 5; Mot. for Recons. at 8–11. Plaintiff also repeats his

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allegations that Dellinger and Hayes threatened to activate the building alarm “in

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retaliation.” Compl. at 5; Mot. for Recons. at 8–11.

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Finally, Plaintiff repeats his allegations against Defendants Asfour and Beyer. In

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both his Complaint and Motion, Plaintiff alleges that Asfour told Plaintiff that if he filed a

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602 regarding the removal of a gaming system, “the gaming system [would] ‘never’ be put

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back on the list.” Compl. at 6; Mot. for Recons. at 11–12. This, Plaintiff claims, amounted

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to retaliation. Compl. at 6; Mot. for Recons. at 11–12. In addition, Plaintiff alleges in his

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Motion, as he did in his Complaint, that Defendant Beyer, who is Asfour’s supervisor, told

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Plaintiff she could not give him the names of the staff members who recommended the

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removal of the gaming system because they were confidential, violating his “right to

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grieve.” Compl. at 7; Mot. for Recons. at 11–12.

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Plaintiff has not presented any newly discovered evidence. Ybarra, 656 F.3d at 998.

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Nor has he demonstrated that “the district court committed clear error or made an initial

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3:20-cv-01220-JLS-AGS

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decision that was manifestly unjust, or . . . [that] there [was] an intervening change in

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controlling law.” Id. Accordingly, his Motion for Reconsideration is DENIED.

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IT IS SO ORDERED.
Dated: October 15, 2020

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3:20-cv-01220-JLS-AGS