Hegge et al v. Inslee et al

Filing 6

ORDER DENYING 4 MOTION. Copy of this order is provided to Plaintiff Hegge at Stafford Creek CC only and appeal of this decision would not be taken in good faith. Signed by Senior Judge Rosanna Malouf Peterson. (REM, Case Administrator)**3 PAGES, PRINT ALL**(Alvin Hegge, Prisoner ID: 952368)

Case 2:20-cv-00425-RMP

ECF No. 6

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filed 01/17/23

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 17, 2023

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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ALVIN L. HEGGE, et al.,
Plaintiffs,

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v.

NO: 2:20-CV-00425-RMP
ORDER DENYING MOTION

JAY INSLEE, et al.,
Defendants.

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By Order filed November 20, 2020, the Court directed the District Court

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Clerk to transfer Mr. Alvin L. Hegge’s pro se civil rights action to the Western

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District of Washington as all claims arose at the Stafford Creek Corrections Center,

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located in the Western District of Washington. ECF No. 3. The case in this

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District was closed at that time. Id. More than two years later, Plaintiff has filed a

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document titled, “Motion to Vacate Judgment Under Fed. R. Civ. Proc. 60(b) and

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Motion to Adjudicate Attached Civil Rights Complaint” and attachments

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consisting of 394 pages. ECF No. 4.

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Federal Rule of Civil Procedure 60(b) permits litigants to request
ORDER DENYING MOTION -- 1

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reconsideration of a final judgment, order, or proceeding entered against them.

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Rule 60(b) enumerates the following reasons for relief:

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(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly
discovered evidence that, with reasonable diligence could not have
been discovered in time to move for a new trial under Rule 59(b); (3)
fraud ..., misrepresentation, or misconduct by an opposing party; (4)
the judgment is void; (5) the judgment has been satisfied, released, or
discharged; the judgment has been reversed or vacated; or applying it
prospectively is no longer equitable; or (6) any other reason justifying
relief from the operation of judgment.
Fed. R. Civ. P. 60(b). Motions under Rule 60(b) “must be made within a
reasonable time—and for reasons (1), (2), and (3) no more than a year after the
entry of the judgment or order or the date of the proceeding.” Fed. R. Civ. P.
60(c)(1).
Plaintiff’s motion is untimely under Rule 60(b)(1) through (3). This action
was transferred to the Western District on November 20, 2020. Plaintiff did not
timely move for reconsideration of that Order. Even if he had, the Court would
have denied such motion because all the claims arose at the Stafford Creek
Corrections Center in the Western District of Washington.
Rule 60(b)(6) is “a catchall rule for granting relief from final judgments
where justice so requires.” United States for the Use & Benefit of Familian Nw.,
Inc. v. RG & B Contractors, Inc., 21 F.3d 952, 956 (9th Cir. 1994). Under Rule
60(b)(6), a movant “must show ‘extraordinary circumstances’ justifying the
reopening of a final judgment.’” Jones v. Ryan, 733 F.3d 825, 833 (9th Cir. 2013)
(quoting Gonzalez v. Crosby, 545 U.S. 524, 535 (2005)). A Rule 60(b) motion is
ORDER DENYING MOTION -- 2

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not an avenue to relitigate the same issues and arguments upon which the Court

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already has ruled. See Maraziti v. Thorp, 52 F.3d 252, 255 (9th Cir. 1995).

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Here, Plaintiff has not shown that a mistake, inadvertence, surprise, or

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excusable neglect has occurred, has not shown that Defendants engaged in fraud,

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misrepresentation, or misconduct, and has not convinced the Court that it erred in

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determining that venue was not proper in this judicial district. Therefore,

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Plaintiff’s “Motion to Vacate Judgment Under Fed. R. Civ. Proc. 60(b) and Motion

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to Adjudicate Attached Civil Rights Complaint,” ECF No. 4, is DENIED.
IT IS SO ORDERED. The District Court Clerk is directed to enter this

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Order and provide a copy only to Plaintiff Hegge 1 at the Stafford Creek

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Corrections Center. The file shall remain CLOSED. The Court certifies that any

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appeal of this decision would not be taken in good faith.
DATED January 17, 2023.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Senior United States District Judge

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The Court takes judicial notice of the fact that after this action was transferred to

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the Western District of Washington, all Plaintiffs except Mr. Hegge were

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dismissed from the action. See Hegge, et al., v. Inslee, et al., No. 3:20-cv-06170-

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BJR, ECF No. 27 (W.D. Wash Feb. 7, 2022).
ORDER DENYING MOTION -- 3