Lopez v. Martin

Filing 13

ORDER Denying Construed 10 Motion for Reconsideration. Signed by Judge Rosanna Malouf Peterson. (SK, Case Administrator)**3 PAGES, PRINT ALL**(Valiente Lopez, Prisoner ID: 842706) Modified on 7/12/2017 - The Court certifies that any appeal of this decision would not be taken in good faith (SK, Case Administrator).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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VALIENTE LOPEZ,
NO: 4:17-CV-5015-RMP
Plaintiff,

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ORDER DENYING CONSTRUED
MOTION FOR RECONSIDERATION

v.
LAWRENCE MARTIN,
Defendant.

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By Order filed June 9, 2017, the Court dismissed Plaintiff’s complaint and

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entered judgment. ECF Nos. 8 and 9. Mr. Lopez had failed to comply with 28

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U.S.C. § 1915(a)(2) by providing a statement of his inmate account (or institutional

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equivalent) for the six months immediately preceding the submission of his

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complaint on February 16, 2017, and he did not pay the full filing fee to commence

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this action as required by 28 U.S.C. § 1914.

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By letter received on June 30, 2017, Plaintiff asks the Court to reconsider the

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dismissal order, re-open his case and allow him to proceed. The Court liberally

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construes this pro se letter as a Motion for Reconsideration, ECF No. 10. See
ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION -- 1

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Haines v. Kerner, 404 U.S. 519, 520 (endorsing liberal construction of pro se

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pleadings). The motion was considered without oral argument in the context of the

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full docket and the relevant law.

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A motion for reconsideration may be reviewed under either Federal Rule of

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Civil Procedure 59(e) (motion to alter or amend a judgment) or Rule 60(b) (relief

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from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.

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1993). “A district court may properly reconsider its decision if it ‘(1) is presented

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with newly discovered evidence, (2) committed clear error or the initial decision

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

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Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quoting School

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Dist. No. 1J, 5 F.3d at 1263). “There may also be other, highly unusual,

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circumstances warranting reconsideration.” School Dist. No. 1J, 5 F.3d at 1263.

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On April 11, 2017, and June 9, 2017, documents were sent electronically to

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Plaintiff at the Coyote Ridge Corrections Center. By letter received on June 30,

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2017, Plaintiff advises the Court that he had been transferred to the Monroe

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Correctional Complex shortly after he submitted his complaint in February 2017.

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Plaintiff clearly and repeatedly was instructed that it was his responsibility to

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keep the Court apprised of his current address. There is no record of Plaintiff

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having notified the Court of his transfer to the Monroe Correctional Complex prior

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to June 30, 2017. Therefore, Plaintiff alone is responsible for not receiving the

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ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION -- 2

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Order to Comply with Filing Fee Requirements issued on April 11, 2017, ECF No.

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7.

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The Court finds no basis to reconsider the Order entered June 9, 2017, and to

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re-open this case. The dismissal of this action was without prejudice. If Plaintiff

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wishes to file a new and separate action in which he promptly complies with the

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filing fee requirements, he is free to do so. This action shall remain CLOSED.

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IT IS ORDERED the construed Motion for Reconsideration, ECF No. 10, is

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DENIED. IT IS FURTHER ORDERED that the superfluous application to

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proceed in forma pauperis, ECF No. 11, is STRICKEN.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

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and forward copies to Plaintiff at his last known address. The Court certifies that

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any appeal of this decision would not be taken in good faith.

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DATED July 12, 2017.

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

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ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION -- 3