Opinion

(PC) Johnson v. Warden

Court
District Court, E.D. California
Filed
Aug 22, 2024
Cited by
0 cases
Authority
More cited than 31.2%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 | Brandon R. Johnson, No. 2:23-cv-0908 KJM JDP (PC)

12 Plaintiff, ORDER

13 v.

Warden, et al.,

1S Defendants.

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17 Plaintiff Brandon Johnson, a state prisoner proceeding pro se, filed a response to this

18 | court’s order adopting in part the magistrate judge’s findings and recommendations. See Resp.,

19 | ECF No. 35; Prior Order (May 23, 2024), ECF No. 34. The court construes this response as a

20 | motion for reconsideration.

21 Generally, reconsideration is appropriate if there has been an intervening change in

22 | controlling law, new evidence has become available, or it is necessary to correct clear error or

23 | prevent manifest injustice. Cachil Dehe Band of Wintun Indians of Colusa Indian Cmty. v.

24 | California, 649 F. Supp. 2d 1063, 1069 (E.D. Cal. 2009) (citing Sch. Dist. No. 1J Multnomah

25 | County, Oregon v. ACandsS, Inc., 5 F.3d 1255, 1263 (9th Cir.1993)). Here, plaintiff does not

26 | argue there has been a change in controlling law or present any newly discovered evidence. See

27 | generally Resp. Nor does plaintiff identify any clear error or other unusual circumstance

28 | justifying reconsideration. See generally id. Instead, plaintiff reasserts the facts of his case and

1 | claims. See generally id. But “[a] party seeking reconsideration must show more than a

2 | disagreement with the [c]ourt’s decision, and recapitulation of that which was already considered

3 | by the [cJourt in rendering its decision.” United States v. Westlands Water Dist., 134 F. Supp. 2d

4 | 1111, 1131 (E.D. Cal. 2001) (citations and quotations omitted). Furthermore, the court reiterates

5 | that its prior decision referred this matter back to the assigned magistrate judge to consider

6 | whether plaintiff sufficiently stated: (1) a § 1983 claim for ratification of an unconstitutional

7 | action; (2) a state law claim for intentional infliction of emotional distress against defendant

8 | French; and (3) a claim against defendants Luca, Reimche, and Brown for failure to intervene.

9 | See Prior Order (May 23, 2024) at 2. Accordingly, to the extent plaintiff seeks reconsideration,

10 | such a request is denied.

11 This order resolves ECF No. 35.

12 IT IS SO ORDERED.

13 DATED: August 22, 2024.

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15 CHIEF ED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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