Opinion

Brown v. Holbrook

Court
District Court, W.D. Washington
Filed
Jul 13, 2021
Cited by
0 cases
Authority
More cited than 32.4%

The opinion

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4 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

5 AT SEATTLE

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RONALD RICHARD BROWN,

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NO. 2:20-cv-01753-RSM

Petitioner,

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ORDER DENYING PETITIONER’S

vs. MOTION TO ALTER OR AMEND

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JUDGMENT

DONALD HOLBROOK,

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Respondent.

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This matter comes before the Court on Petitioner Ronald Richard Brown’s Motion to

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Alter or Amend. Dkt. #19. Mr. Brown moves the Court pursuant to Rule 59(e) to alter or

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amend the Court’s prior judgment dismissing this case “to correct manifest errors of law and

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16 fact and to correct a gross miscarriage of justice.” Id. at 1. The Court adopted the Report and

17 Recommendation of Magistrate Judge Tsuchida recommending dismissal due to the

18 untimeliness of Petitioner’s §2254 petition. Dkts. #11 and #15. Petitioner now argues, as he

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did in his Objections to the Report and Recommendation, that his counsel had an extra day to

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file this petition due to 2020 being a leap year. See Dkt. #19 at 3–4. He discusses the

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“extraordinary circumstance” of the COVID-19 pandemic, as was discussed in his Objections.

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Id. at 4–5. He argues that his attorney’s negligence in filing late constitutes extraordinary

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24 circumstances warranting the requested relief. Id. at 7–10. This too was discussed previously.

25 A district court has considerable discretion when considering a motion to alter or amend a

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judgment under Rule 59(e). Turner v. Burlington N. Santa Fe R. Co., 338 F.3d 1058, 1063 (9th

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2 Cir. 2003). A motion for relief from judgment under Rule 59(e) should be granted when the

3 Court: “(1) is presented with newly discovered evidence; (2) committed clear error or the initial

4 decision was manifestly unjust; or (3) if there is an intervening change in the controlling law.”

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In re Syncor ERISA Litigation, 516 F.3d 1095, 1100 (9th Cir. 2008) (citation omitted). Vacating

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a prior judgment under Rule 59(e) is an “extraordinary remedy, to be used sparingly in the

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interests of finality and conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d 934,

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945 (9th Cir. 2003).

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10 Mr. Brown does not offer newly discovered evidence or argue that there has been an

11 intervening change in controlling law. Instead, he argues manifest error. Mr. Brown

12 essentially repeats the same arguments, albeit with greater detail and new legal citation. The

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Court has reviewed the prior rulings in this case and finds no clear error. Although the Court

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prefers to rule on the merits of cases rather than procedure, the outcome here is not manifestly

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unjust given the reasons set forth by Judge Tsuchida. See Dkt. #11 at 5–6 (discussing equitable

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tolling), at 7 (discussing attorney abandonment cases), and at 8 (discussing “actual innocence”

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18 exception). Accordingly, relief under Rule 59(e) is not warranted.

19 Having reviewed the relevant briefing and the remainder of the record, the Court hereby

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finds and ORDERS that Petitioner Brown’s Motion to Alter or Amend, Dkt. #19, is DENIED.

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DATED this 13th day of July, 2021.

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A

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24 RICARDO S. MARTINEZ

CHIEF UNITED 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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