Opinion

MICHAEL WITKIN v. PITTSLEY

Court
District Court, E.D. California
Filed
Oct 31, 2025
Cited by
0 cases
Authority
More cited than 37.6%

The opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WITKIN, No. 2:22-cv-1211 WBS CSK P

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Plaintiff,

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v. ORDER RE: PLAINTIFF’S MOTION

15 TO SET ASIDE JUDGMENT

PITTSLEY,

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Defendant.

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19 On October 1, 2025, this court rejected the Magistrate

20 Judge’s Findings and Recommendations and ruled that defendant was

21 entitled to qualified immunity. (See Docket No. 47.) This court

22 correspondingly granted defendant’s motion for summary judgment

23 and denied plaintiff’s motion for summary judgment. (See id.)

24 Plaintiff now moves to amend the judgment under Federal

25 Rule of Civil Procedure 59(e) on the grounds that the court made

26 plain errors of law and fact. (Docket No. 49 at 1-2.)

27 Under Federal Rule of Civil Procedure 59(e), “amending

28 a judgment after its entry [is] an extraordinary remedy which

1 should be used sparingly.” Allstate Ins. Co. v. Herron, 634 F.3d

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1101, 1111 (9th Cir. 2011) (quotation marks omitted). “In

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general, there are four basic grounds upon which a Rule 59(e)

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motion may be granted: (1) if such motion is necessary to correct

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manifest errors of law or fact upon which the judgment rests; (2)

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if such motion is necessary to present newly discovered or

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previously unavailable evidence; (3) if such motion is necessary

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to prevent manifest injustice; or (4) if the amendment is

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justified by an intervening change in controlling law.” Id.

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A Rule 59(e) motion “should not merely present

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arguments previously raised, or which could have been raised in

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the initial summary judgment motion.” United States v. Westlands

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Water Dist., 134 F. Supp. 2d 1111, 1130 (E.D. Cal. 2001) (Wanger,

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J.) (collecting cases). Further, “[m]ere dissatisfaction with

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the court's order, or belief that the court is wrong in its

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decision, are not grounds for relief under Rule 59(e).” Witkin

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v. Wagner, No. 220-cv-00267 WBS CKD, 2022 WL 3371697, at *1 (E.D.

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Cal. Aug. 16, 2022).

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In his motion, plaintiff chiefly argues that the court

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committed “plain error of fact and law” by determining that

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defendant did not deprive plaintiff of constitutionally

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sufficient opportunities to exercise during the sixty-day period

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at-issue. (See Docket No. 49 at 5-10.)

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However, the court expressly declined to address

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whether defendant’s conduct deprived plaintiff of his

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constitutional rights. (See Docket No. 47 at 3.) The court held

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solely that defendant was entitled to qualified immunity because

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ee nn enn en en en I IIE OSE OE OED NE

the “circumstances under which a temporary deprivation of outdoor

exercise for an inmate not subject to continuous and long-term

segregation or otherwise harsh conditions rises to the level of a

[constitutional] violation” were not clearly established. (Id.

° at 7 (citation modified).) Plaintiff has failed to demonstrate

that the court “manifest[ly] err[ed]” - or erred at all - in so

holding. Herron, 634 F.3d at 1111.

8 Plaintiff’s remaining arguments express

° “dissatisfaction with the court's [prior] order,” Wagner, 2022 WL

3371697, at *1, paraphrase “arguments [he] previously raised,” or

proffer arguments “that should have been raised in [his] initial

summary judgment motion,” Westlands Water Dist., 134 F. Supp. 2d

at 1130. These arguments do not warrant the “extraordinary

remedy” of relief under Rule 59(e). Kaufmann v. Kijakazi, 32

F.4th 843, 850 (9th Cir. 2022) (citation modified).

re IT IS THEREFORE ORDERED that plaintiff’s motion to

alter or amend the judgment (Docket No. 49) be, and the same

hereby is, DENIED. . .

19 Dated: October 30, 2025 hi blew A hh hee

20 WILLIAM B. SHUBB

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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