Free Order on Motion for Reconsideration - District Court of California - California

Case 3:07-cv-02928-JSW

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Filed 05/06/2008

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 16 Plaintiff, currently incarcerated at the Correctional Training Facility in Soledad, 17 California, has filed this civil rights complaint regarding the conditions of his 18 confinement at the prison. The Court ordered the Second Amended Complaint served 19 upon Defendants, and their dispositive motion is presently due on May 9, 2008. 20 Plaintiff has filed a motion for reconsideration of the service order. Where the 21 court's ruling has not resulted in a final judgment or order, reconsideration of the ruling 22 may be sought under Rule 54(b) of the Federal Rules of Civil Procedure, which provides 23 that any order which does not terminate the action is subject to revision at any time 24 before the entry of judgment. See Fed. R. Civ. P. 54(b). "Reconsideration is appropriate 25 if the district court (1) is presented with newly discovered evidence, (2) committed clear 26 error or the initial decision was manifestly unjust, or (3) if there is an intervening change 27 in controlling law." School Dist. No. 11 v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 28 RONALD BRATTON, ) ) ) Plaintiff, ) ) ) ) v. ) BEN CURRY, E. KLEIN, A. JANNAH, ) ) B. HEDRICK, M. RAGHUNATH, L. MACKEY, J. CHURDY, J. ABOYTES, ) ) ) Defendant. ) _________________________________ No. C 07-2928 JSW (PR) ORDER DENYING MOTIONS FOR RECONSIDERATION AND INJUNCTION; GRANTING MOTION TO SUPPLEMENT

Case 3:07-cv-02928-JSW

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1993). Plaintiff has not presented any newly discovered evidence, shown clear error or manifest injustice in the court's order, or an intervening change in the controlling law. Rather, plaintiff simply challenges the court's analysis of his claims, and its application of the pertinent law. Such arguments may be proper on appeal but the are not a grounds for reconsideration under Rule 54(b). Accordingly, the motion for reconsideration (Docket No. 9) is DENIED. Plaintiff's motion for an injunction (Docket No. 14) to block his transfer from one facility to another is DENIED because prisoners have no constitutional right to incarceration in a particular institution. See Olim v. Wakinekona, 461 U.S. 238, 244-48 (1983). A prisoner's liberty interests are sufficiently extinguished by his conviction that the state may generally confine or transfer him to any of its institutions, to prisons in another state or to federal prisons, without offending the Constitution. See Rizzo v. Dawson, 778 F.2d 527, 530 (9th Cir. 1985). Plaintiff has filed a motion to add supplemental exhibits and pleadings to his complaint (Docket No. 16). Good cause appearing, plaintiff's motion is GRANTED; in their dispositive motion, Defendants shall address the supplemental pleadings to the extent the supplemental pleadings may affect the resolution of their motion. This order terminates Docket Nos. 9, 14, & 16. IT IS SO ORDERED. DATED: May 6, 2008 JEFFREY S. WHITE United States District Judge

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Case 3:07-cv-02928-JSW

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RONALD BRATTON,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

Case Number: CV07-02928 JSW CERTIFICATE OF SERVICE

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v.

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BEN CURRY et al,

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Defendant.

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Ronald Bratton P.O. Box 705 J45341 Soledad, CA 93960-0705 Dated: May 6, 2008

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 6, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk