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Maney v. Winges-Yanez

United States District Court, D. Oregon

October 8, 2014

PAUL JULIAN MANEY, Plaintiff,
v.
KRISTIN A. WINGES-YANEZ, et al., Defendants.

Paul Julian Maney, SID No. 4598952, Oregon State Correctional Institution, Plaintiff pro se.

Ellen F. Rosenblum, Attorney General, and Andrew Hallman, Assistant Attorney General, Department of Justice, Of Attorneys for Defendants.

OPINION AND ORDER

MICHAEL H. SIMON, District Judge.

Plaintiff Paul Julian Maney brought a civil action pursuant to 42 U.S.C. ยง 1983, challenging the policies and practices of the Oregon Board of Parole and Post-Prison Supervision ("Board") in conducting "Rehabilitation"[1] hearings to evaluate prisoners' eligibility for parole. Maney participated in Rehabilitation hearings in 2007 and 2010; another hearing originally scheduled for 2013 was deferred pending resolution of this litigation. Maney sought declaratory and injunctive relief.

Maney had filed appeals in state court relating to his 2007 and 2010 hearings. At the time he filed his federal complaint, June 12, 2013, both cases, seeking declaratory and injunctive relief and raising federal constitutional claims, were pending in state court.

On July 30, 2014, this Court found that abstention under the Younger doctrine was appropriate and granted Defendants' motion to dismiss the federal action. Opinion and Order, Dkt. 39. On August 29, 2014, Maney filed a Motion for Relief from Judgment pursuant to Rule 60, which is currently before the court. Dkt. 41. For the reasons set forth below, the Court denies Maney's motion.

STANDARDS

A. The Court's Review of Pro Se Filings

A court must liberally construe the filings of a pro se plaintiff and afford the plaintiff the benefit of any reasonable doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). When dismissing the complaint of a pro se litigant, the litigant "must be given leave to amend his or her complaint unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment.'" Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988) (quoting Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987), superseded on other grounds by statute as stated in Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) ( en banc )).

B. Motion for Reconsideration under Federal Rule of Civil Procedure 60

Federal Rule of Civil Procedure 60(b) governs reconsideration of final orders of the district court. Rule 60(b) allows a district court to relieve a party from a final judgment or order for the following reasons: "(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence...; (3) fraud... by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied... or (6) any other reason that justifies relief." Fed.R.Civ.P. 60(b). A motion under Rule 60(b) must be made within a reasonable time and, in any event, "no more than a year after the entry of the judgment or order or the date of the proceeding." Fed.R.Civ.P. 60(c). The party making the Rule 60(b) motion bears the burden of proof. See Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367, 383 (1992). Reconsideration is "an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources." Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003) (citation and quotation marks omitted). A motion for reconsideration "may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation." Id.

DISCUSSION

Maney moves for relief pursuant to Rules 60(a), (b)(1), and (b)(6). Maney argues that the Court made "significant errors of law and fact" that require reconsideration, to wit, failing to follow the holdings in two cases decided by higher courts, mistakenly stating that both of Maney's state court appeals were still pending, and dismissing the action without leave to amend.

Rule 60(a) allows the court to "correct a clerical mistake or a mistake arising from oversight or omission." In such cases, the remedy is to correct "blunders in execution" and to focus on "what the court originally intended to do. " Tattersalls, Ltd. v. DeHaven, 745 F.3d 1294, 1297 (9th Cir. 2014) (emphasis in original) (quotation marks omitted). This subsection is ...


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