Johnson v. Sanchez
- Jeffrey White
- 4:22-cv-07858
- U.S. District Court · Northern District of California
- 1
In Johnson v. Sanchez, Judge White denied reconsideration because Johnson lacked required permission and identified no valid Rule 60(b) basis.
Paul David Johnson, whose motion for reconsideration was denied.
What happened
In Paul David Johnson v. Sanchez, et al., Johnson asked the court to reconsider an earlier dismissal order.
The court said Johnson had neither obtained nor requested permission to file the reconsideration motion, as required by a local court rule. It also said his disagreement with the court’s earlier analysis and conclusion did not meet any of the grounds for relief under Rule 60(b).
The court denied the motion for reconsideration. Judge Jeffrey S. White said Johnson could raise his disagreement in an appeal, but it was not a basis for reconsideration.
The detailed version
- Johnson v. Sanchez · No. 4:22-cv-07858
- Jeffrey White
- Jan. 17, 2023
Background
Paul David Johnson filed a motion asking the court to reconsider an earlier order of dismissal. The opinion does not provide the full names of the defendants listed as “Sanchez, et al.”
Court’s Reasoning
The court identified two independent reasons for denying the motion. First, Johnson had not obtained or requested permission to file a motion for reconsideration, as required by Northern District of California Local Rule 7-9. Second, the court concluded that Johnson’s challenges to the dismissal order did not satisfy any of the grounds listed in Federal Rule of Civil Procedure 60(b), which permits relief from certain judgments or orders. The court stated that merely disagreeing with its analysis and conclusion was not a basis for reconsideration. It noted that Johnson could raise that disagreement on appeal.
Disposition
The court denied Johnson’s motion for reconsideration. The order was signed by Judge Jeffrey S. White on January 17, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.