(PC) Pollard v. Anderson Police Dept ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Kenneth Buford Pollard, III, No. 2:09-cv-1955-KJM-DMC-P 12 Plaintiff, ORDER 13 v. 14 Anderson Police Dept., et al., 1S Defendants. 16 17 Mr. Pollard filed a complaint in this court July 16, 2009. On March 1, 2021, he moved to 18 | reopen this case, which the Clerk’s Office closed after the court warned plaintiff that failure to 19 | file an amended complaint may result in dismissal of his case for lack of prosecution and failure 20 | to comply with court rules and orders. See Order (Aug. 13, 2010), ECF No. 67; E.D. Cal. L.R. 21 | 110. The motion is denied. 22 A motion to reopen a § 1983 case that has been closed by way of dispositive motion is 23 | effectively a motion based on Rule 60(b)(6) asking the court to grant relief from a final judgment. 24 | See Lal v. California, 610 F.3d 518, 524 (9th Cir. 2010). This relief will be denied unless a party 25 | demonstrates “extraordinary circumstances which prevented or rendered him unable to prosecute 26 | [his case].” /d. at 524 (brackets in original). 27 Here, Mr. Pollard does not present any extraordinary circumstances, nor does he make any 28 | attempt to show extreme and unexpected hardship would result if his motion is not granted. 1 | Instead he simply requests to reopen his case, which was dismissed nearly eleven years ago for 2 | failure to state a claim and timely amend his complaint, without providing reasons why the court 3 | should grant his motion. In effect Mr. Pollard seeks to circumvent the statute of limitations for 4 | his § 1983 claims, which have been barred for well over a decade. See Usher v. City of Los 5 | Angeles, 828 F.2d 556, 561 (9th Cir. 1987) (statute of limitations for a § 1983 claim is that of a 6 | personal injury claim in the state in which it arises). 7 The motion to reopen this case 1s denied. 8 This order resolves ECF No. 73. 9 IT IS SO ORDERED. 10 | DATED: April 26, 2021. 1] CHIEF ED STATES DISTRICT JUDGE 45