(HC) Sengchareun v. Thompson

Opinion

Boaphan Sengchareun, No. 2:21-cv-00783-KJM-JDP Plaintiff, ORDER v. Paul Thompson, 1S Defendant. The previously assigned district judge held that this matter was not ripe for review. Prev. Opinion at 3, ECF No. 13. Specifically, he found “[a]lthough Sengchareun avers that he has obtained earned time credits since he entered custody in 2013, a review of the legislation shows that earned time credits have not yet been established.” /d. at 4 (citing 19 U.S.C. § 3621(h)(2)(A)-(B). He also found “[t]he overwhelming majority of courts to have considered similar inmate challenges have come to the conclusion that BOP 1s not yet required to award earned time credits, and thus § 2241 petitions seeking the award of such credits are premature and unripe at this time.” /d. (collecting cases). Sengchareun now moves for reconsideration and consolidation of cases, ECF No. 13. A motion for reconsideration or relief from a judgment is appropriately brought under either Rule 59(e) or Rule 60(b). Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) (citation omitted). The court considers the filing under Rule 59(e). Fed. R. Civ. P. 59(e) (setting

a28-day window to file the motion). Under Rule 59(e), three grounds may justify reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct clear error or prevent manifest injustice. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986), rev ’d in part on other grounds, 828 F.2d 514 (9th Cir. 1987). Similarly, Local Rule 230G)(3)-(4) requires that a movant seeking reconsideration identify “what new or different facts or circumstances” exist, or any other grounds, to justify reconsideration of a court's prior order. E.D. Cal. R. 230(G)(3)H{4). Sengchareun’s filing does not provide any justification for the court to reconsider the prior ruling. Accordingly, the court denies the motion. This order resolves ECF No. 13. 1] IT IS SO ORDERED. DATED: October 21, 2021. CHIEF ED STATES DISTRICT JUDGE