Chapa v. Brewer et al

Filing 14

ORDER that Plaintiff's October 14, 2011 9 Motion for Reconsideration is denied. The Clerk of Court must forward a copy of this order to the Ninth Circuit Court of Appeals. Signed by Judge David G Campbell on 11/22/11.(DMT)

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1 2 KM WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ralph John Chapa, Plaintiff, 10 11 vs. 12 Jan Brewer, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-1729-PHX-DGC (LOA) ORDER 15 16 Plaintiff Ralph John Chapa, who is confined in Maricopa County Fourth Avenue Jail, 17 filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to 18 Proceed In Forma Pauperis. On October 5, 2011, the Court dismissed the Complaint and 19 this action under the three strikes provision of 28 U.S.C. § 1915(g). The Court determined 20 that Plaintiff’s claims that his mental illness was exacerbated by lack of treatment in the 21 Maricopa County Jail and by the Arizona State Hospital’s delay in accepting Plaintiff for 22 treatment did not demonstrate that Plaintiff was in imminent danger of serious physical 23 injury. 24 On October 14, 2011, Plaintiff filed a Motion for Reconsideration (Doc. 9). On 25 October 20, 2011, Plaintiff filed a Notice of Appeal (Doc. 13). Plaintiff argues that he has 26 experienced increased thoughts of suicide in the Maricopa County Jail and is therefore in 27 imminent danger of suffering serious injury. 28 “Motions to reconsider are appropriate only in rare circumstances.” Defenders of 1 Wildlife v. Browner, 909 F. Supp. 1342, 1351 (D. Ariz. 1995). “The purpose of a motion 2 for reconsideration is to correct manifest errors of law or fact or to present newly discovered 3 evidence.” Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985). Such motions 4 should not be used for the purpose of asking a court “‘to rethink what the court had already 5 thought through – rightly or wrongly.’” Defenders of Wildlife, 909 F. Supp. at 1351 6 (quoting Above the Belt, Inc. v. Mel Bohannan Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 7 1983)). 8 The Court has reviewed the Complaint, the October 5th Order of dismissal, and 9 Plaintiff’s Motion for Reconsideration. The Court finds no basis to reconsider its decision. 10 See Pauline v. Mishner, 2009 WL 1505672, *2 (D. Hawaii 2009) (Plaintiff’s allegation that 11 he would harm himself or others if not provided with specific mental health treatment at a 12 specific facility was not sufficient to find that Plaintiff was in imminent danger of serious 13 physical injury); Taylor v. Walker, 2007 WL 4365718, *2 (S.D. Ill. 2007) (a prisoner cannot 14 create the imminent danger so as to escape the three strikes provision of the PLRA). The 15 Court will therefore deny Plaintiff’s Motion for Reconsideration. 16 IT IS ORDERED that Plaintiff’s October 14, 2011 Motion for Reconsideration 17 (Doc. 9) is denied. The Clerk of Court must forward a copy of this order to the Ninth Circuit 18 Court of Appeals. 19 DATED this 22nd day of November, 2011. 20 21 22 23 24 25 26 27 28 -2-

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