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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ralph John Chapa,
Plaintiff,

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vs.

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Jan Brewer, et al.,
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Defendants.
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No. CV 11-1729-PHX-DGC (LOA)
ORDER

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Plaintiff Ralph John Chapa, who is confined in Maricopa County Fourth Avenue Jail,

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filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to

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Proceed In Forma Pauperis. On October 5, 2011, the Court dismissed the Complaint and

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this action under the three strikes provision of 28 U.S.C. § 1915(g). The Court determined

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that Plaintiff’s claims that his mental illness was exacerbated by lack of treatment in the

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Maricopa County Jail and by the Arizona State Hospital’s delay in accepting Plaintiff for

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treatment did not demonstrate that Plaintiff was in imminent danger of serious physical

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injury.

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On October 14, 2011, Plaintiff filed a Motion for Reconsideration (Doc. 9). On

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October 20, 2011, Plaintiff filed a Notice of Appeal (Doc. 13). Plaintiff argues that he has

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experienced increased thoughts of suicide in the Maricopa County Jail and is therefore in

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imminent danger of suffering serious injury.

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“Motions to reconsider are appropriate only in rare circumstances.” Defenders of

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Wildlife v. Browner, 909 F. Supp. 1342, 1351 (D. Ariz. 1995). “The purpose of a motion

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for reconsideration is to correct manifest errors of law or fact or to present newly discovered

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evidence.” Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985). Such motions

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should not be used for the purpose of asking a court “‘to rethink what the court had already

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thought through – rightly or wrongly.’” Defenders of Wildlife, 909 F. Supp. at 1351

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(quoting Above the Belt, Inc. v. Mel Bohannan Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va.

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1983)).

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The Court has reviewed the Complaint, the October 5th Order of dismissal, and

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Plaintiff’s Motion for Reconsideration. The Court finds no basis to reconsider its decision.

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See Pauline v. Mishner, 2009 WL 1505672, *2 (D. Hawaii 2009) (Plaintiff’s allegation that

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he would harm himself or others if not provided with specific mental health treatment at a

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specific facility was not sufficient to find that Plaintiff was in imminent danger of serious

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physical injury); Taylor v. Walker, 2007 WL 4365718, *2 (S.D. Ill. 2007) (a prisoner cannot

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create the imminent danger so as to escape the three strikes provision of the PLRA). The

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Court will therefore deny Plaintiff’s Motion for Reconsideration.

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IT IS ORDERED that Plaintiff’s October 14, 2011 Motion for Reconsideration

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(Doc. 9) is denied. The Clerk of Court must forward a copy of this order to the Ninth Circuit

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Court of Appeals.

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DATED this 22nd day of November, 2011.

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