Edwards v. Mesa Municipal Court et al

Filing 19

ORDER: Plaintiff's motion for reconsideration (Doc. 18 ) is denied. Plaintiff's motion for management conference (Doc. 17 ) is denied as moot. Plaintiff shall not file motions or other documents in this dismissed action. Signed by Judge David G Campbell on 5/19/2015.(REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Corey Darnell Edwards,
Plaintiff,

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ORDER

v.

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No. CV-14-01676-PHX-DGC

Mesa Municipal Court, et al.,

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Defendants.

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This case was dismissed without prejudice on January 28, 2015, due to Plaintiff’s

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repeated failures to comply with Court rules and orders. Doc. 15. Plaintiff has now filed

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a motion for “appeal” which the Court will construe as a motion for reconsideration.

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Doc. 18. Plaintiff has also filed a motion for management conference. Doc. 17. The

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Court will deny both motions.

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I.

Background.

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Plaintiff filed a pro se complaint on June 12, 2014, in Maricopa County Superior

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Court against Mesa Municipal Court, Chandler Police, Mesa Police, Maricopa County

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Sheriff’s Department (“MCSO”), and Sheriff Joseph Arpaio. Doc. 1-1 at 5.

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On July 31, 2014, Defendants Mesa Municipal Court and the Mesa Police

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Department (“Mesa Defendants”) filed a motion for a more definite statement. Doc. 4.

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On August 1, 2014, Defendant MCSO filed a motion to dismiss. Doc. 5. Plaintiff failed

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to respond to the motions within the time limit set by the rules of procedure. See LRCiv

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7.2(c); Fed. R. Civ. P. 6(d).

The Court issued an order giving Plaintiff until

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September 29, 2014 to file responses. Doc. 6. The Court warned Plaintiff that failure to

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comply with the order would result in the Court summarily granting the motions.

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Plaintiff filed a response to the Mesa Defendants’ motion for more definite statement

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(Doc. 7), but did not respond to MCSO’s motion to dismiss. Plaintiff did file two

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“motions for judgment.” Docs. 9, 10.

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The Court entered an order on November 18, 2014, granting the Mesa Defendants’

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motion for a more definite statement, granting MCSO’s motion to dismiss, denying

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Plaintiff’s motions for judgment, and ordering Plaintiff to file an amended complaint by

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December 22, 2014. Doc. 12. Plaintiff was warned “that if he fails to file an amended

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complaint by December 22, 2014, the case will be dismissed.” Id. at 6. Plaintiff was also

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given guidance regarding the content of his amended complaint. Id. at 4-6.

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Plaintiff failed to comply with the Court’s order. More than six weeks passed

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after the Court’s deadline, and no amended complaint was filed. Plaintiff filed another

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motion, apparently directed to MCSO, “for more Details.” Doc. 14.
Applying the five factors set forth in Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

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1995), the Court concluded that dismissal without prejudice was the appropriate result.

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Among other things, the Court noted that it “cannot be in the business of repeatedly

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having to prompt a litigant to follow court orders or the local rules.” Doc. 15 at 2.

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II.

Motion for Reconsideration.

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Motions for reconsideration are disfavored and should be granted only in rare

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circumstances. See Ross v. Arpaio, No. CV 05-4177-PHX-MHM (ECV), 2008 WL

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1776502, at *2 (D. Ariz. Apr.15, 2008). A motion for reconsideration will be denied

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“absent a showing of manifest error or a showing of new facts or legal authority that

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could not have been brought to [the Court’s] attention earlier with reasonable diligence.”

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LRCiv 7.2(g)(1). Mere disagreement with an order is an insufficient basis for

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reconsideration. See Ross, 2008 WL 1776502, at *2. Nor should reconsideration be used

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to make new arguments or to ask the Court to rethink its analysis. Id.

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Plaintiff’s motion does not identify any basis for reconsideration of the Court’s

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previous order. He recounts some of the events leading to his complaint in this case,

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asserts that an amended complaint is not needed, and makes other assertions not relevant

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to reconsideration. Doc. 18. Plaintiff’s motion will be denied.

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Because this case has been dismissed, Plaintiff is directed not to make further
filings in this action.

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IT IS ORDERED:

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1.

Plaintiff’s motion for reconsideration (Doc. 18) is denied.

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2.

Plaintiff’s motion for management conference (Doc. 17) is denied as moot.

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3.

Plaintiff shall not file motions or other documents in this dismissed action.

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Dated this 19th day of May, 2015.

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