Shaka v. Ryan et al
Filing
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ORDER denying 13 Motion for Reconsideration. See order for details. Signed by Senior Judge Stephen M McNamee on 7/9/2015.(LMR)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Shaka,
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No. CV 15-0050-PHX-SMM (BSB)
Plaintiff,
v.
ORDER
Charles L. Ryan, et al.,
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Defendants.
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On January 12, 2015, Plaintiff Shaka, who is confined in the Arizona State Prison
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Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and
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an Application to Proceed In Forma Pauperis. In a February 13, 2015 Order, the Court
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denied the deficient Application to Proceed and gave Plaintiff 30 days to pay the
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administrative and filing fees or file a complete Application to Proceed. On March 2,
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2015, Plaintiff filed a certified six-month trust account statement.
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Order, the Court granted the Application to Proceed and dismissed the Complaint for
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failure to state a claim; specifically, the failure to allege facts to link the alleged
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constitutional violation to any named Defendant. The Court gave Plaintiff 30 days to file
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an amended complaint that cured the deficiencies identified in the Order.
In a May 12, 2015
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On May 26, 2015, Plaintiff filed his First Amended Complaint. In a June 22, 2015
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Order, the Court dismissed the First Amended Complaint and this action because Plaintiff
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had failed to state a claim upon which relief could be granted. The Clerk of Court
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entered a Judgment of Dismissal that same day. On July 2, 2015, Plaintiff filed a Motion
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for Reconsideration (Doc. 13). The Court will deny the Motion for Reconsideration.
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I.
Motion for Reconsideration
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In his Motion, Plaintiff seeks reconsideration of the Court’s June 22 Order
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dismissing his First Amended Complaint for failure to state a claim. In his Motion,
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Plaintiff (1) argues that the Court should “give legal weight” to a declaration submitted in
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Parsons v. Ryan, CV12-0601-PHX-DKD (D. Ariz.); (2) expresses his disagreement with
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the Court’s conclusion that he failed to state a claim against any named Defendants; and
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(3) attaches documents to support his assertion that he did state a medical care claim in
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his First Amended Complaint.
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II.
Legal Standard and Analysis
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Because Plaintiff seeks an Order altering or amending the Judgment in this case
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and the Motion was filed within 28 days of the entry of Judgment, the Court will construe
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Plaintiff’s Motion for Reconsideration as having been brought pursuant to Rule 59(e) of
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the Federal Rules of Civil Procedure. “A Rule 59(e) motion should not be granted
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‘unless the district court is presented with newly discovered evidence, committed clear
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error, or if there is an intervening change in the controlling law.’” McQuillion v. Duncan,
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342 F.3d 1012, 1014 (9th Cir. 2003) (quoting McDowell v. Calderon, 197 F.3d 1253,
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1255 (9th Cir. 1999) (en banc)). Such motions are disfavored and are not the place for
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parties to make new arguments not raised in their original briefs. See LRCiv 7.2(g);
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Defenders of Wildlife v. Browner, 909 F. Supp. 1342, 1351 (D. Ariz. 1995). Nor should
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such motions ask the Court to “rethink what the court has already thought through-rightly
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or wrongly.” See United States v. Rezzonico, 32 F. Supp. 2d 1112, 1116 (D. Ariz. 1998)
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(quoting Above the Belt, Inc. v. Mel Bohannon Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va.
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1983)).
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Plaintiff does not discuss how the Rule 59(e) standard applies in this case.
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Plaintiff cites various documents to support his disagreement with the Court’s analysis
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that Plaintiff failed to state a medical care claim against any named Defendant.1 As
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discussed in the Court’s June 22 Order, Plaintiff’s allegations and attachments reflect that
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consulting physicians have indicated that surgery may be needed at some point, but have
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recommended less drastic treatment to see if Plaintiff gains relief without surgery. While
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Plaintiff may eventually receive surgery, Defendants did not act with deliberate
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indifference by following less drastic recommendations of physicians.
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disagreement with the Court’s Order is not a basis for reconsideration and his arguments
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do not demonstrate that the Court committed clear error or that the Court’s Order was
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manifestly unjust. Nor has Plaintiff argued that there was an intervening change in
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controlling law. Plaintiff has failed to state any valid basis for the Court to reconsider its
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June 22, 2015 Order. Accordingly, the Motion for Reconsideration will be denied and
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this action will remain closed.
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Plaintiff’s
IT IS ORDERED that Plaintiff’s Motion for Reconsideration (Doc. 13) is denied
and this action shall remain closed.
DATED this 9th day of July, 2015.
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Honorable Stephen M. McNamee
Senior United States District Judge
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Plaintiff is no stranger to litigation before this court. See Malumphy v. Cluff, et
al., CV94-1728-PHX-SMM (LOA) (D. Ariz. Sept. 30, 1998); Malumphy v. Ryan, et al.,
CV 95-0272-PHX-SMM (D. Ariz. Aug. 19, 1997); Shaka v. Stewart, et al., CV00-1742PHX-SMM (D. Ariz. Aug. 12, 2004); Shaka v. Ryan, et al., CV10-2253-PHX-SMM (D.
Ariz. Mar. 4, 2015); As reflected in his prior actions, Plaintiff has gained a familiarity
with crafting a viable complaint.
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