(PC) Carthen v. Scott et al
Filing
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ORDER signed by District Judge Dale A. Drozd on 11/25/2024 DENYING 94 Second Motion to Reopen Case. (Becknal, R.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TREMANE DARNELL CARTHEN,
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Plaintiff,
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v.
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P. SCOTT, et al.,
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No. 1:19-cv-00227-DAD-EPG (PC)
ORDER DENYING PLAINTIFF’S SECOND
MOTION TO REOPEN THIS CASE
(Doc. No. 94)
Defendants.
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Plaintiff Tremane Darnell Carthen is a federal prisoner proceeding pro se and in forma
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pauperis in this civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388
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(1971). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636
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(b)(1)(B) and Local Rule 302.
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On January 30, 2023, the assigned magistrate judge issued findings and recommendations
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recommending that defendants’ motion to dismiss plaintiff’s first amended complaint (Doc. No.
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54) be granted and that this action be dismissed due to plaintiff’s failure to state a cognizable
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claim under Bivens. (Doc. No. 82.) Those findings and recommendations were served on the
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parties and contained notice that any objections thereto were to be filed within twenty-one (21)
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days after service. (Id.) On February 15, 2023, plaintiff filed objections to the findings and
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recommendations or, in the alternative, a request for additional time to file adequate objections
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due to his pending transfer to another facility and his purported lack of access to his legal
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materials. (Doc. No. 83.) On February 16, 2023, the magistrate judge granted plaintiff thirty
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additional days to file his objections and served this order on the parties. (Doc. No. 84) On April
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11, 2023, plaintiff filed a motion seeking another extension of time to supplement his objections
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and requested that a copy of the magistrate judge’s findings and recommendations be mailed to
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him. (Doc. No. 85.) On April 12, 2023, the magistrate judge noted that plaintiff’s second
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motion for an extension time to file objections was not timely filed and that he had already
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received over two additional months to prepare and file his objections to the findings and
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recommendations, but nonetheless granted him one final extension of thirty days in which to do
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so and directed the Clerk of Court to mail him a copy of the findings and recommendations.
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(Doc. No. 86.) Despite the granting of this additional extension of time, plaintiff did not file
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additional objections.
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On April 3, 2024, this case was reassigned to the undersigned. (Doc. No. 89.) On April 4,
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2024, the undersigned adopted the pending findings and recommendations in full, granted the
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defendants’ motion to dismiss, and closed this case. (Doc. No. 90.) The court considered
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plaintiff’s February 15, 2023 objections, but ultimately found that plaintiff’s arguments were
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already thoroughly and appropriately addressed by the magistrate judge’s findings and
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recommendations. (Id. at 2.)
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On July 8, 2024, plaintiff filed a motion to reopen this case. (Doc. No. 92.) On July 19,
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2024, the court denied this request, noting that plaintiff had not presented any basis upon which
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the court should grant his motion to reopen. (Doc. No. 93.)
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On August 6, 2024, plaintiff filed a second motion to reopen this case “due to the fact that
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this case has been closed without reasons of why.” (Doc. No. 94 at 1.) Plaintiff subsequently
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filed a notice of appeal, which was processed to the Ninth Circuit. (Doc. Nos. 95, 96, 97.)
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Plaintiff’s appeal is currently pending before the Ninth Circuit, with his opening brief due on
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December 23, 2024. (Doc. No. 99 at 1.)
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“[A] federal district court and a federal court of appeals should not attempt to assert
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jurisdiction over a case simultaneously.” Griggs v. Provident Consumer Discount Co., 459 U.S.
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56, 58 (1982). “The filing of a notice of appeal is an event of jurisdictional significance—it
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confers jurisdiction on the court of appeals and divests the district court of its control over those
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aspects of the case involved in the appeal.” Id; see also Nat. Res. Def. Council, Inc. v. Sw.
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Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001) (“Once a notice of appeal is filed, the district
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court is divested of jurisdiction over the matters being appealed.”). The purpose of this rule is “to
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promote judicial economy and avoid the confusion that would ensue from having the same issues
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before two courts simultaneously.” Nat. Res. Def. Council, Inc., 242 F.3d at 1166.
Here, the court granted defendants’ motion to dismiss plaintiff’s first amended complaint
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in full and denied plaintiff’s first motion to reopen this case, and plaintiff subsequently filed a
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notice of appeal regarding both actions. (Doc. Nos. 90, 93, 96.) The court will thus deny
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plaintiff’s second motion to reopen this case, as additional proceedings in this case could result in
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inconsistent results given plaintiff’s pending appeal. See Birru v. Barr, No. 2:20-cv-00890-TLN-
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DB, 2020 WL 2395078, at *4 (E.D. Cal. May 12, 2020) (denying the petitioner’s “second,
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duplicative” petition for release where the petitioner’s appeal was “currently pending before the
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Ninth Circuit”).1
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Accordingly, plaintiff’s second motion to reopen this case (Doc. No. 94) is denied and this
case remains closed.
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IT IS SO ORDERED.
Dated:
November 25, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE
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The court also notes that in his latest motion plaintiff has again failed to present any basis upon
which his motion to reopen should be granted.
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