Daniels v. Caldwell

Filing 18

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 03/14/2016. Copy mailed to Daniels on 3/15/2016.(tjoh, )

#5

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Richmond Division

JOSEPH A.

DANIELS,

Plaintiff,
V.

Civil Action No.

PAUL E.

3:14CV856

CALDWELL,

Defendant.
MEMORANDUM OPINION

Joseph A.
and

m

forma

Daniels,
pauperis,

JUDGMENT"

wherein

April 10,

2014,

he

a

Virginia prisoner proceeding pro

filed
seeks

Case No.

this

action entitled

"relief

from

3:ll-cv-461-REP,

granting

defendant

summary

No. 1.)

Daniels believes

judgment
"[t]he

is

"MOTION

judgment

entered

se
FOR
on

where such judgment

void."

(Mot.

1,

judgment is void in that

ECF
the

plaintiff was denied his Due Process Right to have the disputed
material facts decided by a jury .

As background,
December

18,

.

.

(Id.)

by Memorandum Opinion and Order entered on

2013,

the

Court

granted

Defendant

Paul

E.

Caldwell's Motion for Summary Judgment and dismissed the action
as factually frivolous.
2013 WL 6713129,

at *4

See Daniels v.
(E.D. Va.

Dec.

Caldwell, No.

18,

2013)

3:11CV461,

Subsequently,

^ The Court explained that:
Daniels's

claim

of

deliberate

indifference

is

predicated upon
the
allegation that Dr.
Caldwell
unnecessarily
removed Daniel's
deltoid muscle
and
failed
to
provide
Daniels
with
physical
therapy

on

April

10,

2014,

Reconsideration

(ECF No. 81.)
Circuit

Cir.

the

under

Court

Federal

denied

Rule

of

Daniels's
Civil

Motion

Procedure

for

59(e).

The United States Court of Appeals for the Fourth

affirmed.

2014).

Daniels

The

Supreme

Daniels's

petition

for

Caldwell,

135 S. Ct.

a

200

v.

Caldwell,

569

F.

App'x

Court

of

the

United

writ

of

certiorari.

159

States

(4th

denied

Daniels

v.

(2014).

Having reached the end of the appeals process without the
result he desired,

Daniels filed an ''INDEPENDENT ACTION'' seeking

relief from the judgment."
Final

Order

entered

for

Judgment,

Motion

factually

on

frivolous.

WL 7283121,

at *2 E.D.

December 1,

2015,

following
factually

(Mot.

November

and

1.)
16,

dismissed

Daniels v.
Va.

Nov.

2015,

2015);

remove

as

No.

denied

the

legally

and

3:14CV856,

(ECF Nos.

12-13.)

Daniel's

Such a
reflects
deltoid

claim is
that Dr.

Caldwell

did

provided
surgery.

Daniels with physical therapy following his
Indeed,
Daniels bears sole responsibility

muscle

and

for the termination of his physical therapy.
Because
the
evidence
reflects
that
Dr.
Caldwell
provided
reasonable
medical
care,
rather
than
acting
with
deliberate
indifference,
the
Motion
for
Summary
Judgment will be granted.
Daniels's claim will be
dismissed.

Daniels,

2013 WL 6713129,

at *3.

2015
On

Motion to Vacate or Grant New

Daniel's surgery. . . .
frivolous.
The evidence
not

Court

action

the

the

Caldwell,

16,

Daniels filed a

By Memorandum Opinion and

Trial that the Court construes as a
Rule of Civil Procedure

motion pursuant to Federal

("Rule 59(e) Motion," ECF No. 16).

The United States Court of Appeals for the Fourth Circuit

recognizes three grounds for relief under Rule 59(e):
accommodate

an

account

for

correct

a

intervening

new

v.

not

error

law or prevent

of

Staton,

994

(citing Weyerhaeuser Corp.
1419

(D.

F.R.D.

Md.

625,

1991);

626

F.2d

v.

Atkins

(S.D.

available

Miss.

1076,

Koppers
v.

at

Marathon

1990)).

(2)

to

or

(3)

to

trial;

manifest

1081

Co. ,

to

law;

in controlling

evidence

clear

Hutchinson

change

''(1)

(4th

injustice."
1993)

Supp.

771 F.

Cir.

1406,

LeTourneau

Co. ,

130

Daniels asserts that

''the

judgment entered by the District Court is plainly wrong when it
dismissed plaintiff's action as legally and factually frivolous
when

there

existed

a

material

factual

dispute

as

to

whether

plaintiff's left anterior deltoid shoulder muscle was removed."
(Rule

59(e)

Mot.

twice

before

to

1-2.)

As

Daniels,

the

Court

"[t]he

has

evidence

explained

at

reflects

that

least
Dr.

Caldwell did not remove Daniel's deltoid muscle."

Daniels,

WL 6713129,

insistent but

incorrect

at

*3.^

stance,

Because Daniels

fails

Thus,
no

contrary to Daniels

"material

to demonstrate

factual

dispute"

the Court

2013

existed.

committed a

clear

^ Daniels attaches the Operative Report of Dr. Caldwell that
was submitted previously by Caldwell in support of his Motion
for Summary Judgment in Daniels v. Caldwell, No. 3:11CV451.
The
Court considered this evidence in granting the Motion for
Summary Judgment for Caldwell.
3

error of law or any other basis for granting relief,

the Rule

59(e) Motion (ECF No. 16) will be denied.

The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Daniels.
It

is

so ORDERED.

/s/
Robert E. Payne
Senior Iftiited States District Judge
/

l/f

/t\M

1

!

Date

Richmond, Virginia

^