Lawson v. Carney et al
Filing
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ORDER Re 140 Plaintiff's Motion for Relief from Summary Judgment; dismissing ECF NO. 140 for lack of jurisdiction. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator)**4 PAGES, PRINT ALL**(Geoffrey Lawson, Prisoner ID: 334928)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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GEOFFREY R. LAWSON,
NO: 2:15-CV-184-RMP
Plaintiff,
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ORDER RE PLAINTIFF’S MOTION
FOR RELIEF FROM SUMMARY
JUDGMENT
v.
BRENT CARNEY; MARK
MURPHY; P.A. SABATINO; A.C.
KNEI; and CHAPLIN LUCE,
Defendants.
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BEFORE THE COURT is Plaintiff Geoffrey Lawson’s Motion for Relief
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from Summary Judgment, ECF No. 140. Mr. Lawson appealed the Court’s Order
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and Judgment, ECF Nos. 134 and 135, in the Ninth Circuit Court of Appeals. ECF
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No. 136. He subsequently filed a motion for a limited remand in that court, and the
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Ninth Circuit issued an Order. See ECF No. 147. In its order, the Ninth Circuit
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stays briefing until February 12, 2018, and directs the appellant to indicate in his
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opening brief, or in a status report, “whether the district court has made an indicative
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ORDER RE PLAINTIFF’S MOTION FOR RELIEF FROM SUMMARY
JUDGMENT ~ 1
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ruling regarding appellant’s motion for relief from judgment.” ECF No. 147 (citing
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Fed. R. App. F. 12.1).
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“The filing of a notice of appeal divests the district court of jurisdiction.”
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Gould v. Mut. Life Ins. Co. of N.Y., 790 F.2d 769, 772 (9th Cir. 1986). Although the
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Court does not have jurisdiction over motions filed by Mr. Lawson before this Court
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after he filed his Notice of Appeal in the Ninth Circuit, the Court has reviewed Mr.
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Lawson’s Motion for Relief from Summary Judgment, ECF No. 140, and notes that
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Mr. Lawson appears to be predicating his motion on the basis that he had requested
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discovery through a public disclosure process, but that the Airway Heights
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Correctional Center (AHCC) refused to allow the disclosed material to be given to
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him in custody, because some of the information, such as the medical records of
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other prisoners, is prohibited. ECF No. 140 at 3 (citing Appendix A at ECF No. 140
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at 8).
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Mr. Lawson argues that he could have successfully defended against
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Defendants’ Motion for Summary Judgment if he had been given access to all of the
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materials that he had requested either through the discovery process or through the
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public disclosure process. Id. at 4. Alternatively, he argues that new evidence has
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been discovered about contaminated water at the AHCC. Id. Mr. Lawson also
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appears to argue that, had he been granted leave to amend his complaint to include
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all relevant parties and received the discovery that he requested, he could have
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ORDER RE PLAINTIFF’S MOTION FOR RELIEF FROM SUMMARY
JUDGMENT ~ 2
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survived summary judgment. Id. at 6. Therefore, Mr. Lawson argues that he should
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be relieved of this Court’s Order granting summary judgment. ECF No. 140.
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Mr. Lawson previously raised his concerns regarding the discovery process,
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both to Magistrate Judge Mary Dimke, who drafted the Report and Recommendation
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to this Court, and again to this Court in his objections to the Report and
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Recommendation. In its order granting summary judgment, this Court addressed his
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concerns by acknowledging that “Mr. Lawson raised several discovery issues in
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support of his objections to granting Defendants’ summary judgment motions.”
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ECF No. 134 at 28 (citations omitted). The Magistrate Judge further noted that it had
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several hearings regarding discovery issues and that Mr. Lawson was given renewed
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opportunities to conduct discovery and that continued delay was not appropriate.
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ECF No. 127 at 41. The Court agreed with the Magistrate Judge and determined that
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summary judgment was appropriate.
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Regarding Mr. Lawson’s concerns about potentially contaminated water, the
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Court noted that issue was not relevant to Mr. Lawson’s current lawsuit. ECF No.
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134 at 31. Therefore, any new information or evidence about contaminated water at
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the AHCC would not be a basis for altering this Court’s order on summary judgment
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about nonrelated issues.
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Mr. Lawson indicates that he should be allowed to amend his complaint and
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argues that he was “never provided the opportunity to amend his complaint even
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once.” ECF No. 140 at 6. Mr. Lawson did not file any motions for leave to amend.
ORDER RE PLAINTIFF’S MOTION FOR RELIEF FROM SUMMARY
JUDGMENT ~ 3
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Based upon the existing Complaint, the Court determined that summary judgment
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was appropriate.
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Therefore, to the extent that Appellant is required to provide the Ninth Circuit
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with a status report indicating whether this Court likely would be amenable to
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revisiting its prior Order Granting Summary Judgment, ECF No. 134, the Court finds
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that there is no persuasive argument yet presented that would justify reconsideration.
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Even if the Court had jurisdiction to consider Mr. Lawson’s Motion for Relief from
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Judgment, which it does not, it would deny the motion based on the facts and
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arguments that have been presented.
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Accordingly, IT IS HEREBY ORDERED:
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1. Mr. Lawson’s Motion for Relief from Judgment, ECF No. 140, is
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DISMISSED for lack of jurisdiction.
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2. All other pending motions are DISMISSED for lack of jurisdiction.
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IT IS SO ORDERED. The District Court Clerk is directed to enter this
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Order and provide copies to counsel and to pro se Plaintiff.
DATED January 10, 2018.
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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge
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ORDER RE PLAINTIFF’S MOTION FOR RELIEF FROM SUMMARY
JUDGMENT ~ 4
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