Jackson v. Patzkowski et al

Filing 24

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, denying 23 Motion for Reconsideration. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)**PRINT ALL**(Kyntrel Jackson, Prisoner ID: 355949)

Download PDF
1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Jan 30, 2018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 SEAN F. MCAVOY, CLERK 4 KYNTREL JACKSON, No. 4:17-CV-05189-SMJ 5 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION 6 v. 7 8 SHAWNA PATZKOWSKI; R. ZARAGOZA, Defendant. 9 10 Before the Court, without oral argument, is Plaintiff Kyntrel Jackson’s 11 construed Motion for Reconsideration, ECF No. 23. Plaintiff sent a letter to the 12 Court Clerk titled “Request Defendants to be placed back in civil action.” The Court 13 has reviewed the motion and case file and construes this motion as a motion for 14 reconsideration of its January 12, 2018 Order Dismissing Complaint in Part and 15 Directing Service of Religious Claims. ECF No. 12. On January 12, 2018, Plaintiff 16 filed an amended complaint. ECF No. 15. The Court screened the amended 17 complaint and issued a screening order, Order Dismissing Amended Complaint in 18 Part and Dismissing Service of Religious Claims on January, 19, 2018. ECF No. 19 21. Accordingly, Plaintiff’s motion for consideration as it relates to the Court’s 20 January 12, 2018 order on the original complaint is moot. ORDER - 1 1 However, Plaintiff’s amended complaint was substantially identical to the 2 original complaint with the exception of an added claim under the Universal 3 Declaration of Human Rights and a construed negligence claim against Chaplain 4 Fred Ivey. See ECF No. 15. The Court’s January 19, 2018 screening order dismissed 5 the same claims and defendants for the same reasons, in addition to dismissing the 6 new claim under the Universal Declaration of Human Rights and the claim against 7 Defendant Ivey. ECF No. 21. Because Plaintiff’s construed motion for 8 reconsideration applies equally to the Court’s January 19, 2018 screening order, the 9 Court will consider Plaintiff’s motion as it applies to the operative amended 10 complaint and screening order. 11 In his motion for reconsideration, Plaintiff asserts that Defendants Aiyeku, 12 Caldwell, Gonzales, Snyder, Sundburg, Holbrook, Roberts, Mink, Schettler, 13 Schneider, and Vernell should remain as defendants. Plaintiff presents no new facts 14 or information for the Court to consider in evaluating his requests. Plaintiff’s motion 15 essentially summarizes the allegations made in his complaint (and amended 16 complaint) and asserts that he has “evidence to prove all claims if need be yet was 17 denied to even show evidence in any court related manner.” Seeing no reason to 18 disturb previous decisions, the Court DENIES Plaintiff’s motion. 19 20 ORDER - 2 1 Accordingly, IT IS HEREBY ORDERED: 2 1. DENIED. 3 4 5 6 Plaintiff’s Construed Motion for Reconsideration, ECF No. 23, is IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to counsel and pro se party. DATED this 30th day of January 2018. 7 _________________________ SALVADOR MENDOZA, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?