Hayes v. Morgan
Filing
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ORDER denying 30 Motion for Reconsideration by U.S. District Judge John C Coughenour.**3 PAGE(S), PRINT ALL**(Donald Hayes, Prisoner ID: 766385)(SSM)
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DONALD C. HAYES,
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Petitioner,
MINUTE ORDER
v.
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CASE NO. C16-0803-JCC
MARGARET GILBERT,
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Respondent.
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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on Petitioner Donald C. Hayes’s motion for
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reconsideration (Dkt. No. 30) of this Court’s order (Dkt. No. 27) adopting the report and
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recommendation issued by the Honorable Mary Alice Theiler, United States Magistrate Judge
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(Dkt. No. 22).
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Motions for reconsideration are generally disfavored. W.D. Wash. Local Civ. R. 7(h)(1).
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Reconsideration is appropriate only if there is “manifest error in the prior ruling or a showing of
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new facts or legal authority which could not have been brought to [the Court’s] attention earlier
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with reasonable diligence.” Id. “Motions for reconsideration are not the place for parties to make
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new arguments or to ask the Court to rethink what it has already thought.” Richard v. Kelsey,
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2009 WL 3762844 at *1 (W.D. Wash. Nov. 9, 2009).
MINUTE ORDER C16-0803-JCC
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Mr. Hayes’s motion does not meet the standards set forth in Rule 7(h). He largely
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rehashes the argument he previously presented—i.e., that reinstatement of his DOSA would
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release him from total confinement. (Dkt. No. 30 at 2-4.) But the Court rejected this argument
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after finding that Mr. Hayes would still be liable for his new convictions even if his claims of
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improper treatment were valid. (Dkt. No. 27 at 1.) Mr. Hayes has shown no reason to challenge
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this finding.
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Mr. Hayes also argues—for the first time on reconsideration—that, under Wash. Rev.
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Code §§ 9.94A.633 and 9.94A.737, he cannot be sanctioned for more than 30 days for acquiring
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new felony convictions. (Dkt. No. 30 at 7.) Mr. Hayes waived this argument by not raising it
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previously. See Richard, 2009 WL 3762844 at *1. (“Motions for reconsideration are not the
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place for parties to make new arguments.”). Moreover, the statutes cited do not shield Mr. Hayes
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from the consequences of new convictions. Rather, they outline possible sanctions for people
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who violate the terms of their community custody. In other words, the sanctions Mr. Hayes could
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have received for violating the terms of his DOSA are different than the sentences he received
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for his new convictions.
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Finally, Mr. Hayes’s motion was untimely. Motions for reconsideration “shall be filed
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within fourteen days after the order to which it relates is filed.” W.D. Wash. Local Civ. R.
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7(h)(2). The Court may dismiss motions that are filed past this deadline. Id. This Court denied
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Mr. Hayes’s habeas petition on January 13, 2017. Accordingly, Mr. Hayes had until January 27,
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2017 to file a timely motion. Mr. Hayes did not file his motion until January 30, 2017.
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In sum, although the Court is sympathetic to Mr. Hayes, habeas relief is not the
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appropriate remedy for his grievances. The motion for reconsideration (Dkt. No. 30) is DENIED.
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The Clerk is DIRECTED to send a copy of this order to Mr. Hayes.
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//
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//
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//
MINUTE ORDER C16-0803-JCC
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DATED this 10th day of February 2017.
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William M. McCool
Clerk of Court
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s/Paula McNabb
Deputy Clerk
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MINUTE ORDER C16-0803-JCC
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