Opinion
CV-22-00430-TUC-JCH (P)
03-10-2023
Christen Beckner, Plaintiff, v. Arizona Department of Corrections Rehabilitation and Reentry, et al., Defendants.
ORDER
HONORABLE JOHN C. HINDERAKER, UNITED STATES DISTRICT JUDGE
On November 28, 2022, the Court granted Plaintiff leave to file a first amended complaint within 30 days of its Order. Doc. 10. The Court warned Plaintiff that his action could be dismissed without further notice if Plaintiff failed to timely comply with every provision of the Order. Id. at 4. The Court ordered the Clerk of the Court to enter a judgment of dismissal without prejudice if Plaintiff failed to file an amended complaint within 30 days. Id. at 5. The Court attached a copy of the Court's "Civil Rights Complaint Form" to the Order. Id. at 6-15. Fifty-one days later, on January 18, 2023, Plaintiff filed a first amended complaint. Doc. 12. On January 26, 2023, the Clerk of the Court dismissed Plaintiff's action without prejudice for failure to comply with the Court's November 28 Order. Doc. 13.
Before the Court is Plaintiff's "Motion to Reconsider under Rule 59(e)," which the Clerk of the Court construed as a "Motion to Amend/Correct Complaint" (Doc. 14). Plaintiff alleges (1) "the clerk sent the plaintiff the writ of habeas corpus form which was the wrong form," and (2) "plaintiff is unable to get forms and the rules of the court because the facility doesn't afford pro se defendant access to the court." Doc. 14 at 2. Plaintiff asks the Court to "reverse [its] decision and to allow the plaintiff to file an amended complaint." Id.
I. Legal Standard
Under Federal Rule of Civil Procedure 59(e), a "motion to alter or amend a judgment must be filed no later than 28 days after the entry of judgment." A motion for reconsideration is "an extraordinary remedy," and "should not be granted absent highly unusual circumstances" such as "newly discovered evidence, ... clear error, or if there is an intervening change in the controlling law." 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999).
Parties may also seek relief from a court order under Federal Rule of Civil Procedure 60(b)(1) for excusable neglect. Excusable neglect "encompass[es] situations in which the failure to comply with a filing deadline is attributable to negligence," Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 394 (1993), and includes "omissions caused by carelessness," id. at 388. The determination of whether neglect is excusable "is at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission." Id. at 395. The Court's equitable analysis must examine "at least four factors: (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith." Lemoge v. United States, 587 F.3d 1188, 1192 (9th Cir. 2009) (citations omitted) (applying the Pioneer factors to Rule 60(b)(1)).
II. Analysis
Plaintiff is not entitled to relief under Rule 59(e) or 60(b)(1) because he did not provide any reasons for failing to comply with the Court's November 28 Order.
A. Rule 59(e)
Plaintiff's Motion was filed within 28 days of the Clerk's dismissal of his case, but more than 28 days after the Court's November 28 Order and the Court's deadline. Setting any potential timing issue aside, Plaintiff fails to establish entitlement to relief under Rule 59(e) because he does not identify "extraordinary circumstances" justifying reconsideration. Plaintiff alleges the Clerk of the Court sent him a "writ of habeas corpus form which was the wrong form." Doc. 14 at 2. Plaintiff appears to refer to the Court's September 26 Order. See Doc. 5 at 6-20. But Plaintiff received and used the "Civil Rights Complaint Form" the Court attached to its November 28 Order. See Doc. 10 at 6-15; Doc. 12. Plaintiff does not explain how the form attached to the September 26 Order is relevant to his compliance with the Court's November 28 Order. Critically, Plaintiff also does not explain why he filed 21 days after the Court's deadline. Plaintiff alleges that he "is unable to get forms and the rules of the court," Doc. 14 at 2, but does not address the fact that he received the Court's "Civil Rights Complaint Form," filled it out, and filed it 21 days after the Court's deadline.
Plaintiff has identified no new evidence, clear error, or new law that applies to his situation. The Court thus denies his motion under Rule 59(e).
The Court reaches the same result under Rule 60(b)(1). First, Plaintiff's failure to comply with the Court's November 28 Order does not prejudice the opposing party because the case had not yet commenced. Plaintiffs failure also does not substantially prejudice Plaintiff because his case was dismissed without prejudice. He remains free to file a new case, and the Court will attach another civil rights complaint form to this Order to assist him in that event. Second, the length of the delay is quite long at 21 days, but it has no impact on the proceedings because the case had not yet commenced. Third, Plaintiff provides no reasons for his delay. That weighs heavily against granting his request. Fourth, and for similar reasons, Plaintiff provides no evidence of acting in good faith to comply with the Court's November 28 Order.
Considering the balance of the factors and points above, the Court also denies Plaintiff's motion under Rule 60(b)(1). If Plaintiff wishes to continue prosecuting his claims, he must file a new lawsuit.
III. Order
For the reasons above, IT IS ORDERED DENYING Plaintiff's Motion (Doc. 14).
Instructions for a Prisoner Filing a Civil Rights Complaint in the United States District Court for the District of Arizona
1. Who May Use This Form. The civil rights complaint form is designed to help incarcerated persons prepare a complaint seeking relief for a violation of their federal civil rights. These complaints typically concern, but are not limited to, conditions of confinement. This form should not be used to challenge your conviction or sentence. If you want to challenge a state conviction or sentence, you should file a petition under 28 U.S.C. § 2254 for a writ of habeas corpus by a person in state custody. If you want to challenge a federal conviction or sentence, you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered the judgment.
2. The Form. Local Rule of Civil Procedure (LRCiv) 3.4 provides that complaints by incarcerated persons must be filed on the court-approved form. The form must be typed or neatly handwritten. The form must be completely filled in to the extent applicable. All questions must be answered clearly and concisely in the appropriate space on the form. If needed, you may attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper. You must identify which part of the complaint is being continued and number all pages. If you do not fill out the form properly, you will be asked to submit additional or corrected information, which may delay the processing of your action. You do not need to cite law.
3. Your Signature. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury.
4. The Filing and Administrative Fees. The total fees for this action are $402.00 ($350.00 filing fee plus $52.00 administrative fee). If you are unable to immediately pay the fees, you may request leave to proceed in forma pauperis. Please review the “Information for Prisoners Seeking Leave to Proceed with a (Non-Habeas) Civil Action in Federal Court In Forma Pauperis Pursuant to 28 U.S.C. § 1915” for additional instructions.
5. Original and Judge's Copy. You must send an original plus one copy of your complaint and of any other documents submitted to the Court. You must send one additional copy to the Court if you wish to have a file-stamped copy of the document returned to you. All copies must be identical to the original. Copies may be legibly handwritten. This section does not apply to inmates housed at an Arizona Department of Corrections facility that participates in electronic filing.
6. Where to File. You should file your complaint in the division where you were confined when your rights were allegedly violated. See LRCiv 5.1(a) and 77.1(a). If you were confined in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. If you were confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott Division. If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file in the Tucson Division. Mail the original and one copy of the complaint with the $402 filing and administrative fees or the application to proceed in forma pauperis to:
Phoenix & Prescott Divisions:
U.S. District Court Clerk
U.S. Courthouse, Suite 130
401 West Washington Street, SPC 10
Phoenix, Arizona 85003-2119
OR
Tucson Division:
U.S. District Court Clerk
U.S. Courthouse, Suite 1500
405 West Congress Street
Tucson, Arizona 85701-5010
7. Change of Address. You must immediately notify the Court and the defendants in writing of any change in your mailing address. Failure to notify the Court of any change in your mailing address may result in the dismissal of your case.
8. Certificate of Service. You must furnish the defendants with a copy of any document you submit to the Court (except the initial complaint and application to proceed in forma pauperis). Each original document (except the initial complaint and application to proceed in forma pauperis) must include a certificate of service on the last page of the document stating the date a copy of the document was mailed to the defendants and the address to which it was mailed. See Fed.R.Civ.P. 5(a), (d). Any document received by the Court that does not include a certificate of service may be stricken. This section does not apply to inmates housed at an Arizona Department of Corrections facility that participates in electronic filing.
A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed this__________(month, day, year) to:
Name: _________
Address:_________
Attorney for Defendant(s)
(Signature)_________
9. Amended Complaint. If you need to change any of the information in the initial complaint, you must file an amended complaint. The amended complaint must be written on the court-approved civil rights complaint form. You may file one amended complaint without leave (permission) of Court within 21 days after serving it or within 21 days after any defendant has filed an answer, whichever is earlier. See Fed.R.Civ.P. 15(a). Thereafter, you must file a motion for leave to amend and lodge (submit) a proposed amended complaint. LRCiv 15.1. In addition, an amended complaint may not incorporate by reference any part of your prior complaint. LRCiv 15.1(a)(2). Any allegations or defendants not included in the amended complaint are considered dismissed. All amended complaints are subject to screening under the Prison Litigation Reform Act; screening your amendment will take additional processing time.
10. Exhibits. You should not submit exhibits with the complaint or amended complaint. Instead, the relevant information should be paraphrased. You should keep the exhibits to use to support or oppose a motion to dismiss, a motion for summary judgment, or at trial.
11. Letters and Motions. It is generally inappropriate to write a letter to any judge or the staff of any judge. The only appropriate way to communicate with the Court is by filing a written pleading or motion.
12. Completing the Civil Rights Complaint Form.
HEADING:
1. Your Name. Print your name, prison or inmate number, and institutional mailing address on the lines provided.
2. Defendants. If there are four or fewer defendants, print the name of each. If you name more than four defendants, print the name of the first defendant on the first line, write the words “and others” on the second line, and attach an additional page listing the names of all of the defendants. Insert the additional page after page 1 and number it “1-A” at the bottom.
3. Jury Demand. If you want a jury trial, you must write “JURY TRIAL DEMANDED” in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” Failure to do so may result in the loss of the right to a jury trial. A jury trial is not available if you are seeking only injunctive relief.
Part A. JURISDICTION:
1. Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. § 1983 for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics Agents” for federal defendants; or “other.” If you mark “other,” identify the source of that authority.
2. Location. Identify the institution and city where the alleged violation of your rights occurred.
3. Defendants. Print all of the requested information about each of the defendants in the spaces provided. If you are naming more than four defendants, you must provide the necessary information about each additional defendant on separate pages labeled “2-A,” “2-B,” etc., at the bottom. Insert the additional page(s) immediately behind page 2.
Part B. PREVIOUS LAWSUITS:
You must identify any other lawsuit you have filed in either state or federal court while you were a prisoner. Print all of the requested information about each lawsuit in the spaces provided. If you have filed more than three lawsuits, you must provide the necessary information about each additional lawsuit on a separate page. Label the page(s) as “2-A,” “2-B,” etc., at the bottom of the page and insert the additional page(s) immediately behind page 2.
Part C. CAUSE OF ACTION:
You must identify what rights each defendant violated. The form provides space to allege three separate counts (one violation per count). If you are alleging more than three counts, you must provide the necessary information about each additional count on a separate page. Number the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page 5. Remember that you are limited to a total of fifteen additional pages.
1. Counts. You must identify which civil right was violated. You may allege the violation of only one civil right per count.
2. Issue Involved. Check the box that most closely identifies the issue involved in your claim. You may check only one box per count. If you check the box marked “Other,” you must identify the specific issue involved.
3. Supporting Facts. After you have identified which civil right was violated, you must state the supporting facts. Be as specific as possible. You must state what each individual defendant did to violate your rights. If there is more than one defendant, you must identify which defendant did what act. You also should state the date(s) on which the act(s) occurred, if possible.
4. Injury. State precisely how you were injured by the alleged violation of your rights.
5. Administrative Remedies. You must exhaust any available administrative remedies before you file a civil rights complaint. See 42 U.S.C. § 1997e. Consequently, you should disclose whether you have exhausted the inmate grievance procedures or administrative appeals for each count in your complaint. If the grievance procedures were not available for any of your counts, fully explain why on the lines provided.
Part D. REQUEST FOR RELIEF:
Print the relief you are seeking in the space provided.
SIGNATURE:
You must sign your name and print the date you signed the complaint. Failure to sign the complaint will delay the processing of your action. Unless you are an attorney, you may not bring an action on behalf of anyone but yourself.
FINAL NOTE
You should follow these instructions carefully. Failure to do so may result in your complaint being stricken or dismissed. All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number the pages.