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Camick v. Wattley

United States District Court, D. Kansas

April 4, 2014

LESLIE LYLE CAMICK (a/k/a WAYNE CAMICK), Plaintiff,
v.
EVELYN A. WATTLEY, KAITRAXX, LLC, DISTRICT COURT OF COWLEY COUNTY, KANSAS, CHRISTOPHER E. SMITH, WINFIELD POLICE DEPARTMENT, and NICOLE HILLS, Defendants.

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

On July 19, 2013, Plaintiff Leslie Lyle Camick filed a pro se civil rights action, bringing several claims under 42 U.S.C. ยง 1983, and a claim for intentional infliction of emotional distress under Kansas law. Plaintiff alleged that Defendants conspired to deprive him of his civil rights by causing him to be falsely arrested and prosecuted for felony theft. The Court granted Defendants' motions to dismiss (Docs. 14, 17, 19, 24) in a lengthy Memorandum and Order filed on December 5, 2013 (Doc. 43). The Court dismissed Cowley County District Court for lack of subject matter jurisdiction. The Court granted the remaining defendants' motions for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6). Before the Court are several post-judgment motions filed by Plaintiff: (1) Motion for Extension of Time to File a Motion to Alter or Amend Judgment (Doc. 45); (2) Motion to Stay Order Awarding Costs (Doc. 46); (3) Motion to Alter or Amend Judgment (Doc. 47); (4) Motion to Stay Proceedings Pending Disposition of U.S. v. Camick (Doc. 49); (5) Motions to Appoint Counsel (Docs. 50, 59, 61); (6) Amended Motion to Alter or Amend Judgment (Doc. 56); (6) Motion to Withdraw Motion for Extension of Time to File a Motion to Alter or Amend Judgment (Doc. 57); and (7) Motion for Leave to Proceed in forma pauperis (Doc. 58). On February 20, 2014, Plaintiff filed a Notice of Dismissal as to the District Court of Cowley County, Kansas.

Plaintiff appears to misunderstand the procedural posture of his case. This case has been dismissed and closed. Any notice of dismissal in this matter is moot because all Defendants already have been dismissed. Furthermore, Plaintiff may not now proceed to proceed in forma pauperis in the district court. He paid the filing fee when he initiated this action, and the case has been dismissed. That motion is therefore moot. To the extent Plaintiff requests leave to appeal in forma pauperis, the Court will address his motion and finds that it should be denied without prejudice to refiling.

Plaintiff filed a motion to withdraw the motion for extension of time to file his motion to alter or amend; that motion shall be granted and the motion for extension of time is withdrawn.

Plaintiff has filed several motions asking the Court to reconsider its dismissal order, which the Court construe as motions for relief from judgment under Fed.R.Civ.P. 60(b). For the reasons explained below, those motions are denied. Therefore, Plaintiff's motions for appointment of counsel are moot. Finally, the Court denies Plaintiff's motion to stay the award of costs set forth in the Judgment.

I. Motions to Alter or Amend

The Court incorporates by reference its recitation of the allegations lodged in Plaintiff's Complaint in this case. Plaintiff has filed two motions to alter or amend the judgment under Fed.R.Civ.P. 59(e) challenging the Court's December 5, 2013 dismissal order. But a motion to alter or amend judgment pursuant to Rule 59(e) must be filed within 28 days of dismissal.[1] Plaintiff's motions to alter or amend were filed on January 3, 2014 and January 23, 2014, more than 28 days after the Court dismissed this case. The Court therefore liberally construes Plaintiff's motion as a motion under Fed.R.Civ.P. 60(b), which must be brought "within a reasonable time."[2] Rule 60(b) provides that the Court may relieve a party from a final judgment for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.[3]

Such a motion does not permit a losing party to rehash arguments previously addressed or to present new legal theories or facts ...


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