Summary
The United States District Court for the Southern District of California denied Marian Anthony’s motion for reconsideration of the dismissal with prejudice of his complaint. The court held that hearing transcripts were not newly discovered evidence and did not alter its prior conclusions concerning judicial immunity, interference with state-court proceedings, and failure to state a claim. The court also denied leave to file a second amended complaint and instructed the clerk to strike additional filings.
Holdings
- The transcripts did not constitute newly discovered evidence because Anthony was present at the hearings and the underlying facts were known to him or could have been discovered through reasonable diligence; therefore, reconsideration was not warranted under Rules 59(e) or 60(b)(2).
- The transcripts did not alter the prior findings that Sanchez was absolutely judicially immune, that Anthony improperly sought to void or stay state-court proceedings, and that Anthony failed to state a claim against Bray. Anthony also failed to explain why his asserted fraud and extraordinary-circumstances grounds applied.
- Leave to file a second amended complaint was denied because the first amended complaint had been dismissed with prejudice, which barred Anthony from bringing the action again in federal court.
Questions Presented
- Whether certified transcripts of state-court hearings constituted newly discovered evidence warranting relief from the prior dismissal under Federal Rules of Civil Procedure 59(e) or 60(b)(2).
- Whether Anthony established any other basis, including fraud or extraordinary circumstances, for reconsideration.
- Whether Anthony should be granted leave to file a second amended complaint after dismissal of his first amended complaint with prejudice.
Disposition
other
Cases Cited (4)
- Wilson v. Segovia, No. 19-CV-2254-TWR-MDD, 2020 WL 6685026, at *1 (S.D. Cal. Nov. 12, 2020)(followed)
- Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993)(followed)
- Baumann v. United States, 692 F.2d 565, 580 (9th Cir. 1982)(followed)
- Adams v. Cal. Dep't of Corr., No. 221-CV-06903-JAK-SHK, 2023 WL 3549719, at *10 (C.D. Cal. Feb. 24, 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…