Opinion

Boyd v. Culpepper

Court
District Court, W.D. Arkansas
Filed
Nov 4, 2019
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

THOMAS WAYLON BOYD PLAINTIFF

v. Civil No. 4:19-cv-4077

JUDGE DUNCAN CULPEPPER; PHILLIP

HARRIS, Prosecuting Attorney; DANNY ROGERS,

Public Defender; TIM MCBRAYER, Officer;

SEAN CLARK, Officer; JUSTIN HURST,

Attorney; JAMES SINGLETON, Sheriff;

JUDGE RANDAL WRIGHT; KOLBY HARPER,

Prosecuting Attorney; MATTHEW FORD,

Prosecuting Attorney; JOE T. TYLER, Public

Defender; BO MORRIS, Officer/Deputy; OFFICER

BROWN, Officer/Deputy; SGT. HUGHES, Officer/

Deputy; EVANS, Parole; DEPUTY SIMMONS, Parole;

PROSECUTOR TRACI GRAHAM, Prosecuting

Attorney; and BILLY MORITZ, Attorney DEFENDANTS

ORDER

On July 1, 2019, Plaintiff Thomas Waylon Boyd filed this case in the Eastern District of

Arkansas, pursuant to 42 U.S.C. § 1983. The Eastern District transferred the case to the Western

District of Arkansas, Texarkana Division, on July 9, 2019. Following several rounds of the Court

directing Plaintiff to file amended complaints and Plaintiff filing noncompliant pleadings,1

Plaintiff filed a second amended complaint on September 11, 2019. On October 16, 2019, the

Court entered a screening order that dismissed all of Plaintiff’s claims pursuant to 28 U.S.C. §

1915A. (ECF No. 15). Consequently, this case was closed.

On October 30, 2019, Plaintiff filed what was docketed as a motion to reopen this case.

(ECF No. 16). Plaintiff’s motion is a confusing jumble of arguments in which he appears to: (1)

1 The Court will not recount this process in detail because it was set out in the Court’s October 16, 2019 screening

order. (ECF No. 15, pp. 1-4).

ask for this case to be reopened; (2) quote at length from the Bill of Rights; (3) cite to various

amendments to the Arkansas Constitution; and (4) argue that the Court improperly applied law

that prevented him from pursuing his claims instead of accepting his allegations as true. Plaintiff’s

motion is meritless, but the Court will attempt to briefly address each of his points.

Plaintiff first asks the Court to reopen this case. He cites no authority in support of this

request2 and does not elaborate on the propriety of the request. The Court sees no basis upon

which to reopen the case and finds that Plaintiff has not shown good cause to open the case. Even

if the Court were to construe the request as a motion for reconsideration under either Federal Rules

of Civil Procedure 59(e) or 60(b), Plaintiff has failed to offer any reason justifying relief from the

Court’s October 16, 2019 screening order. See Innovative Home Health Care, Inc. v. P.T.-O.T.

Assocs. of the Black Hills, 141 F.3d 1284, 1286 (8th Cir. 1998) (“Rule 59(e) motions serve the

limited function of correcting manifest errors of law or fact or to present newly discovered

evidence.”); MIF Realty L.P. v. Rochester Assocs., 92 F.3d 752, 755 (8th Cir. 1996) (stating a party

may obtain Rule 60(b) relief from a final judgment for, among other reasons, mistake,

inadvertence, surprise, or excusable neglect).

Plaintiff also quotes passages from the Bill of Rights and cites to various amendments to

the Arkansas Constitution. The relevance of these sections is unclear to the Court and Plaintiff

does not explain or apply these authorities to the case at hand. Consequently, the Court finds that

these citations are insufficient to obtain the requested relief.

Finally, Plaintiff argues that the Court erroneously relied on caselaw that hindered his

ability to pursue his claims and should have instead taken the allegations in his second amended

2 The beginning of the instant motion cites 34 U.S.C. § 12361, which provides a civil cause of action for victims of

gender-motivated crimes of violence. In the absence of any explanation from Plaintiff, the Court finds that this statute

has no application to this case because Plaintiff’s latest amended complaint did not assert any claim under that statute.

complaint as true. Plaintiff misunderstands the Court’s October 16, 2019 screening order. The

Court did take Plaintiff’s allegations as true for purposes of the screening order. However, even

when assuming that the allegations were true, Plaintiff’s claims nonetheless failed because they:

(1) were asserted against people who were immune from suit; (2) failed to state a viable claim

upon which relief could be granted; (3) lacked specific detail as repeatedly ordered by the Court;

(4) concerned domestic-relations matters that the Court chose to abstain from hearing; or (5) were

barred by Heck v. Humphrey, 512 U.S. 447 (1994). Plaintiff has offered no reason to cause the

Court to believe that these issues were adjudicated incorrectly. Thus, the Court finds this argument

unpersuasive.

In sum, the Court finds no basis upon which to grant the relief requested in the instant

motion. Accordingly, Plaintiff’s motion (ECF No. 16) is hereby DENIED.

IT IS SO ORDERED, this 4th day of November, 2019.

/s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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