Brown v. Wachovia Bank

244 F.R.D. 16, 2007 U.S. Dist. LEXIS 56168, 2007 WL 2219315
CourtDistrict Court, District of Columbia
DecidedAugust 3, 2007
DocketCivil Action No. 06-153(RMC)
StatusPublished
Cited by3 cases

This text of 244 F.R.D. 16 (Brown v. Wachovia Bank) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Wachovia Bank, 244 F.R.D. 16, 2007 U.S. Dist. LEXIS 56168, 2007 WL 2219315 (D.D.C. 2007).

Opinion

MEMORANDUM OPINION

COLLYER, District Judge.

Emanuel Brown, a federal inmate proceeding pro se, brought this action pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. The factual basis for his claim concerns the constitutionality of the restitution order imposed by the District Court in the Middle District of North Carolina as part of Plaintiffs sentence for armed bank robbery. The amended complaint named as defendants Wachovia Bank, Kennedy Thompson, Chairman of Wachovia Bank, and the following federal agencies and officials: Alberto Gonzales, Attorney General of the United States, the Department of Justice (“DOJ”), Harley Lappin, Director of the Bureau of Prisons (“BOP”), the United States Probation Department, John M. Johnston, a former special agent of the Federal Bureau of Investigation (“FBI”), John W. Stone, Jr., an Assistant United States Attorney, John Doe, and Jane Doe (“Federal Defendants”). Plaintiff seeks return of the seized cash in the amount of $67,365.85 and an additional $15,000.00. The latter amount represents proceeds of a settlement in an unrelated civil action against the BOP and was applied to Plaintiffs restitution obligation.

[18]*18On initial consideration of the complaint, this Court dismissed the case for failure to state a claim, finding that (1) restitution was required under the Mandatory Victims Restitution Act of 1996 (“MVRA”), 18 U.S.C. § 3663A, et seq.; and (2) the Federal Defendants were immune from suit. The Court of Appeals vacated that decision and remanded on the ground that a prior restitution statute, the Victim and Witness Protection Act (“VWPA”), 18 U.S.C. § 3663, et seq. (1985), was in effect at the time of Plaintiffs criminal offense. As directed by the appeals court, Defendants were served a copy of the summons and amended complaint. Wachovia Bank filed a motion to dismiss and the Federal Defendants moved for dismissal or, in the alternative, for summary judgment.

The Court granted Defendants’ motions, ruling (1) Plaintiffs cause of action was a 28 U.S.C. § 2255 action that must be brought in the Fourth Circuit Court of Appeals; (2) Plaintiffs RICO claim was barred by the statute of limitations; (3) Plaintiffs claims against the Department of Justice and its employees in their official capacities were subject to sovereign immunity; (4) Assistant United States Attorney Stone was entitled to absolute immunity; (5) Plaintiffs claim could not be relitigated under the doctrine of collateral estoppel; (6) the Court lacked personal jurisdiction over Defendant Stone; and (7) venue is not proper in this district. Plaintiff now moves to alter or amend the judgment and for a default judgment against Defendants Johnston and Thompson.

I. BACKGROUND

Mr. Brown alleges that on September 28, 1990, FBI agent Johnston and other agents illegally seized $67, 365.85 in cash from his residence in Philadelphia, Pennsylvania. Am. Compl. at 2. On March 31, 1991, in the United States District Court for the Middle District of North Carolina, Mr. Brown was convicted of armed bank robbery and use of a firearm during a crime of violence. United States v. Brown, No. 91-5088, 1993 WL 998, at *1 (4th Cir. Jan.6, 1993). The convictions arose from the theft of $371,000.00 from a branch of the Wachovia Bank and Trust in Greensboro, North Carolina. Id.

On July 3, 1991, Mr. Brown was sentenced to an imprisonment term of 330 months, five years of supervised release, and ordered to pay restitution to Wachovia Bank in the amount of $303,000.00. Fed. Defs.’ Mot. to Dismiss or, in Alt., for Sum. J. Exh. 3. The sentencing judge ordered that the $67,365.85 seized from Plaintiffs residence be applied to the restitution order. Am. Compl. at 3. Plaintiffs conviction and sentence were affirmed by the Court of Appeals for the Fourth Circuit on January 6, 1993. Brown, 1993 WL 998, at *5.

Pursuant to Fed.R.Crim.P. 41(e), Mr. Brown filed a motion for return of the money seized by the FBI. Fed. Defs.’ Mot. to Dismiss or, in Alt., for Sum. J. Exh. 2. On July 5, 1996, the District Court for the Middle District of North Carolina denied the motion on the ground that the seized money was being applied to a valid restitution order. Id.

Plaintiff filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 on July 16, 1997 alleging, among other grounds, that the restitution order was in error. Fed Defts.’ Mot. to Dismiss or, in Alt., for Sum. J. Exh. 3. In denying the motion, the District Court for the Middle District of North Carolina found that Plaintiffs restitution claim was conclusory and that he had procedurally defaulted by not raising the issue on direct appeal. Id. Exh. 3 & Exh. 4. The Fourth Circuit Court of Appeals denied Plaintiff a certificate of appealability on this decision. United States v. Brown, No. 98-6584, 1998 WL 398770, at * 1 (4th Cir. July 9, 1998). On July 26, 2005, that court also denied Plaintiff authorization to file a successive § 2255 motion. Fed. Defs.’ Mot. to Dismiss or, in Alt., for Sum. J. Exh. 5.

II. ANALYSIS

The resolution of a motion to alter or amend judgment under Rule 59(e) of the Federal Rules of Civil Procedure is a matter of the court’s discretion and “need not be granted unless the [court] finds that there is an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Messina v. Krakower, 439 F.3d [19]*19755, 758 (D.C.Cir.2006) (internal quotation marks and citation omitted). “[A] Rule 59(e) motion to reconsider is not simply an opportunity to reargue facts and theories upon which a court has already ruled, nor is it a vehicle for presenting theories or arguments that could have been advanced earlier.” Fresh Kist Produce, LLC v. Choi Corp., 251 F.Supp.2d 138, 140 (D.D.C.2003) (internal quotation marks and citations omitted). “While the court has considerable discretion in ruling on a Rule 59(e) motion, the reconsideration and amendment of a previous order is an extraordinary measure.” Fresh Kist Produce, 251 F.Supp.2d. at 140 (citing Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C.Cir.1996) (per curiam)).1

Plaintiff contends that Defendants Johnston and Thompson violated the Federal Rules of Civil Procedure by not filing an answer to the complaint. See Pl.’s Motion for Default J. [Dkt. # 44].

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Bluebook (online)
244 F.R.D. 16, 2007 U.S. Dist. LEXIS 56168, 2007 WL 2219315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wachovia-bank-dcd-2007.