Carter v. Bigelow

869 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 140366, 2011 WL 6069214
CourtDistrict Court, D. Utah
DecidedDecember 6, 2011
DocketCase No. 2:02-CV-326 TS
StatusPublished
Cited by1 cases

This text of 869 F. Supp. 2d 1322 (Carter v. Bigelow) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Bigelow, 869 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 140366, 2011 WL 6069214 (D. Utah 2011).

Opinion

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY

TED STEWART, District Judge.

This matter is before the Court on two Motions to Strike, one filed by the Victim’s Representative and one filed by Respondent. Both Motions seek to strike Petitioner’s recently filed Motion to Amend and Renewed Motion to Stay. The Court will grant both Motions to Strike and will deny Petitioner’s Motion to Amend and Renewed Motion to Stay for the reasons set forth below.

I. BACKGROUND

On September 8, 2011, Respondent filed a Motion to Dismiss for Lack of Prosecution. The Victim’s Representative similarly sought dismissal to protect the rights established in the Crime Victims’ Rights Act. The Court denied the requests to dismiss this action.

The Victim’s Representative sought a writ of mandamus from the Tenth Circuit Court of Appeals pursuant to 18 U.S.C. § 3771(d)(3). Specifically, the Victim’s Representative sought

a writ of mandamus directing the district court to (1) reconsider, in light of his CVRA rights, within two weeks its denial of the State’s motion to dismiss Carter’s remaining § 2254 claims; (2) afford Mr. Olesen his rights under § 3771(a)(3), (4), (7), and (8) in all future proceedings; and (3) avoid all further unwarranted delay and to report to this court within two weeks with a scheduling order to resolve the remaining issues in the habeas case by the end of 2011, if reconsideration of the motion to dismiss does not result in dismissal.1

Petitioner opposed the Victim’s Representative’s request for a writ of mandamus. During the briefing before the Tenth Circuit, Petitioner informed that court that he intended to file with this Court “a motion to amend his petition and a renewed motion to stay based upon the Brady and Napue violations” at issue in his previous motion to stay.2 Importantly, [1325]*1325this Court has previously held that Petitioner’s new Brady and Napue claims are not included in the Petition currently before the Court.3

On November 4, 2011, 447 Fed.Appx. 868 (10th Cir.2011), the Tenth Circuit denied the Victim’s Representative’s request for mandamus, though that court agreed “that the more than nine-and-a-half-year delay [in this case] is too long.”4 Despite this, the court found that it could not conclude that the Victim’s Representative was entitled to dismissal of this action. The court stated that “[a] part of our consideration is the likelihood that under the present briefing schedule this habeas action will soon be concluded by a final ruling by the district court.”5 The Tenth Circuit concluded by “encouraging] the district court to hold firm to the briefing schedule and to decide the case promptly after briefing is completed.”6

In a footnote, the Tenth Circuit addressed Petitioner’s statements concerning his plan to seek amendment of his petition based on the Brady and Napue violations. The court stated: “To the extent Mr. Carter seeks to assert in the district court any new claims not already asserted in the habeas petition, he must follow the procedures set forth in 28 U.S.C. § 2244 for filing a second or successive § 2254 habeas petition.”7

On November 10, 2011, Petitioner filed a Motion to Amend and a Renewed Motion to Stay.8 Petitioner seeks to amend and supplement his current petition to add and supplement claims based on the alleged Brady and Napue violations. Petitioner also renews his request to stay this matter while he exhausts these claims in state court.

The Victim’s Representative and Respondent have both filed Motions seeking to strike these two Motions. Both the Victim’s Representative and Respondent argue that, by filing this Motion to Amend and Renewed Motion to Stay, Petitioner has acted contrary to the directive of the Tenth Circuit that any new claims must be pursued under the procedures set forth in 28 U.S.C. § 2244. In addition, the Victim’s Representative argues that Petitioner has violated his rights to proceedings free from unreasonable delay and his right to be treated with fairness.9

II. DISCUSSION

Two important principles are at issue in the determination of the Motions to Strike. First, “federal district courts have the inherent power to manage their business ‘so as to achieve the orderly and expeditious disposition of cases.’”10 Second, a lower court is not at liberty to act contrary to what is dictated by a higher court.11 With these basic principles in mind, the Court turns to the Motions to Strike.

As set forth above, this Court previously found that Petitioner’s newly alleged Brady and Napue claims are not included in his current petition. During [1326]*1326the briefing of the writ of mandamus, Petitioner repeatedly informed the Tenth Circuit that it would seek to amend his Petition in this Court to add these claims. In apparent response to these statements from Petitioner, the Tenth Circuit specifically directed that “[t]o the extent Mr. Carter seeks to assert in the district court any new claims not already asserted in the habeas petition, he must follow the procedures set forth in 28 U.S.C. § 2244 for filing a second or successive § 2254 habeas petition.”12 The Court finds that, by filing the Motion to Amend, Petitioner has acted in a way that is clearly contradictory to the plain language of the Tenth Circuit. If Petitioner seeks to add new claims, the Tenth Circuit has specifically dictated that he must follow the procedures in § 2244 for filing a second or successive petition.

Petitioner makes a variety of arguments in opposition to the Motions to Strike. First, Petitioner argues that the Motions are not appropriate under Fed.R.Civ.P. 12(f). Both Respondent and the Victim’s Representative cite to Rule 12(f) as a basis to strike the Motion to Amend and Renewed Motion to Stay. Rule 12(f) provides that a “court may strike from a pleading ... any redundant, immaterial, impertinent, or scandalous matter.” Fed.R.Civ.P. 7 defines pleadings to include a complaint, an answer, and similar documents, but does not include motions. As the documents at issue are not “pleadings” under the Federal Rules of Civil Procedure, Petitioner argues that Rule 12(f) is an improper vehicle to strike the Motions.13 This argument, however, ignores the Court’s inherent authority to manage its own docket to allow for the disposition of cases. Therefore, the Court must reject Petitioner’s argument.

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Related

Carter v. Bigelow
787 F.3d 1269 (Tenth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
869 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 140366, 2011 WL 6069214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-bigelow-utd-2011.