Kerry Salas de la Miya v. 14th Judicial District Courts et al.

W.D. Louisiana

Kerry Salas de la Miya v. 14th Judicial District Courts et al.

District Court, W.D. Louisiana·Decided June 25, 2026·No. 2:23-cv-01737·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

KERRY SALAS DE LA MIYA #1550200 CASE NO. 2:23-CV-01737 SEC P VERSUS JUDGE JAMES D. CAIN, JR. DIVISION JUDGES 14TH JUDICIAL MAGISTRATE JUDGE LEBLANC DISTRICT COURTS ET AL

MEMORANDUM ORDER Before the court is a Motion to Reconsider [doc. 67] filed by plaintiff Kerry Salas de la Miya, in response to the court’s Memorandum Order [doc. 65] denying his Motion to Reopen/Reinstate Case. Plaintiff, whose pro se civil rights suit was dismissed by the court in January 2025, argues that he was only released from custody in June 2025 and that prison officials impeded his efforts to conduct discovery, including by threatening him with additional jail time. Nevertheless, he fails to excuse the fact that he waited another year to attempt to reopen his case. As the court previously stated, a motion for relief from judgment must be made “within a reasonable time” unless good cause can be shown for the delay. Jn re Osborne, 379 F.3d 277, 283 (Sth Cir. 2004) (quoting Pryor v. U.S. Postal Svc., 769 F.2d 281, 287-88 (Sth Cir. 1985)). Even if the court accepts his unverified allegations as true, the undersigned does not view this as sufficient cause to delay several more months before seeking to reopen the case. Accordingly, the Motion [doc. 67] is hereby DENIED. THUS DONE AND SIGNED in Chambers on the 25th day of June, 2026.

UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

KERRY SALAS DE LA MIYA #1550200 CASE NO. 2:23-CV-01737 SEC P VERSUS JUDGE JAMES D. CAIN, JR. DIVISION JUDGES 14TH JUDICIAL MAGISTRATE JUDGE LEBLANC DISTRICT COURTS ET AL

MEMORANDUM ORDER Before the court is a Motion to Reconsider [doc. 67] filed by plaintiff Kerry Salas de la Miya, in response to the court’s Memorandum Order [doc. 65] denying his Motion to Reopen/Reinstate Case. Plaintiff, whose pro se civil rights suit was dismissed by the court in January 2025, argues that he was only released from custody in June 2025 and that prison officials impeded his efforts to conduct discovery, including by threatening him with additional jail time. Nevertheless, he fails to excuse the fact that he waited another year to attempt to reopen his case. As the court previously stated, a motion for relief from judgment must be made “within a reasonable time” unless good cause can be shown for the delay. Jn re Osborne, 379 F.3d 277, 283 (Sth Cir. 2004) (quoting Pryor v. U.S. Postal Svc., 769 F.2d 281, 287-88 (Sth Cir. 1985)). Even if the court accepts his unverified allegations as true, the undersigned does not view this as sufficient cause to delay several more months before seeking to reopen the case. Accordingly, the Motion [doc. 67] is hereby DENIED. THUS DONE AND SIGNED in Chambers on the 25th day of June, 2026.

UNITED STATES DISTRICT JUDGE

Kerry Salas de la Miya v. 14th Judicial District Courts et al., (W.D. La. 2026).

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