United States District Court, D. Maine
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
Court affirms a recommended decision that a civil
plaintiff's motion for relief from judgment be denied,
because the plaintiff's motion does not establish that
any evidence was newly discovered under Federal Rule of Civil
Procedure 60(b), because the plaintiff's complaints about
failing to receive documents was caused by the
plaintiff's own failure to maintain a current address
with the Court, and because in any event, the plaintiff's
Rule 60(b) motion is time-barred.
March 2, 2015, Frank Inman, then an inmate in the Maine
Correctional Center (MCC), filed a complaint with this Court
against three individual medical providers at the MCC,
alleging that they failed to render him proper medical
treatment and thereby violated 42 U.S.C. § 1983.
Compl. (ECF No. 1). On June 30, 2015, the Magistrate
Judge issued a recommended decision in which he recommended
that the Court grant a motion to dismiss as to Wendy Riebe,
but deny the motion as to the remaining defendants.
Recommended Decision (ECF No. 27). On August 18,
2015, the Court rejected the Magistrate Judge's
recommendation as to Wendy Riebe and affirmed the
recommendation as to the other defendants. Order
Affirming in Part and Rejecting in Part the Recommended
Decision of the Magistrate Judge (ECF No. 35). On
September 2, 2015, the Defendants answered Mr. Inman's
Complaint. Ans., Defenses and Affirmative Defenses of
Defs. Wendy Riebe, HSA, Dr. Robert Clinton, MD, and Dr.
George Stockwell, DO and Req. for Trial by Jury (ECF No.
38). After discovery and a series of non-dispositive motions
and orders, on February 1, 2016, Mr. Inman filed a motion for
summary judgment. Mot. for Summ. J. (ECF No. 69). On
May 5, 2016, the Magistrate Judge recommended that the Court
deny Mr. Inman's motion for summary judgment.
Recommended Decision on Pl.'s Mot. for Summ. J.
(ECF No. 83). On June 2, 2016, the Court affirmed the May 5,
2016 recommended decision. Order Affirming the
Recommended Decision of the Magistrate Judge (ECF No.
16, 2016, the Defendants filed a motion for summary judgment.
CCS Defs.' Mot. for Summ. J. (ECF No. 87). On
July 1, 2016, the Magistrate Judge issued a recommended
decision in which he recommended that the Court dismiss Mr.
Inman's claims against each Defendant. Recommended
Decision on Defs.' Mot. for Summ. J. (ECF No. 91).
On August 1, 2016, the Court affirmed the recommended
decision, and on August 2, 2016, the Clerk's Office
entered judgment in favor of the Defendants and against Mr.
Inman. Order Affirming the Recommended Decision of the
Magistrate Judge (ECF No. 97); J. (ECF No. 98).
October 6, 2017, Mr. Inman filed a letter with the Court.
Letter from Frank Inman to Clerk of Ct.
(ECF No. 99). In the letter, Mr. Inman wrote:
Due to newly discovered information there is factual proof
that plaintiff was in fact suffering from Huntington's
disease and it was active since 2011 when plaintiff was hit
by a car. Therefore defendants denying that the plaintiff
was not active was a lie.
Plaintiff brought Jonathan Richard with him to plaintiffs
appointment with his Huntington's specialist, therefore
Mr. Richard is a witness. Plaintiffs specialist said he's
in the mid stages of the disease, he ordered that the
plaintiff eat 5000 calories a day, drink 3 boost drinks, and
continue his 4000 mg of fish oil. The specialist said
plaintiff requires regular care and regular appointments with
the specialist to make sure the plaintiff is in the best
health for the disease.
Id. at 1.
Inman followed his October 6, 2017 letter with another letter
that he filed with the Court on October 25, 2017. Letter
from Frank Inman to Clerk (ECF No. 100).
letter, he wrote:
This is Frank Inman. I'm writing in regards to case Frank
Inman v. [W]endy Riebe et al. I wrote a letter about 2 or
three weeks ago about reopening the case[, ] but I have not
heard anything back. I've also been waiting to hear back
on the case I tried to file Frankie Inman-Arbo v. Mark
Sullivan, Megan Sullivan, and Michelle Sullivan; as I am
incarcerated I do need the general assistance with filing
like I have with the other cases I've filed due to not
having access to a computer puts a burden on me, therefore,
requesting that I type in correct format places an
unreasonable burden on me.
Thank you very much for your time and I look forward to