DAVID A. FABER, Senior District Judge.
Pending before the court is plaintiff's motion to alter or amend the court's judgment.
Plaintiff filed the above action seeking injunctive relief and "Qui Tam-style" relief against the United States Marshals Service and "Unknown Named Maryland U.S. Judges." In his complaint, plaintiff alleged that members of the Marshals Service allow certain unnamed defendant judges to use a gun range located within the U.S. District Courthouse in Baltimore, Maryland. (Doc. No. 1 at 4). The court dismissed plaintiff's complaint on November 24, 2015, finding that plaintiff did not have standing to bring the suit, the court could not exercise subject-matter jurisdiction over the controversy and, furthermore, plaintiff had not stated a claim for relief. (Doc. No. 14). In his motion to alter or amend, plaintiff seeks vacation of the court's order dismissing Count II of his complaint, which sought relief under the False Claims Act ("FCA").
Furthermore, plaintiff filed a supplement to his motion to alter or amend. (Doc. No. 20). In this motion, plaintiff argues that he has been subject to intimidation and pervasive bias for some time, (Doc. No. 20, Exh. 1 at 8-9), alleges "potential witness obstruction" by the United States Marshals Service, and alleges ethical violations on the part of the United States Marshals Service and the Department of Justice.
In his motion and supporting memoranda, plaintiff seeks to use Federal Rule of Civil Procedure 59(e) to alter or amend the court's ruling dismissing the second claim of his complaint. "Although Rule 59(e) does not itself provide a standard under which a district court may grant a motion to alter or amend a judgment," the Fourth Circuit recognizes "three grounds for amending an earlier judgment: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice."
However, a Rule 59(e) motion is not the proper mechanism to re-litigate those matters already decided. 11 Wright et al.,
As defendant Hughes argues in his response to plaintiff's motion, the court addressed the substance of plaintiff's contentions in its denial of his motion for post-judgment discovery. (Doc. No. 18). Plaintiff raises few issues in his instant motion for alteration of judgment that the reasoning of the court's prior order does not address. However, in an effort to address plaintiff's many arguments, the court has reexamined his complaint and its dismissal in light of his subsequent filings. Upon this review, the court finds that alteration of the court's previous order dismissing plaintiff's complaint is unnecessary to correct a clear error of law or to prevent a manifest injustice.
The court dismissed plaintiff's complaint for a number of reasons, namely because plaintiff cannot seek relief under the FCA as a
Despite plaintiff's arguments otherwise, his complaint did not state a claim upon which the court could grant relief. The test for FCA liability is (1) whether a false statement or fraudulent course of conduct occurred; (2) made or carried out with the requisite scienter; (3) that was material; and (4) that caused the Government to pay out money or to forfeit moneys due (i.e., that involved a "claim").
Further, a complaint that presents an FCA claim is subject to the heightened pleading standards of Rule 9 of the Federal Rules of Civil Procedure, because an FCA claim alleges fraud.
Plaintiff claims that the court erred by applying a heightened pleading standard to his FCA claim despite his
Plaintiff further complains that the court should have known that he was in possession of certain "gun range false billings" after he filed his complaint. Plaintiff has attached and summarized some of these documents in his filings related to his motion. However, as plaintiff acknowledges, these "false billings" do not contain the name of the individuals who requested payment, information which is necessary to survive a motion to dismiss.
Plaintiff's case does not present exceptional circumstances and, as a result, the court exercised its discretion and did not appoint counsel to represent him. As plaintiff himself admitted, he sought representation but was unable to find an attorney who would take his case. (Doc. No. 11 at 10). While plaintiff argues that the nature of his case and defendants themselves are exceptional, the court disagrees.
The recusal of the sitting judges does not render this case exceptional, nor does the subject matter. While plaintiff did not name any of the defendant judges, each judge in this district could be considered a defendant to this action. It would be entirely improper for a judge to participate in a case where he or she was a defendant. Plaintiff initiated this litigation, accusing judicial misconduct. He cannot now argue that their subsequent, entirely appropriate recusal renders his case exceptional. The circumstances of plaintiff's action did not, and still do not, impose upon the court a responsibility to appoint counsel to represent him.
Additionally, plaintiff argues that the FCA statutorily mandates hearings prior to dismissal of FCA actions and that the court erred in failing to hold one in this case. However, a hearing is required only when the government voluntarily dismisses or settles an FCA action.
Plaintiff also argues that the FCA requires the Attorney General's consent prior to dismissal. However, like § 3730(c), 31 U.S.C. § 3730(b) requires the Attorney General's assent to dismissal only in those cases dismissed by the parties' consent, rather than substantive dismissals by the court. Accordingly, the Attorney General's consent was unnecessary for the court to dismiss plaintiff's FCA claim.
While the court dismissed plaintiff's complaint as deficient, it also recognizes that plaintiff attempted to seek qui tam relief without following the requirements of the FCA. Under 31 U.S.C. § 3730(b)(2), a party who files an action seeking qui tam relief must serve upon the government his or her complaint "and written disclosure of substantially all material evidence and information the person possesses" pursuant to Federal Rule of Civil Procedure 4(d)(4). Further, the complaint must be filed in camera and must remain under seal for sixty days. While the court recognizes plaintiff's
In his arguments against dismissal, plaintiff insisted that the court remove the United States Attorney's Office from defense of defendant Hughes. The court found that plaintiff's complaint did not state a claim upon which relief could be granted and, as a result, dismissed his complaint. Nevertheless, the court addressed plaintiff's demand that the court disqualify the United States Attorney's Office and found that, even if plaintiff stated a viable claim, disqualification was unnecessary and unwarranted.
A considerable number of the arguments, allegations, and exhibits that plaintiff offers in his motion to alter or amend the court's judgment and corresponding supplement address this finding. However, this finding, as stated above, was not a core conclusion of the court's order dismissing plaintiff's complaint. Even if the court credited all of plaintiff's arguments that the United States Marshals Service engaged in witness obstruction and attempted to entrap plaintiff, (Doc. No. 20, Exh. 1 at 7-8, 9-10), that plaintiff has been the subject of intimidation and pervasive bias,
Finally, plaintiff complains that "[t]he court was premature to dismiss the defendant `Judges' before discovery." (Doc. No. 17, Exh. 1 at 26). However, plaintiff misconstrues the court's order. The court's order did not dismiss any party to this action, but instead, dismissed the action entirely, having concluded that the court cannot exercise subject matter jurisdiction over plaintiff's first claim for injunctive relief and because plaintiff failed to state an FCA claim. Accordingly, this argument lacks merit, as well.
The grant of a motion pursuant to Rule 59(e) is an extraordinary remedy, one which is not required in this case either to correct a clear error of law or to prevent a manifest injustice. Plaintiff's motion and arguments in support thereof represent a clear attempt to relitigate those matters the court has already decided.
Accordingly, for the reasons herein stated, plaintiff's motion to alter or amend the court's judgment pursuant to Rule 59(e), (Doc. No. 17), is