No. 02-4032-SACUnited States District Court, D. Kansas.
January 28, 2003.
ORDER
SAM A. CROW, United States Senior District Judge
The case comes before the court on the plaintiffs’ “Motion to Reopen, Answer and Amend Complaint” filed December 11, 2002. (Dk. 9). The court filed its order on November 6, 2002, dismissing this case without prejudice for lack of prosecution. (Dk. 6). The plaintiff James Witherspoon for himself and other named plaintiffs had responded to the magistrate judge’s show cause order asking for additional time to serve the defendants and offering as cause for the delay Mr. Witherspoon’s lengthy illness and need for medical treatment. The court rejected on several grounds this attempted showing of cause.
The plaintiffs’ pending motion is untimely under Fed.R.Civ.P. 59(e) and fails to articulate any grounds for relief under Fed.R.Civ.P. 60. The plaintiffs attach a letter from Mr. Witherspoon’s physician stating that Mr. Witherspoon has been under the physician’s care “for various medical reasons since February 8, 2001.” (Dk. 10). This cursory letter is not proof of a medical condition so incapacitating as to prevent Mr. Witherspoon or any other plaintiff from attempting service or seeking a timely extension. Indeed, Mr. Witherspoon filed this action during the same period of medical treatment identified in his physician’s letter. The court shall not disturb its finding that the plaintiffs have not shown good cause for an extension of time to serve the defendant.
Because the court dismissed this action before the defendant Calvin Baker filed his answer and cross-claim, there are no pending claims to which the plaintiffs must file an answer. The court denies the plaintiffs’ motion to reopen this case and to amend their complaint. Nor do the additional allegations found in the plaintiffs’ motion afford the court with any factual or legal basis for exercising its limited federal jurisdiction over this dispute.
IT IS THEREFORE ORDERED that the plaintiff’s “Motion to Reopen, Answer and Amend Complaint” (Dk. 9) is denied.