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Jose MacAiba Canell v. Ken McClain
Citations: 156 F.3d 1243; 1998 U.S. App. LEXIS 28909; 1998 WL 458531Docket: 97-3281
Court: Court of Appeals for the Tenth Circuit; August 6, 1998; Federal Appellate Court
Jose Macaiba-Canell, the Plaintiff-Appellant, appeals the district court's denial of his motion for rehearing, which was treated as a motion under Fed. R. Civ. P. 60(b)(6). The Tenth Circuit, with jurisdiction under 28 U.S.C. 1291, reviewed the case and affirmed the district court's decision, applying an abuse of discretion standard. Macaiba-Canell's complaint, filed on April 9, 1997, alleged injury by a corrections officer from an incident on June 28, 1992. The district court dismissed the case under 28 U.S.C. 1915(e)(2)(B)(ii), concluding that the claim was time-barred by Kansas's two-year personal injury statute (Kan. Stat. Ann. 60-513(a)(4)). The appellate court found that the complaint's face indicated the claim was indeed time-barred and upheld the district court's decision, noting that Macaiba-Canell's arguments for tolling the statute were insufficient. The panel unanimously determined that oral argument was unnecessary for resolving the appeal. The judgment, while not binding precedent, is subject to the doctrines of law of the case, res judicata, and collateral estoppel. The court also noted the general disfavor of citing orders and judgments, although they can be cited under specific conditions of the Tenth Circuit Rules.