Binford v. Carter
- Paul Magnuson
- 0:23-cv-01785
- U.S. District Court · District of Minnesota
- 5
In Binford v. Carter, Judge Magnuson vacated an earlier dismissal, then dismissed the case without prejudice because the complaint failed to state a federal claim.
Exavir Binford's case was dismissed without prejudice, although the earlier dismissal and judgment were vacated; Binford remains responsible for paying the remaining $297.00 filing-fee balance. The named defendants were not required to respond to claims that were dismissed at screening.
What happened
In Binford v. Carter, the court found that Exavir Binford had timely paid the required initial filing fee, but an administrative error made it appear that he had not. The court therefore vacated its earlier dismissal and the judgment that followed it.
Binford alleged that Mayor Melvin Carter, Andy Rodriguez, and Saint Paul Parks & Recreation failed to protect him from a dangerous workplace where he was assaulted, threatened, and intimidated. He also alleged emotional distress, pain, suffering, and damage to his reputation.
Judge Magnuson ruled that the complaint did not adequately state a federal claim and that any state-law claims lacked a basis for federal jurisdiction. He dismissed the case without prejudice and ordered Binford to pay the remaining $297 of the filing fee in installments.
The detailed version
- Binford v. Carter · No. 0:23-cv-01785
- Paul Magnuson
- Oct. 3, 2023
Background
On July 10, 2023, Magistrate Judge David T. Schultz ordered Exavir Binford to pay an initial partial filing fee of at least $52.40 within 21 days if he wished to continue the case. The court received Binford's $53.00 payment on July 19, 2023, but an administrative error prevented the payment from being recorded on the docket at that time. Because the docket appeared to show that Binford had not paid on time, the case was dismissed for failure to prosecute, and a judgment was entered.
Why the Earlier Dismissal Was Vacated
Under Federal Rule of Civil Procedure 60(b)(1), a court may vacate a judgment based on a mistake. The court determined that Binford had not failed to prosecute the case and that the apparent lack of diligence resulted from an administrative error not attributable to him. The court therefore vacated the September 6, 2023, dismissal order and judgment.
Screening of the Complaint
After vacating the earlier dismissal, the court reviewed the complaint under 28 U.S.C. § 1915A, which requires screening of a prisoner's complaint seeking relief from a governmental entity or its officials. The court must dismiss claims that are frivolous, fail to state a claim for relief, or seek money from an immune defendant.
Binford's one-page complaint alleged that Mayor Melvin Carter, Andy Rodriguez, and Saint Paul Parks & Recreation failed to protect him from a dangerous work environment in which he was physically assaulted, beaten, intimidated, and threatened. He also alleged defamation, emotional stress, pain, and suffering arising from a hostile workplace.
The court concluded that these allegations did not appear to establish a violation of federal law. To the extent Binford intended to bring a claim under 42 U.S.C. § 1983, the complaint did not allege that Carter or Rodriguez were personally responsible for the alleged failure to protect him. It also did not allege an official policy or unofficial custom that could support liability for the City of Saint Paul or the Saint Paul Parks & Recreation Department. The allegations concerning workplace safety were also too limited to establish a violation of a specific federal workplace-safety statute.
The court further noted that the complaint did not identify a federal cause of action. To the extent Binford sought relief under state law, the complaint did not show a basis for the court's original jurisdiction, and the court could not exercise supplemental jurisdiction over those claims at this stage.
Disposition
The court dismissed the case without prejudice under 28 U.S.C. § 1915A(b): the federal-law claims were dismissed for failure to state a claim, and any state-law claims were dismissed for lack of jurisdiction. Judge Paul A. Magnuson also ordered Binford to pay the unpaid balance of the statutory filing fee, $297.00, through installment payments. The court directed the clerk to notify the authorities at the institution where Binford was confined.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.