Jones v. Department of Corrections et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
DARIN LEE JONES,
Plaintiff,
v.
DEPARTMENT OF CORRECTIONS,
DR. LORANCE, and DR. HALGUM,
Defendants.
Case No. 3:23-cv-00198-SLG-KFR
ORDER OF DISMISSAL
On January 19, 2024, self-represented prisoner Darin Lee Jones filed a
Notice of Voluntary Dismissal.1 A Notice of Voluntary Dismissal is ordinarily
effective without an order from the Court.2 Plaintiff’s Notice of Voluntary Dismissal
is accepted, and the Clerk shall close this case.
This order addresses the following statement in the notice: “At this time it
would be out of my means to try to do a malpractice, I am reserving the right to
amend this complaint within the 2 years from this dismissal.”3 Plaintiff does not
have a right to file an amended complaint in this case. A voluntary dismissal does
not preclude a plaintiff from seeking relief in the future by filing a new lawsuit.4
1 Docket 8.
2 Fed. R. Civ P. 41(a)(1)(A)(i).
3 Id.
4 See Federal Rule of Civil Procedure 41(a).
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Order of Dismissal
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However, contrary to Mr. Jones’s assertion in his notice, a plaintiff does not have
the right to file an amended complaint in a closed case, either within two years or
at any other time. Further, a plaintiff has no right to extend an applicable statute of
limitations by request. Because Section 1983 does not contain its own statute of
limitations, federal courts apply the forum state’s statute of limitations for personal
injury actions, along with the forum state's law regarding tolling, including equitable
tolling, except to the extent any of these laws is inconsistent with federal law.5
A statute of limitations bars claims after a specified time based on the date
when the claim accrued (when the injury occurred or was discovered).6 Equitable
tolling may apply if a plaintiff files a suit first in one court and then refiles in another,
such that the statute of limitations will not run while the litigation was pending in
the first court.7 The statute may be equitably tolled if (1) pursuit of the initial remedy
gives the defendant notice of the plaintiff's claim, (2) the defendant's ability to
5 Butler v. Nat’l Cmty. Renaissance of Cal., 766 F.3d 1191, 1198 (9th Cir. 2014). See
also Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir.2009) (“State law governs the statute of
limitations period for § 1983 suits and closely related questions of tolling.”).
6 STATUTE OF LIMITATIONS, Black's Law Dictionary (11th ed. 2019). See also John's Heating
Serv. v. Lamb, 46 P.3d 1024, 1031 n. 14 (Alaska 2002) (“The date on which the statute of
limitations begins to run is usually the ‘date on which the plaintiff incurs injury.’ ” (quoting Russell
v. Municipality of Anchorage, 743 P.2d 372, 375 (Alaska 1987))).
7 EQUITABLE TOLLING, Black's Law Dictionary (11th ed. 2019).
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Case No. 3:23-cv-00198-SLG, Jones v. Department of Corrections, et al.
Order of Dismissal
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gather evidence is not prejudiced by the delay, and (3) the plaintiff acted
reasonably and in good faith.8
In Alaska, the statute of limitations for personal injury claims, such as a
medical malpractice claim, is two-years.9 Unless a plaintiff can demonstrate a
basis for tolling, the statute of limitations continues to run, generally from the date
on which the injury occured. If a claim is not filed within the applicable statute of
limitations, dismissal is proper even if the plaintiff is self-represented.10
IT IS THEREFORE ORDERED:
1. This action is DISMISSED without prejudice.
2. Any pending motions are DENIED as moot.
3. The Clerk of Court shall close this case.
DATED this 25th day of January, 2024.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
8 Kaiser v. Umialik Ins., 108 P.3d 876, 881 (Alaska 2005).
9 Alaska Statute § 09.10.070.
10 Robinson v. Alaska Hous. Fin. Corp., 442 P.3d 763, 766, 769 (Alaska 2019) (dismissing self-
represented plaintiff's complaint for failure to bring tort claim within two years of cause of
action's accrual).
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