DISTRICT Court for the NMI Chief Judge Ramona V. Manglona on Friday dismissed with prejudice the lawsuit filed by Zaji O. Zajradhara against Commonwealth Covid-19 Emergency Rental Assistance Program Administrator Ephiphanio “Epi” Cabrera and employee Dana Calvo.
“With prejudice” means the lawsuit cannot be refiled.
In her three-page order, Judge Manglona said, “The balance of five factors warrants in favor of dismissing the case with prejudice” for Zajradhara’s failure to prosecute.
“The first two factors — the public’s interest in expeditious resolution of litigation and the court’s need to manage its docket — tip in favor of dismissing the case with prejudice because although the court dismissed plaintiff’s original complaint and ordered him to file a first amended complaint over four months ago, he has yet to do so,” the judge said.
“There is no risk that a dismissal with prejudice to plaintiff would prejudice defendants Epiphanio Cabrera Jr. and Dana Calvo,” the judge added.
The court “finds [that] less drastic alternatives do not exist as plaintiff has failed to heed the court’s several warnings that failure to file an amended complaint will result in dismissal of his case.”
“While the factor of public policy favoring disposition of the merits weighs against dismissal,” the court added, “it does not weigh against the other factors supporting dismissal.”
Judge Manglona directed the clerk to close the case.
Previously, she ordered Zajradhara to show cause, in writing, no later than Dec. 16, 2022, why his lawsuit should not be dismissed with prejudice.
On Aug. 18, 2022, the judge granted Zajradhara’s request to file his lawsuit without paying court fees, but dismissed his complaint and gave him time to amend his lawsuit.
Zajradhara, proceeding pro se or without legal counsel, was provided until Sept. 19, 2022, to file his first amended complaint.
On the same day, Zajradhara asked the court for a 30-day extension, which was granted and was due on Oct. 18, 2022.
But Zajradahra did not file an amended complaint.
In a previous motion, he accused Judge Manglona of judicial misconduct in the handling of the lawsuits he filed. He said the judge should recuse herself from his case, but his request was denied.
Background
In his complaint, Zajradahra named Cabrera and Calvo as defendants and claimed that the CNMI government: 1) was misusing, misdirecting, and/or misappropriating federal funds intended for recipients of the Commonwealth Covid-19 Emergency Rental Assistance or CCERA Program; 2) was discriminating against him “as evidenced by illegal actions it had taken against him in violation of § 1983”; 3) overtly retaliated against him as a “minority American citizen” for bringing attention to “rampant visa fraud, misuse of the visa system,” and “illegal registering of CW-1 workers as business owners”; and 4) unjustly denied payment of his telephone and internet bill despite utilities being covered under the CCERA.
Zajradhara sought relief in the form of: 1) an injunction compelling the CNMI government to pay “all CCERA rental unit telephone and Internet” utility bills; 2) a cease-and-desist order against the CNMI government to stop harassing him; 3) an audit of all programs and funding uses under the CCERA; and 4) monetary damages for pain, suffering, inconvenience, and loss of income if the CNMI does not respond in timely fashion and his telephone and internet services are disconnected.
He said he filed the claim on behalf of himself and “the general public.”
