Daley v. United States Attorney Delawar, 538 F. App'x 142

Daley appeals district court dismissal of his complaint as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) and denial of reconsideration.
District court dismissed as duplicative of prior Daley lawsuits and related allegations in earlier suits.
Daley sought subpoenas for records tied to his criminal proceedings and asked for a district-initiated criminal investigation.
The underlying criminal case against Daley (US v. Richards, D. Del. Crim. No. 1:91-cr-00073) terminated decades ago.
The district court’s May 7, 2013 memorandum order contained its reasoning, not a separate Rule 58(a) judgment; the court later denied reconsideration and Daley filed a timely notice of appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the § 1915(e)(2)(B)(i) dismissal was proper	Daley argues the district court erred	Daley’s action harassed defendants and duplicated prior suits	Dismissal affirmed; action deemed malicious
Whether the appeal is timely and properly raised	Daley contends appeal covers dismissal and reconsideration denial	Rule 58 timing fixed on October 4, 2013; appeal timely	Timely as to both dismissal and reconsideration denial
Whether the reconsideration denial was proper	Reconsideration should have been granted for identified grounds	District court did not identify valid grounds for reconsideration	affirmed; no abuse of discretion

Deutsch v. United States, 67 F.3d 1080 (3d Cir. 1995) (malice requires subjective motivation inquiry)
Tapia-Ortiz v. Winter, 185 F.3d 8 (2d Cir. 1999) (litigation aimed at past criminal proceedings may be harassment)
Pittman v. Moore, 980 F.2d 994 (5th Cir. 1993) (reiterating previously litigated claims as malicious)
Crisafi v. Holland, 655 F.2d 1305 (D.C. Cir. 1981) (repeated claims support malicious finding)
Lazaridis v. Wehmer, 591 F.3d 666 (3d Cir. 2010 (per curiam)) (reconsideration standard and discretion)