Inmate Manila’s complaint found not frivolous

Reynaldo A. Manila’s complaint that he may be losing his vision due to the negligence of the Department of Corrections was found not frivolous, but he was told to amend his lawsuit and name defendants.

Manila has sought help from the federal court after his eye surgery at the Commonwealth Health Center last September was allegedly unsuccessful and that he is worried he is losing his vision.

In her order on Monday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said that Manila’s complaint fails to identify by name the persons or entities against whom he is complaining. She instructed Manila to amend his complaint by naming a defendant or defendants.

Manglona said the complaint mentions various Corrections officials and medical officers, but it is not the court’s place to presume which if any of these persons Manila believes to be at fault.

Until Manila names his defendants, his case cannot proceed, Manglona said, adding that the proper course is for the court to give Manila the opportunity to do so, rather than dismiss the complaint.

Manglona ordered Manila to specifically identify the persons whom he is suing within 14 days. If he fails to do so, his case will be dismissed.

Once he does what the court orders, the court will grant his application to proceed without repayment of fees, allow the amendment, and order the U.S. Marshals to serve the complaint on the defendant or defendants so that the matter may proceed.

According to court documents, Manila wrote Manglona last Dec. 6 explaining his eye problem and begging for assistance as he cannot afford to pay a lawyer to represent him.

U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy wrote back to Manila last Jan. 2 at Manglona’s instruction.

Kennedy told Manila that the court is not allowed to give legal advice, but that if he wishes to file a civil complaint concerning his treatment while incarcerated, the clerk’s office staff can help him with court procedures and forms.

Kennedy said Manila may file a complaint by himself without a lawyer and he may apply to proceed without prepaying court fees.

Manila wrote back last Jan. 29 to Manglona and Kennedy, expressing his appreciation for giving him a response.

In December 2015, the CNMI Board of Parole voted to commute the 60-year prison sentence slapped on Manila, who was convicted in 2002 for the death of his 6-month-old goddaughter.

Manila, now 56 years old, has been serving 17 years of a 60-year prison term.

In January 2016, Gov. Ralph DLG Torres decided against commutation at the advice of the Office of the Attorney General and the Department of Public Safety.

Manila was 39 years old when then-Superior Court associate judge Virginia Sablan-Onerheim sentenced him in June 2002 to 60 years in prison for second-degree murder over the death of the infant.

The baby lingered in the hospital for several days before dying on Nov. 6, 2000. The baby’s parents, who are Filipinos, have six children, including the infant who died in this case.

A jury found Manila guilty of second-degree murder and child abuse.

At the sentencing, Manila insisted he did not kill the child.

Then-chief prosecutor Clyde Lemons noted that a doctor testified that the baby had 11 bruises on the back of her head consistent with blunt force trauma or being hit with an object. Lemons said the doctor testified that the baby was shaken “very hard,” consistent with shaken baby syndrome.