Fishman v. Spring Valley Apts

Filing 7

ORDER. On the Court's own motion, that portion of the Clerk's Judgment 6, re: 5 Order, entered herein at the undersigned's request, that dismisses this lawsuit with prejudice is hereby Vacated. This lawsuit is dismissed without prejudice for lack of subject-matter jurisdiction and without leave to refile an amended complaint in this federal court. Signed by Judge Lawrence O Anderson on 6/12/07. (REW, )

Fishman v. Spring Valley Apts

Doc. 7

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Stanley Fishman, Plaintiff, vs. Spring Valley Apartments, Defendant.

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No. CV-07-1105-PHX-LOA ORDER

On the Court's own motion, IT IS ORDERED, pursuant to Rule 59(d), FED.R.CIV.P., that portion of the Clerk's Judgment (docket # 6), entered herein at the undersigned's request, that dismisses this lawsuit with prejudice1 is hereby VACATED. IT IS FURTHER ORDERED that this lawsuit is DISMISSED without /// /// ///

Ordinarily, a case dismissed for lack of subject matter jurisdiction should be dismissed without prejudice so that a plaintiff may reassert his claims in a competent court. Black v. Payne, 591 F.2d 83, 86 (9th Cir.), cert. denied, 444 U.S. 867, 100 S.Ct. 139, 62 L.Ed.2d 90 (1979); Frigard v. United States, 862 F.2d 201, 204 (9th Cir.1988).
Case 2:07-cv-01105-LOA Document 7 Filed 06/13/2007 Page 1 of 2
Dockets.Justia.com

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prejudice for lack of subject-matter jurisdiction and without leave to refile an amended complaint in this federal court. DATED this 12th day of June, 2007.

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