Bumphus v. Maricopa County Community College District et al

Filing 8

ORDER that Plaintiff's 7 Motion to Reopen Case is denied. Signed by Judge David G Campbell on 07/01/11.(ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV10-1522 PHX DGC

John Dan Bumphus, Jr.,

ORDER

Plaintiff,

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vs.

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Maricopa County
District, et al.,

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Community

College

Defendants.

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Plaintiff pro se’s action was terminated on March 18, 2011 for failure to serve the

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summons and complaint. Docs. 4, 6. On May 24, 2011, Plaintiff moved to reopen the

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case on grounds that Plaintiff has been waiting for a court ruling in another case, No. CIV

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09-2606-PHX-SRB, in order to “amend, file and serve the parties in this litigation.”

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Doc. 7 at 1. Plaintiff asserts that the “litigation process began to move along again in

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April of 2011 and, now the pro se plaintiff is prepared to proceed as necessary in this

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matter.” Id. Plaintiff fails to explain how the absence of a ruling in another case in this

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district stood as a barrier to Plaintiff serving the summons and complaint in this case,

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why amendment was required prior to service of the original summons and complaint,

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and why the presence of the ruling in the other case now entitles the Plaintiff to reopen

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this case.1 The motion to reopen will therefore be denied.

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Court records also show that Plaintiff’s complaint in the other case was

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IT IS ORDERED that Plaintiff’s motion (Doc. 7) is denied.

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Dated this 1st day of July, 2011.

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dismissed with prejudice on June 7, 2011. No. CIV 09-2606-PHX-SRB, Docs. 50, 51.
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