Axson v. Ortiz

Filing 26

OPINION AND ORDER re 24 MOTION for Reconsideration re 22 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Defendant United States of America. Defendant DIRECTED to file a notice of correction of the clerical error if it wishes to pursue its Motion for Reconsideration. Signed by Chief Judge Theresa L Springmann on 7/6/17. (Copy mailed to pro se party).(cer)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA CASSANDRA AXSON, Plaintiff, v. JORGE ORTIZ, (United States of America in substitution For Jorge Ortiz, effective as of 10/5/16) Defendant. ) ) ) ) ) ) ) ) ) ) ) CAUSE NO.: 1:16-CV-343-TLS OPINION AND ORDER This matter is before the Court on the Government’s Motion for Reconsideration [ECF No. 24] and Memorandum of Law in Support of the Motion for Reconsideration [ECF No. 25], both filed on May 25, 2017. Upon review of the Government’s briefings, it is the Court’s understanding that the Government is requesting reconsideration of the Court’s May 18, 2017 Order [ECF No. 22], which dismissed the Plaintiff’s Complaint [ECF No. 4] without prejudice. The Government argues that the Plaintiff should not be given leave to refile and thus, appears to seek dismissal of the Complaint with prejudice. However, the Government’s briefings include a clerical error requesting the Court to dismiss the Complaint without prejudice.1 Accordingly, the Court directs the Government to file a notice of correction of the clerical error if it wishes to pursue its Motion for Reconsideration. 1 (See Mem. of Law in Supp. of Mot. to Recons. 1 (“This [C]ourt should reconsider its order allowing Plaintiff to amend the complaint and dismiss the entire complaint in tota[l] without prejudice”), ECF No. 25; Id. at 9 (“[T]his Court should dismiss Plaintiff’s suit without prejudice and terminate the case.”). SO ORDERED on July 6, 2017. s/ Theresa L. Springmann CHIEF JUDGE THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT 2

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