Ali v. City Of North Las Vegas et al

Filing 46

ORDER Denying 45 Plaintiff's Motion for Court Order to Serve Defendants. Signed by Judge Kent J. Dawson on 11/19/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FALASHA ALI,

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Plaintiff,

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v.

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Case No. 2:10-CV-01690-KJD-PAL

CITY OF NORTH LAS VEGAS, et al.,

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ORDER

Defendants.

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Presently before the Court is Plaintiff’s Motion for Court Order to Serve Defendants (#45).

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On December 20, 2013, the Ninth Circuit Court of Appeals summarily affirmed the Court’s order

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dismissing the claims against all parties other than Defendant City of North Las Vegas. See Order,

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Docket No. 36. Instead, the Ninth Circuit reversed the Court’s judgment against the City of North

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Las Vegas and ordered that those claims be dismissed without prejudice for lack of proper service.

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Id. Mandate (#37) issued on January 14, 2014, and the Court issued its Order on Mandate (#40),

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complying with the order of the Ninth Circuit Court of Appeals and dismissing the claims against the

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City of North Las Vegas without prejudice.

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Defendant then filed an Amended Complaint (#41) in this closed action on May 9, 2014.

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Since this action is closed and all claims have been dismissed, the only appropriate action is for

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Plaintiff to file the claims against the City of North Las Vegas in an entirely new action.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Court Order to Serve
Defendants (#45) is DENIED.
DATED this 19th day of November 2014.

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_____________________________
Kent J. Dawson
United States District Judge

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