Banks v. Naphcare

Filing 14

ORDER that the Court would grant 6 and 9 MOTIONS for reconsideration if the court of appeals remands for that purpose. Signed by Chief Judge Robert C. Jones on 10/15/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GREGORY BANKS,

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Plaintiff,

Case No. 2:13-cv-00324-RCJ-PAL

vs.

ORDER

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NAPHCARE, et al.,

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Defendants.

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Before the court are plaintiff’s motions to reconsider (#6, #9). Because this action is on
appeal, this court lacks authority to grant the motion, but it may:

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(1) defer considering the motion;

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(2) deny the motion; or

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(3) state either that it would grant the motion if the court of appeals remands for that purpose
or that the motion raises a substantial issue.

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Fed. R. Civ. P. 62.1(a). The court dismissed the action for non-payment of the initial partial filing

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fee, but the court’s records show that plaintiff has paid the filing fee. Under the circumstances,

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reinstatement of the action would be warranted.

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IT IS THEREFORE ORDERED that the court would grant the motions for reconsideration
(#6, #9) if the court of appeals remands for that purpose.
Dated:

This 15th day of October, 2013.

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_________________________________
ROBERT C. JONES
Chief United States District Judge