Schuett v. US Marshall Service et al

Filing 25

ORDER granting Petitioner's 24 Motion for District Judge to Reconsider Order re 22 Order Dismissing Case. Court's 22 Order and 23 Judgment of Dismissal are vacated; matter shall be Reopened. Petitioner's amended petition is due 90 days from entry of this Order as required by previous 21 Order. Signed by Judge Richard F. Boulware, II on 9/29/2017. (Copies have been distributed pursuant to the NEF - BEL) (Main Document 25 replaced on 9/30/2017) (BEL).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 CLIFFORD J. SCHUETT, 8 Case No. 2:15-cv-00253-RFB-GWF Petitioner, ORDER 9 vs. 10 11 12 US MARSHALL SERVICE, et al., Respondents. 13 14 This matter having come before the Court on petitioner’s motion (ECF No. 24) to reopen 15 the matter (styled and docketed as objections), which was filed within the time to seek relief 16 under Rule 59 of the Rules of Civil Procedure, and out of an abundance of caution, 17 IT IS ORDERED that petitioner’s motion (ECF No. 24) is GRANTED, that the prior order 18 and judgment of dismissal (ECF Nos. 22 and 23) hereby are VACATED, and that this matter 19 shall be REOPENED. 20 IT FURTHER IS ORDERED that the Clerk of Court shall send a copy of this order and 21 ECF No. 21 to petitioner at the FCI Petersburg address reflected in petitioner’s last filing (noting 22 same in either the notice of electronic filing or the docket entry for this order). 23 IT FURTHER IS ORDERED that petitioner shall have ninety (90) days from entry of this 24 order within which to file an amended petition as required by the prior order (ECF No. 21). This 25 action again will be dismissed if petitioner does not timely do so. 26 DATED: September 29, 2017. 27 28 _________________________________ RICHARD F. BOULWARE, II United States District Judge

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