England v. State of Nevada et al

Filing 14

ORDER Granting Plaintiff's 13 Motion for Reconsideration. The Clerk of the Court shall vacate the 9 dismissal order and 10 entered in this case and reopen the case. Within 30 days from the date of this order Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for nonprisoners or (2) pay the full filing fee of $400. Signed by Judge Andrew P. Gordon on 8/4/2017. (Copies have been distributed pursuant to the NEF - non prisoner IFP instructions/form mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM ENGLAND,

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Plaintiff,

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Case No. 2:17-cv-00714-APG-CWH
ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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I.

DISCUSSION

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On July 21, 2017, this Court dismissed Plaintiff’s case, without prejudice, for failure

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to file an updated address in compliance with this Court’s June 2017 order. (ECF No. 9).

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On July 28, 2017, Plaintiff filed a notice of his change of address. (ECF No. 12).

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On August 1, 2017, Plaintiff filed a motion for reconsideration to reopen Plaintiff’s

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case. (ECF No. 13). Based on the allegations in the motions, Plaintiff filed a change of

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address with the Court in April 2017 when he left prison. (Id. at 1-2). However, the Court

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did not receive that notification. (Id. at 2). In July 2017, Plaintiff called the Clerk’s Office

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regarding the status of his case. (Id.) The Clerk’s Office told him that they had not

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received his change of address notice and that he should file one. (Id. at 2). On July 28,

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2017, Plaintiff went to the courthouse in person to file his change of address notice when

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he learned that his case had been closed. (Id.) Plaintiff asks the Court to reconsider its

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dismissal and to reopen his case. (Id.)

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The Court grants Plaintiff’s motion for reconsideration and reopens the case. The

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Court now directs Plaintiff to file an application to proceed in forma pauperis for non-

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prisoners. The Court will place Plaintiff’s case back in line for screening and will issue a

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separate screening order on Plaintiff’s complaint. The screening process will take several

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months.

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that the motion for reconsideration (ECF

No. 13) is granted.
It is further ordered that the Clerk of the Court shall vacate the dismissal order and
judgment (ECF No. 9, 10) entered in this case and reopen the case.

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It is further ordered that the Clerk of the Court shall send Plaintiff the approved

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form application to proceed in forma pauperis by a non-prisoner, as well as the document

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entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that within thirty (30) days from the date of this order, Plaintiff

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shall either: (1) file a fully complete application to proceed in forma pauperis for non-

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prisoners; or (2) pay the full filing fee of $400.

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It is further ordered that, if Plaintiff fails to timely comply with this order, the Court
will dismiss this case without prejudice.
Dated: August 4, 2017.

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UNITED STATES DISTRICT JUDGE

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