Dunn v. Nevada Supreme Court et al

Filing 12

ORDER. IT IS HEREBY ORDERED that 11 Dunn's Motion to Reconsider is DENIED. Dunn is instructed that this case has been closed and remanded to the state court. Any additional motions that Dunn files in this case will be summarily denied. Signed by Judge Jennifer A. Dorsey on 7/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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John Michael Dunn,

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2:17-cv-00921-JAD-VCF

Petitioner
Order Denying Motion
for Reconsideration

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v.

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Nevada Supreme Court, et al.,

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[ECF No. 11]

Respondents

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John Michael Dunn filed this action to seek a “Federal Intervening Injunction” in his pending

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criminal prosecution in Nevada’s Eighth Judicial District Court.1 I screened Dunn’s petition under

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the Prison Litigation Reform Act (PLRA)2 and dismissed it under Younger v. Harris, which teaches

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that a federal court may not interfere with ongoing state criminal proceedings absent extraordinary

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circumstances.3 Dunn then filed a challenge to that order, which I construed as a Rule 60 motion and

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denied.4 I also remanded this action back to the state court under 28 U.S.C. § 1455.5

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The remand of this case has deprived this court of the ability to continue to entertain motions

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in it, and I must deny Dunn’s second motion for reconsideration [ECF No. 11] for that reason alone.

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Even if I could continue to exercise jurisdiction over this case, I would deny Dunn’s motion because

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his request regurgitates the same arguments and points that he has raised and that I have rejected

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previously. And Dunn has not identified any viable legal basis for reconsideration.

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Accordingly, IT IS HEREBY ORDERED that Dunn’s Motion to Reconsider [ECF No. 11] is

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ECF No. 3.
See 28 U.S.C. § 1915(e).

Younger v. Harris, 401 U.S. 37, 44 (1971); Middlesex Cty Ethics Comm’n v. Garden State Bar
Ass’n, 457 U.S. 423, 431 (1982).

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ECF No. 10.

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Id.
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DENIED. Dunn is instructed that this case has been closed and remanded to the state court.

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Any additional motions that Dunn files in this case will be summarily denied.

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Dated this 6th day of July, 2017.
_________________________________
Jennifer A. Dorsey
United States District Judge

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