Cooper v. Summerlin Hospital Medical Center

Filing 8

ORDER Denying without prejudice Plaintiff's Motion for Reconsideration (ECF No. 7 ). IT IS FURTHER ORDERED that this case is dismissed without prejudice. Plaintiff will have until May 6, 2021 to file a motion for reconsideration which attaches an amended complaint which establishes this Court's jurisdiction. The Clerk of Court is instructed to close this case. Signed by Judge Richard F. Boulware, II. (Copies have been distributed pursuant to the NEF - BEL)

Case 2:19-cv-01210-RFB-DJA Document 8 Filed 03/31/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSEPH COOPER,

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Case No. 2:19-cv-01210-RFB-DJA
Plaintiff,

ORDER

v.
SUMMERLIN HOSPITAL MEDICAL
CENTER,
Defendant.

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Before the Court is Plaintiff’s Motion for Reconsideration (ECF No. 17). The Court has
discretion to grant or deny a motion for reconsideration. Navajo Nation v. Norris, 331 F.3d 1041,
1046 (9th Cir. 2003). Motions for reconsideration are disfavored, and a movant may not repeat
arguments already presented. D. Nev. Civ. R. 59-1(b). Conversely, “A motion for reconsideration
may not be used to raise arguments or present evidence for the first time when they could
reasonably have been raised earlier in the litigation.” Marlyn Nutraceuticals, 571 F.3d at 880
(internal quotations and citations omitted).
The Court has reviewed the record and does not find that it committed error when it denied
Plaintiff’s application.
The Court also has an obligation to determine whether it has jurisdiction over the case. The
Court has reviewed the Complaint in this case and does not find that it establishes this Court’s
jurisdiction over this matter. Plaintiff’s Complaint appears to be asserting a claim based upon
improper medical treatment and argues that 25 U.S.C. § 13 creates a cause of action for such a
claim. The Court does not find that this federal statute creates such a claim. The Court therefore
finds that it does not have jurisdiction over this matter. The Court therefore dismisses this case

Case 2:19-cv-01210-RFB-DJA Document 8 Filed 03/31/21 Page 2 of 2

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without prejudice. Plaintiff will be given an opportunity to file a motion for reconsideration which

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attaches an amended complaint which establishes this Court’s jurisdiction.

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IT IS THEREFORE ORDERED that Plaintiff’s Motion for Reconsideration (ECF No.
7) is DENIED without prejudice.

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IT IS FURTHER ORDERED that this case is dismissed without prejudice. Plaintiff will

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have until May 6, 2021 to file a motion for reconsideration which attaches an amended complaint

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which establishes this Court’s jurisdiction. The Clerk of Court is instructed to close this case.

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DATED: March 31, 2021.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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