Burriola v. State of Nevada et al

Filing 17

ORDER. IT IS ORDERED that the Clerk of Court vacate the dismissal 15 order and 16 judgment in this case. IT IS FURTHER ordered that the Court will issue a screening order on the 14 first amended complaint in a separate order in the future. Signed by Judge Richard F. Boulware, II on 11/18/2020. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:19-cv-01936-RFB-NJK Document 17 Filed 11/18/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ANTHONY BURRIOLA, Case No. 2:19-cv-01936-RFB-NJK 4 Plaintiff, 5 6 STATE OF NEVADA et al., 7 8 Defendants. I. 9 10 11 12 13 16 17 18 Plaintiff failed to file a first amended complaint in compliance with this Court’s prior order. (ECF No. 15). However, on that same day, Plaintiff filed his first amended complaint. (ECF No. 14). The Clerk of the Court entered judgment on November 17, 2020 and closed the case. (ECF No. 16). It appears that Plaintiff filed his first amended complaint at the same time that the Court docketed its dismissal order. The Court now vacates the dismissal order (ECF No. 15) and judgment (ECF No. 16) and reopens this case. The Court will screen the first amended complaint (ECF No. 14) in a separate screening order in the future. II. 19 20 order (ECF No. 15) and judgment (ECF No. 16) in this case. It is further ordered that the Clerk of Court reopen this case. 22 24 25 26 27 CONCLUSION For the foregoing reasons, it is ordered that the Clerk of Court vacate the dismissal 21 23 DISCUSSION On November 16, 2020, this Court dismissed this action with prejudice because 14 15 ORDER v. It is further ordered that the Court will issue a screening order on the first amended complaint (ECF No. 14) in a separate order in the future. /// /// /// /// 28 1 Case 2:19-cv-01936-RFB-NJK Document 17 Filed 11/18/20 Page 2 of 2 1 2 It is further ordered that the Clerk of the Court reinstate the application to proceed in forma pauperis (ECF No. 6) as an active, pending motion. 3 4 DATED THIS 18th day of November 2020. 5 6 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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