Braunstein v. Sandoval et al

Filing 15

ORDERED that the portion of the # 3 Screening Order dismissing the complaint with prejudice rather than without prejudice is VACATED. FURTHER ORD that the # 5 Judgment entered on June 6, 2012, is VACATED. FURTHER ORD that this action is DISMISSED without prejudice. FURTHER ORD that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Larry R. Hicks on 9/25/2012. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit., per 13 USCA Order. USCA case 12-16358. ) (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEVEN BRAUNSTEIN,
#64697

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Plaintiff,
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vs.
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BRIAN SANDOVAL, et al.,
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Defendants.
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3:12-cv-00235-LRH-WGC
ORDER

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On June 5, 2012, the court issued an order dismissing plaintiff’s pro se civil rights complaint

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with prejudice for failure to state any claims for which relief may be granted (ECF #3). Judgment was

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entered on June 6, 2012 (ECF #5). On June 12, 2012, plaintiff filed a notice of appeal (ECF #6). On

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June 29, 2012, the court noted sua sponte that the judgment should have directed dismissal without

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prejudice rather than with prejudice of the Heck-barred claims (ECF #11). On September 12, 2012, the

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Ninth Circuit Court of Appeals remanded the matter to this court for the limited purpose of reconsidering

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the judgment (ECF #13).

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IT IS THEREFORE ORDERED that the portion of the Screening Order (ECF #3) dismissing
the complaint with prejudice rather than without prejudice is VACATED.

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IT IS FURTHER ORDERED that the judgment entered on June 6, 2012 (ECF #5), is
VACATED.

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this
case.

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DATED this 25th day of September, 2012.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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