White v. Dobrescu et al

Filing 20

ORDER amending ECF No. 5 Screening Order and ECF No. 6 Judgment to reflect that Plaintiff's claims are dismissed without prejudice; denying Plaintiff's ECF No. 14 Motion to Amend; directing Clerk to enter judgment and close case. Signed by Judge Miranda M. Du on 2/15/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MATTHEW SCOTT WHITE,

Case No. 3:13-cv-00680-MMD-WGC

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Plaintiff,

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ORDER

v.
STEVEN L. DOBRESCU, et al.,
Defendants.

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The Court screened Plaintiff’s pro se civil rights amended complaint filed pursuant

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to 18 U.S.C. § 1983 against Judge Steven L. Dobrescu of the Seventh Judicial District

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Court for the State of Nevada and three justices of the Nevada Supreme Court for

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affirming Judge Dobrescu’s decision denying Plaintiff’s for a name change. (ECF No. 5.)

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The Court dismissed Plaintiff’s claims with prejudice because defendants are absolutely

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immune from claims for damages. (Id.) In considering Plaintiff’s appeal, the Ninth Circuit

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Court of Appeals found that dismissal was proper because Plaintiff’s claims are barred by

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the Rooker-Feldman doctrine. (ECF No. 13.) The Ninth Circuit thus affirmed dismissal,

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but reversed and remanded for the Court to enter an order dismissing Plaintiff’s action

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without prejudice.

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In accordance with the remand order, the Court amends its screening order and

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judgment to reflect that Plaintiff’s claims are dismissed without prejudice. (ECF Nos. 5,

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6.)

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Before the Ninth Circuit issued its mandate to return jurisdiction to this Court,

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Plaintiff filed a motion to amend to name the State of Nevada. (ECF No. 14.) The Court

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lacks jurisdiction to address Plaintiff’s motion at the time it was filed. Regardless, Plaintiff’s

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recourse is to file a new action to sue a new party. It is therefore ordered that Plaintiff’s

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motion to amend is denied.

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The Clerk is directed to enter judgment in accordance with this Order and close
this case.
DATED THIS 15th day of February 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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