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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 MATTHEW SCOTT WHITE, Case No. 3:13-cv-00680-MMD-WGC 10 Plaintiff, 11 12 ORDER v. STEVEN L. DOBRESCU, et al., Defendants. 13 14 The Court screened Plaintiff’s pro se civil rights amended complaint filed pursuant 15 to 18 U.S.C. § 1983 against Judge Steven L. Dobrescu of the Seventh Judicial District 16 Court for the State of Nevada and three justices of the Nevada Supreme Court for 17 affirming Judge Dobrescu’s decision denying Plaintiff’s for a name change. (ECF No. 5.) 18 The Court dismissed Plaintiff’s claims with prejudice because defendants are absolutely 19 immune from claims for damages. (Id.) In considering Plaintiff’s appeal, the Ninth Circuit 20 Court of Appeals found that dismissal was proper because Plaintiff’s claims are barred by 21 the Rooker-Feldman doctrine. (ECF No. 13.) The Ninth Circuit thus affirmed dismissal, 22 but reversed and remanded for the Court to enter an order dismissing Plaintiff’s action 23 without prejudice. 24 In accordance with the remand order, the Court amends its screening order and 25 judgment to reflect that Plaintiff’s claims are dismissed without prejudice. (ECF Nos. 5, 26 6.) 27 Before the Ninth Circuit issued its mandate to return jurisdiction to this Court, 28 Plaintiff filed a motion to amend to name the State of Nevada. (ECF No. 14.) The Court 1 lacks jurisdiction to address Plaintiff’s motion at the time it was filed. Regardless, Plaintiff’s 2 recourse is to file a new action to sue a new party. It is therefore ordered that Plaintiff’s 3 motion to amend is denied. 4 5 6 The Clerk is directed to enter judgment in accordance with this Order and close this case. DATED THIS 15th day of February 2017. 7 8 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 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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