Friedman v. Cox et al

Filing 14

ORDER - The # 13 Motion to reopen case is denied. Plaintiff shall initiate a new action by filing his complaint with the Clerk's Office, and by either paying the full filing fee of $400 or filing an IFP application. Clerk shall send Plain tiff the approved IFP Application and instructions. Clerk shall send Plaintiff the approved 1983 form and instructions, and a copy of his proposed amended complaint. ( Forms, instructions and complaint mailed to P 12/23/2015. ) Signed by Judge Miranda M. Du on 12/23/2015. (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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***

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KENNETH A. FRIEDMAN,

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Case No. 3:14-cv-00465-MMD-VPC
Plaintiff,

ORDER

v.
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JAMES GREGG COX et al.,
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Defendants.
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I.

DISCUSSION

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In October 2014, Plaintiff voluntarily dismissed his case because he had not

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exhausted his claims. (Dkt. no. 11.) In December 2014, the Clerk of the Court entered

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judgment. (Dkt. no. 12.)

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On December 21, 2015, Plaintiff filed a motion to reopen this case because he

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had finally exhausted his claims. (Dkt. no. 13 at 1.) Plaintiff attached his proposed

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amended complaint. (Dkt. no. 13-1.)

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The Court denies Plaintiff’s motion to reopen his case. Instead, Plaintiff shall

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open a new case by filing his complaint with the Clerk’s Office. Plaintiff shall also submit

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an application to proceed in forma pauperis or pay the $400 filing fee to the Clerk’s

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Office.

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that the motion to reopen case (dkt. no.

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It is further ordered that Plaintiff shall initiate a new action by filing his complaint

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with the Clerk’s Office and by either paying the full filing fee of $400 or filing an

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application to proceed in forma pauperis.

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It is further ordered that the Clerk of the Court shall send Plaintiff the approved

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form application to proceed in forma pauperis by a prisoner, as well as the document

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entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that the Clerk of the Court shall send to Plaintiff the approved

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form for filing a § 1983 complaint, instructions for the same, and a copy of his proposed

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amended complaint (dkt. no. 1-1).

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DATED THIS 23rd day of December 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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