Hissung v. Aranas et al

Filing 40

ORDER denying Plaintiff's ECF No. 38 Motion to Correct Error. Signed by Judge Robert C. Jones on 2/16/2017. (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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Plaintiff,
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v.
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ROMEO ARANAS et al.,
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Defendants.
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___________________________________ )

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I.

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MICHAEL DAVID HISSUNG,

3:15-cv-00304-RCJ-WGC
ORDER

DISCUSSION

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On September 22, 2016, this Court adopted the report and recommendation of the U.S.

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Magistrate Judge and granted Defendants’ motion to enforce the settlement agreement. (ECF

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No. 32). In light of the settlement agreement, the Court denied Plaintiff’s application to

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proceed in forma pauperis as moot. (ECF No. 36).

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Plaintiff now files a motion for the Court to correct its error in denying Plaintiff’s

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application to proceed in forma pauperis as moot. (ECF No. 38). The Court denies this

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motion to correct. In a previous order, the Court explained that a decision on the application

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to proceed in forma pauperis was deferred in order to give the parties an opportunity to settle

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their dispute before the $350 filing fee was paid. (ECF No. 6 at 2). The Court explained that

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if Plaintiff did not settle his case during the stay, the Court would process the application to

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proceed in forma pauperis and Plaintiff would be required to pay the full $350 filing fee. (Id.

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at 3). In this case, Plaintiff and Defendants settled their case and, thus, the Court correctly

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denied the application to proceed in forma pauperis as moot to prevent Plaintiff from paying

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the $350 filing after settlement.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion to correct error (ECF No.

38) is denied.
Dated: This 16th day of February, 2017.
DATED: This _____ day of January, 2017.

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_________________________________
United States District Judge

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