Augborne v. Filson et al

Filing 8

ORDER it is ordered that Plaintiff's letter ECF No. 7 is construed as a motion for reconsideration to reopen this case; the motion for reconsideration ECF No. 7 is granted; Clerk directed to vacate the dismissal order and judgment ECF No. 4 , 5 and reopen this case; the Court will rule on the application to proceed in forma pauperis ECF No. 6 and screen the complaint ECF No. 1 -1 in a separate order. Case reopened. Signed by Judge Miranda M. Du on 08/28/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIT F. AUGBORNE, III,

Case No. 3:17-cv-00393-MMD-VPC
Plaintiff,

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ORDER

v.
FILSON et al.,

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Defendants.

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I.

DISCUSSION

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On August 8, 2017, this Court dismissed Plaintiff’s case without prejudice and

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entered judgment accordingly because Plaintiff failed to file a fully complete application

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to proceed in forma pauperis or pay the filing fee as directed by this Court’s June 27, 2017

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order. (ECF No. 4, 5.) On August 14, 2017, Plaintiff filed a fully complete application to

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proceed in forma pauperis. (ECF No. 6.) On August 25, 2017, Plaintiff filed a letter

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“claiming excusable delay due to the fact that [he] had to wait for the six-month financial

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statement in order to submit the motion to proceed in forma pauperis.” (ECF No. 7 at 1.)

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Plaintiff also states that he did submit the information prior to the 30-day period to prison

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officials pursuant to a brass slip. (Id.)

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The Court construes Plaintiff’s August 25, 2017 letter as a motion for

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reconsideration to reopen the case. The Court grants the motion for reconsideration,

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vacates the dismissal order, and reopens this case. The Court finds that the operative

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application to proceed in forma pauperis is located at ECF No. 6. The Court will screen

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Plaintiff’s complaint in the future and issue a separate order. The screening process may

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take several months.

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that Plaintiff’s letter (ECF No. 7) is

construed as a motion for reconsideration to reopen this case.

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It is further ordered that the motion for reconsideration (ECF No. 7) is granted. The

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Clerk of the Court will vacate the dismissal order and judgment (ECF No. 4, 5) and reopen

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this case.

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It is further ordered that the Court will rule on the application to proceed in forma
pauperis (ECF No. 6) and screen the complaint (ECF No. 1-1) in a separate order.
DATED THIS 28th day of August 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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