REARDON v. STATE OF NEW JERSEY et al

Filing 41

MEMORANDUM OPINION & ORDER directing the Clerk to REOPEN this case; denying 36 Motion to Set Aside the Order of Dismissal of this Case and for Leave to Amend; directing the Clerk to re-close this case. Signed by Judge Noel L. Hillman on 7/2/2015. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOHN E. REARDON,

Plaintiff,
v.
STATE OF NEW JERSEY, et al.,
Defendants.

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Civ. No. 13-5363
(NLH)(AMD)

MEMORANDUM OPINION & ORDER

Appearances:
JOHN E. REARDON
1 JOANS LANE
BERLIN, NJ 08009
Pro Se Plaintiff
BRIAN P. WILSON
STATE OF NEW JERSEY
OFFICE OF THE ATTORNEY GENERAL
DIVISION OF LAW
25 MARKET STREET
P.O. BOX 112
TRENTON, NJ 08625
Attorney for Defendants State of New Jersey, the Hon. Victor
Ashrafi, J.A.D., the Hon. Margaret M. Hayden, J.A.D., the Hon.
Edith K. Payne, J.S.C., the Hon. Anthony M. Pugliese, J.S.C. and
the Hon. Ronald J. Freeman, J.S.C. (retired)
HILLMAN, District Judge
WHEREAS, on January 7, 2015, this Court having denied
plaintiff’s second motion for leave to file an amended complaint
[26] and plaintiff’s motion for reconsideration of the Court’s
June 27, 2014 Opinion dismissing his complaint and denying his
first motion for leave to file an amended complaint [22]; and
On February 6, 2015, plaintiff having filed two motions,

which were docketed on February 9, 2015:
(1)

“MOTION to Set Aside the Order of Dismissal of this Case

and for Leave to Amend” [36], and
(2)

“MOTION for Relief Under F.R.Civ.Proc. 60(b)(1)” [37];

and
On February 20, 2015, plaintiff having sent the Clerk of the
Court a letter, in which he states, in relevant part,
“[T]he plaintiff does ask this court to dismiss and ignore
the motion of reconsideration of 2/6/15 and papers recently
sent in on 2/16/15 and not consider such motion so that the
plaintiff may proceed on the new lawsuit based upon the
rights denied by the state as set out in Statements 6 and 8
of the recent motion.”
(Docket No. 40); and
The Clerk of the Court having terminated plaintiff’s “MOTION
for Relief Under F.R.Civ.Proc. 60(b)(1)” [37]; but
Remaining pending is plaintiff’s “MOTION to Set Aside the
Order of Dismissal of this Case and for Leave to Amend” [36]; and
Even though plaintiff’s letter is unclear, the Court
construing plaintiff’s February 20, 2015 letter to ask that both
of his pending motions be withdrawn; but
To the extent that plaintiff intended to only withdraw the
“MOTION for Relief Under F.R.Civ.Proc. 60(b)(1)” [37] and leave
his “MOTION to Set Aside the Order of Dismissal of this Case and
for Leave to Amend” [36] pending, the Court finding that it fails
for the same reasons as his prior motions, as expressed in the
Court’s January 7, 2015 Opinion;
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Accordingly,
IT IS on this

2nd

day of

July

, 2015

ORDERED that the Clerk shall reopen the case and shall make a
new and separate docket entry reading “CIVIL CASE REOPENED”; and
it is further
ORDERED that plaintiff’s “MOTION to Set Aside the Order of
Dismissal of this Case and for Leave to Amend” [36] be, and the
same hereby is, DENIED; and it is further
ORDERED that the Clerk shall re-close the file and make a new
and separate docket entry reading “CIVIL CASE TERMINATED.”

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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