GRAF v. LANIGAN et al

Filing 18

MEMORANDUM AND ORDER: Clerk shall reopen this case; plaintiff shall have thirty (30) days from the date of this Order in which to file an all-inclusive proposed amended complaint***CASE REOPENED***. Signed by Judge Robert B. Kugler on 3/28/2016. (tf,n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
CLIFFORD J. GRAF,
:
:
Plaintiff,
:
Civ. No. 14-2613 (RBK) (AMD)
:
v.
:
:
GARY M. LANIGAN, et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff is a state prisoner proceeding pro se with a civil rights complaint filed pursuant
42 U.S.C. § 1983. On January 27, 2016, this Court granted defendants’ motion to dismiss the
complaint for failure to state a claim and the complaint was dismissed without prejudice. (See
Dkt. Nos. 14 & 15) Plaintiff was given thirty days in which to file a proposed all-inclusive
amended complaint. After that thirty-day period expired, defendants submitted a letter to this
Court seeking to have this matter dismissed with prejudice because plaintiff had not filed a
proposed amended complaint within the thirty-day window. On March 15, 2016, this Court
dismissed this action with prejudice as plaintiff had not filed a proposed all-inclusive amended
complaint.
Subsequently, on March 17, 2016, this Court received a letter from plaintiff. In light of
this letter, the Clerk will be ordered to reopen this case. In the letter, plaintiff states that he never
received a copy of this Court’s January 27, 2016 decision that dismissed his complaint without
prejudice. He requests an additional thirty days in which to file a proposed amended complaint.
Giving plaintiff the benefit of the doubt and in the interests of justice, this Court will
vacate its March 15, 2016 Order that dismissed this action without prejudice. Furthermore, this

Court will give plaintiff thirty days from the date of this Order in which to submit a proposed allinclusive amended complaint.
Accordingly, IT IS this 28th

day of March, 2016,

ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that this Court’s March 15, 2016 Order (Dkt. No. 16) that dismissed this
action with prejudice is vacated; and it is further
ORDERED that plaintiff shall have thirty (30) days from the date of this Order in which
to file an all-inclusive proposed amended complaint if he elects to do so; and it is further
ORDERED that the Clerk shall serve this Order on plaintiff by regular U.S. mail; and it is
further
ORDERED that the Clerk shall reclose this case subject to reopening if plaintiff files a
proposed amended complaint within thirty (30) days of this Order.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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