McRae v. Federal Bureau of Prisons et al

Filing 57

MEMORANDUM DECISION and Order. Plaintiff's post-judgment motion is GRANTED, ( 49 ). The dismissal order and judgment are therefore VACATED. ( 46 , 47 .) Within thirty days, Plaintiff must file a third amended complaint curing th e deficiencies recited in the Court's order of November 13, 2019, ( 44 ), or risk dismissal of this action. Signed by Judge Robert J. Shelby on 01/03/2022. (Attachments: # 1 11/13/2019 Memorandum Decision, # 2 pro-se-litigation packet, # 3 blank federal civil rights complaint). (jl)

Case 2:17-cv-00066-RJS Document 57 Filed 01/03/22 PageID.238 Page 1 of 2

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
STEPHEN PLATO MCRAE,
Plaintiff,
v.
SGT. FIELDING et al.,
Defendants.

MEMORANDUM DECISION
& ORDER AFTER TENTH
CIRCUIT’S REMAND OPINION
Case No. 2:17-CV-66 RJS
Chief District Judge Robert J. Shelby

The Tenth Circuit Court of Appeals vacated this Court’s order denying Plaintiff’s motion
for relief from judgment and remanded for further consideration of the motion. (ECF Nos. 46,
47, 49, 56.) In view of that ruling,
IT IS ORDERED that:
(1) Plaintiff’s post-judgment motion is GRANTED, (ECF No. 49). The dismissal order and
judgment are therefore VACATED. (ECF Nos. 46, 47.)
(2) Within thirty days, Plaintiff must file a third amended complaint curing the deficiencies
recited in the Court’s order of November 13, 2019, (ECF No. 44), or risk dismissal of this action.

Case 2:17-cv-00066-RJS Document 57 Filed 01/03/22 PageID.239 Page 2 of 2

(3) When sending this Order to Plaintiff, the Clerk of Court shall attach a copy of the
November 13, 2019 Order, (id.), and a pro-se-litigation packet containing a blank federal civilrights complaint.
DATED this 3rd day of January, 2022.
BY THE COURT:

CHIEF JUDGE ROBERT J. SHELBY
United States District Court