Williams v. Estill, 2:16-cv-0911-APG-GWF. (2020)
Court: District Court, D. Nevada
Number: infdco20200106871
Visitors: 21
Filed: Jan. 03, 2020
Latest Update: Jan. 03, 2020
Summary: Order Denying Motions to Reopen Case and Motion for Documents [ECF Nos. 41, 44, 46] ANDREW P. GORDON , District Judge . Plaintiff Jeremy Williams moved to voluntarily dismiss this case in April 2017, which I granted. ECF Nos. 38, 40. Over two years later, Williams moved to reopen the case. ECF Nos. 41, 44. "[A] suit dismissed without prejudice pursuant to Rule 41(a)(2) leaves the situation the same as if the suit had never been brought in the first place." Humphreys v. United States, 27
Summary: Order Denying Motions to Reopen Case and Motion for Documents [ECF Nos. 41, 44, 46] ANDREW P. GORDON , District Judge . Plaintiff Jeremy Williams moved to voluntarily dismiss this case in April 2017, which I granted. ECF Nos. 38, 40. Over two years later, Williams moved to reopen the case. ECF Nos. 41, 44. "[A] suit dismissed without prejudice pursuant to Rule 41(a)(2) leaves the situation the same as if the suit had never been brought in the first place." Humphreys v. United States, 272..
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Order Denying Motions to Reopen Case and Motion for Documents
[ECF Nos. 41, 44, 46]
ANDREW P. GORDON, District Judge.
Plaintiff Jeremy Williams moved to voluntarily dismiss this case in April 2017, which I granted. ECF Nos. 38, 40. Over two years later, Williams moved to reopen the case. ECF Nos. 41, 44. "[A] suit dismissed without prejudice pursuant to Rule 41(a)(2) leaves the situation the same as if the suit had never been brought in the first place." Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959). Thus, in one sense, there is nothing to reopen. More importantly, Williams offers no good reason to reopen this case, rather than filing a new lawsuit. Because the case was dismissed without prejudice, Williams is free to file a new lawsuit under a new case number.
The plaintiff's motions to reopen this case (ECF Nos. 41, 44) are DENIED. The plaintiff's motion for documents (ECF No. 46) is DENIED as moot.
Source: Leagle
