Raphoz v. Fenn et al, No. 1:2021cv00553 - Document 13 (D.N.M. 2021)
Court Description: MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson DENYING 12 MOTION to Reopen Case. (cmm)
Download PDF
<![CDATA[
Raphoz v. Fenn et al Doc. 13 Case 1:21-cv-00553-WJ-JFR Document 13 Filed 07/30/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO BRUNO RAPHOZ, Plaintiff, v. No. 1:21-cv-00553-WJ-JFR FORREST FENN, SHILOH OLD, JONATHAN STUEF, and DAN BARBARISI, Defendants. MEMORANDUM OPINION AND ORDER DENYING MOTION TO REOPEN THIS MATTER comes before the Court on pro se Plaintiff's Motion to Reopen Case, Doc. 12, filed July 28, 2021. United States Magistrate Judge John F. Robbenhaar notified Plaintiff that his Complaint should be dismissed for failure to state a claim upon which relief can be granted. See Order, Doc. 6, filed June 22, 2021. Judge Robbenhaar ordered Plaintiff to file an amended complaint and pay the filing fee. Judge Robbenhaar also notified Plaintiff that failure to timely file an amended complaint or timely pay the filing fee may result in dismissal of this case. The Court dismissed this case without prejudice on July 16, 2021, because Plaintiff did not file an amended complaint in response to Judge Robbenhaar's Order1 or pay the filing fee by the July 13, deadline. 1 Plaintiff filed his original Complaint on June 16, 2021. On June 16, 2021, before Judge Robbenhaar ordered Plaintiff to file an amended complaint, Plaintiff mailed a slightly amended complaint to the Clerk which was docketed on June 28, 2021, as an Amended Complaint, see Doc. 8. The Amended Complaint fails to state a claim. Plaintiff has not filed an amended complaint in response to Judge Robbenhaar's Order. Dockets.Justia.com Case 1:21-cv-00553-WJ-JFR Document 13 Filed 07/30/21 Page 2 of 2 Plaintiff now asks the Court to reopen this case stating he missed the deadline for paying the filing fee because his "PACER account was not implemented yet" and he "got confused in the process." Plaintiff paid the filing fee on July 20, 2021. The Court denies Plaintiff's Motion to reopen this case because Plaintiff has not filed an amended complaint in response to Judge Robbenhaar's Order, which was also a basis for dismissing this case. IT IS ORDERED that Plaintiff's Motion to Reopen Case, Doc. 12, filed July 28, 2021, is DENIED. ________________________________________ WILLIAM P. JOHNSON CHIEF UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
