Braunstein v. Sandoval et al
| Steven Braunstein |
| Victor Hugo Schultze, Kathy Hardcastle, Brian Sandoval and Catherine Cortez-Masto |
| 3:2012cv00235 |
| May 1, 2012 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Larry R. Hicks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
15
ORDERED that the portion of the # 3 Screening Order dismissing the complaint with prejudice rather than without prejudice is VACATED. FURTHER ORD that the # 5 Judgment entered on June 6, 2012, is VACATED. FURTHER ORD that this action is DISMISSED without prejudice. FURTHER ORD that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Larry R. Hicks on 9/25/2012. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit., per 13 USCA Order. USCA case 12-16358. ) (Copies have been distributed pursuant to the NEF - DRM)
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Filing
11
ORDER re 10 USCA Order. This Court certifies to the Court of Appeals that it does not elect to revoke in forma pauperis status. The district court notes sua sponte that judgment should have directed dismissal without prejudice rath er than with prejudice of the Heck-barred claims. Subject to remand for such correction of judgment, the appeal otherwise is wholly frivolous. FURTHER ORDERED that plaintiff's motion 9 for certificate of appealability is DENIED as unnecessary. Signed by Judge Larry R. Hicks on 6/29/12. Order sent electronically to USCA 6/29/12. (Copies have been distributed pursuant to the NEF - JC)
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