Cohan v. Lombardo ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JAMES E. COHAN, 4 Case No. 2:17-cv-01651-JCM-NJK Plaintiff, 5 Order v. 6 [Docket No. 38] 4 JOSEPH LOMBARDO, et al., Defendants. 8 9 Pending before the Court is Plaintiff's motion to be allowed to refile a claim. Docket No. 10] 38. Plaintiff previously filed two amended complaints in this action. Docket Nos. 14, 22-1. 11] Plaintiff's first amended complaint was dismissed with leave to amend. Docket No. 16. The 12|| undersigned issued a report and recommendation that Plaintiff's second amended complaint and 13] this case be dismissed. Docket No. 23. The order adopting the report and recommendation noted 14] that Plaintiff did not object to the dismissal without prejudice. Docket No. 30 at 2; see also Docket 15] No. 24. Plaintiff previously filed a motion to be allowed to refile a claim. Docket No. 34. The 16] motion was denied. Docket No. 36. 17 Dismissal of a case without prejudice preserves a plaintiffs right to refile his claim. See, 18] e.g., Com. Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9" Cir. 1999) (internal 19] citations omitted). However, after a case has been dismissed without prejudice, a plaintiff must 20|| file his complaint in a new case and not refile it in the dismissed case. E.g., Frost v. Nat’l Sec. 21|| Agency, 2018 WL 6822632, *2 (N.D. Cal. 2018); Stine v. Wiley, 2010 WL 3516634, *1 (D. Colo. 2010). 23 Accordingly, Plaintiff's motion to refile a claim in this case is DENIED. Docket No. 38. 24 IT IS SO ORDERED. 25 Dated: October 2, 2024 QR Sy, Nancy J. Koppe 27 United States Magistrate Judge 28