Opinion
CAUSE NO.: 1:16-CV-343-TLS
07-06-2017
CASSANDRA AXSON, Plaintiff, v. JORGE ORTIZ, (United States of America in substitution For Jorge Ortiz, effective as of 10/5/16) Defendant.
OPINION AND ORDER
This matter is before the Court on the Government's Motion for Reconsideration [ECF No. 24] and Memorandum of Law in Support of the Motion for Reconsideration [ECF No. 25], both filed on May 25, 2017. Upon review of the Government's briefings, it is the Court's understanding that the Government is requesting reconsideration of the Court's May 18, 2017 Order [ECF No. 22], which dismissed the Plaintiff's Complaint [ECF No. 4] without prejudice. The Government argues that the Plaintiff should not be given leave to refile and thus, appears to seek dismissal of the Complaint with prejudice. However, the Government's briefings include a clerical error requesting the Court to dismiss the Complaint without prejudice.
(See Mem. of Law in Supp. of Mot. to Recons. 1 ("This [C]ourt should reconsider its order allowing Plaintiff to amend the complaint and dismiss the entire complaint in tota[l] without prejudice"), ECF No. 25; Id. at 9 ("[T]his Court should dismiss Plaintiff's suit without prejudice and terminate the case."). --------
Accordingly, the Court directs the Government to file a notice of correction of the clerical error if it wishes to pursue its Motion for Reconsideration. SO ORDERED on July 6, 2017.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT