Case Information
*1 | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | JOHN E. SHELTON, | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | v. | | | | | | | | | | | | | | | | | | | | | | SHELBY COUNTY, et al., | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Defendants. | | | | | | | | | |
ORDER DENYING PLAINTIFF'S MOTION TO REINSTATE PLAINTIFF'S NONSUITED COMPLAINT AND MOTION TO DEEM ACTION TIMELY COMMENCED
Plaintiff John E. Shelton filed a Complaint in the Circuit Court of Shelby County, Tennessee for the Thirtieth Judicial District at Memphis on December 2, 2002. The Complaint stated eight claims for relief: workers' compensation; violation of Tenn. Code Ann. § 8-8-302 et seq.; assault and battery; false imprisonment; negligence; gross negligence; deprivation of Shelton's Fourth and Fourteenth Amendment rights in violation of 42 U.S.C. § 1983; and intentional infliction of emotional distress. The Defendants removed to federal court on December 12, 2002. On February 7, 2003, the court entered an order remanding all state law claims to the state courts. On November 21, 2003, the court granted a "Stipulated Voluntary Dismissal Without Prejudice" of the remaining federal claim under . Judgment dismissing this case without prejudice was entered on December 2, 2003.
*2 On November 22, 2004, Shelton filed a "Motion to Reinstate Plaintiff's Nonsuited Complaint." On December 10, 2004, the Defendants filed a response. On December 16, 2004, Shelton filed a "Motion to Deem Action Timely Commenced." On December 29, 2004, the Defendants filed a response to the "Motion to Deem Action Timely Commenced." On February 3, 2005, Shelton filed a reply to the Defendants' response. "An action dismissed without prejudice leaves the situation the same as if the suit had never been brought." Bomer v. Ribicoff, 304 F.2d 427, 428-29 (6th Cir. 1962). Consequently, a party who seeks relief on claims that were dismissed without prejudice in an earlier suit must file a new complaint stating those claims. Filing a new suit, by definition, does not involve "reinstating" a suit that has been dismissed.
Shelton claims that he attempted to file a new complaint, but was prevented from doing so by various individuals in the United States Court Clerk's Office for the Western District of Tennessee. Whether or not that is the case, Shelton's attempt to file a new suit has nothing to do with this case, No. 02-2951, which has been dismissed. Shelton does not argue that dismissal of this case was imprudent or improper. Consequently, whatever relief Shelton seeks cannot be provided by "reinstating" Case No. 02-2951. [1]
*3 Case 2:02-cv-02951-SHM Document 33 Filed 06/17/05 Page 3 of 4 PageID 34
For the foregoing reasons, Plaintiff's "Motion to Reinstate Plaintiff's Nonsuited Complaint" is DENIED and Plaintiff's "Motion to Deem Action Timely Commenced" is DENIED.
So ordered this day of June 2005.
SAMUEL H. MAYS, JR. UNITED STATES DISTRICT JUDGE
*4
Notice of Distribution
This notice confirms a copy of the document docketed as number 33 in case 2:02-CV-02951 was distributed by fax, mail, or direct printing on June 20, 2005 to the parties listed.
Renee Allen-Walker SHELBY COUNTY ATTORNEY'S OFFICE 160 N. Main St. Ste. 660 Memphis, TN 38103 Danny A. Presley COUNTY ATTORNEY'S OFFICE 160 N. Main Street Ste. 660 Memphis, TN 38103 Carol J. Chumney 5050 Poplar Avenue Suite 2400 Memphis, TN 38157 Honorable Samuel Mays US DISTRICT COURT
NOTES
This order does not affect Shelton's ability to file a new complaint stating his claim or to argue that the new complaint should be considered to have been filed on a date other than its actual filing date.