Kemp v. Skolnik et al

Filing 34

ORDERED that P's # 12 Motion for a 60-day extension of time ( in case no. 3:10-cv-00188 ) to file an amended complaint is GRANTED. FURTHER ORDERED that the instant action ( case no. 3:10-cv-00188 ) is CONSOLIDATED with Case No. 2:09-cv-0200 2-PMP-LRL. FURTHER ORDERED that this order SHALL BE FILED in Case No. 2:09- cv-02002-PMP-LRL and in the instant action ( case no. 3:10-cv-00188 ). FURTHER ORDERED that the instant case ( 3:10-cv-00188 ) is administratively closed, and all fur ther pleadings shall proceed under Case No. 2:09-cv-02002-PMP-LRL. FURTHER ORDERED that no further documents shall be filed in this closed action ( i.e., case no. 3:10-cv-00188 ). Signed by Judge Howard D. McKibben on 11/15/2010. (Copies have been distributed pursuant to the NEF - DRM)

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Kemp v. Skolnik et al Doc. 34 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 KEITH KEMP, 11 Plaintiff, 12 vs. 13 ELDON K. McDANIEL, 14 Defendant. 15 16 This a pro se prisoner civil rights complaint pursuant to 42 U.S.C. 1983. On 17 September 10, 2010, the Court entered an order dismissing the complaint without prejudice and 18 granting plaintiff leave to file an amended complaint. (Docket #12). 19 On October 21, 2010, plaintiff filed a motion for an extension of time to file an 20 amended complaint. (Docket #12). In the motion, plaintiff seeks a 60-day enlargement of time. 21 Good cause appearing, the motion is granted. 22 In addition, plaintiff states that: "This will essentially be an extension of Case No. 23 2:09-cv-02002-PMP-LRL." (Docket #12, at p. 2). Plaintiff writes that: " I am going to combine this 24 filing with [the] other counts (probably 6 or more besides this one) to show a campaign of 25 harassment by the department of this facility." (Docket #12, at p. 1). On October 28, 2010, plaintiff 26 filed a letter with an attached motion and supplement exhibits, bearing a caption for the instant ) ) ) ) ) ) ) ) ) / 3:10-cv-00188-HDM-VPC ORDER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 action and Case No. 2:09-cv-02002-PMP-LRL. Also on October 28, 2010, a second amended complaint and exhibits were filed in Case No. 2:09-cv-02002-PMP-LRL. (Docket #30, #31). Plaintiff has informed the Court that the instant action is "an extension" of his action filed at Case No. 2:09-cv-02002-PMP-LRL. Under Rule 42 of the Federal Rules of Civil Procedure, the court may consolidate actions when they "involve a common question of law or fact." Fed. R. Civ. P. 42(a)(2). Such consolidation promotes judicial efficiency and avoids potentially conflicting results. See generally, Fed. R. Civ. P. 42. The instant action and Case No. 2:09-cv-02002-PMPLRL involve common questions of law and fact. Accordingly, the instant case is consolidated with 2:09-cv-02002-PMP-LRL. All pleadings, including amended complaints, shall be filed in the firstfiled action, 2:09-cv-02002-PMP-LRL. By this order, the instant action is administratively closed and all further pleadings shall be filed in Case No. 2:09-cv-02002-PMP-LRL. IT IS THEREFORE ORDERED that plaintiff's motion for a 60-day extension of time (Docket #12) to file an amended complaint is GRANTED. IT IS FURTHER ORDERED that the instant action is CONSOLIDATED with Case No. 2:09-cv-02002-PMP-LRL. IT IS FURTHER ORDERED that this order SHALL BE FILED in Case No. 2:09cv-02002-PMP-LRL and in the instant action. IT IS FURTHER ORDERED that the instant case is administratively closed, and all further pleadings shall proceed under Case No. 2:09-cv-02002-PMP-LRL. IT IS FURTHER ORDERED that no further documents shall be filed in this closed action. DATED this 15th day of November, 2010. UNITED STATES DISTRICT JUDGE 25 26 2

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