Bailey et al v. Suey et al

Filing 46

ORDER Granting 41 Motion to Strike 39 Emergency Notice. Non-Party Andre J. King Hardimans improper filing 42 shall be stricken. Signed by Magistrate Judge Carl W. Hoffman on 7/19/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 ANTHONY BAILEY, et al., ) ) Plaintiffs, ) ) vs. ) ) CPT. RICH SUEY, et al., ) ) Defendants. ) __________________________________________) Case No. 2:12-cv-01954-JCM-CWH ORDER 12 This matter is before the Court on Defendants’ Motion to Strike (#41), filed July 1, 2013. 13 The motion is not opposed by any party. An opposition was filed by Andre J. King Hardiman, an 14 inmate identifying himself as a member of the class and an interested party. See (#42). This is not 15 a class action. See Order (#40) (denying motion for class certification). Thus, the opposition is a 16 fugitive document filed by a non party. If Hardiman wishes to file suit for conditions related to his 17 confinement, he must do so separately and in full compliance with the provision of the Prisoner 18 Litigation Reform Act. The motion to strike was not opposed by any party to the lawsuit. Pursuant 19 to Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities in response to 20 any motion shall constitute a consent to the granting of the motion.” Accordingly, 21 IT IS HEREBY ORDERED that Defendants’ Motion to Strike (#41) is granted. 22 IT IS FURTHER ORDERED that Non-Party Andre J. King Hardiman’s improper filing 23 (#42) shall be stricken. 24 DATED: July 19, 2013. 25 26 27 28 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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