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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY BAILEY, et al.,

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Plaintiffs,
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vs.
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CPT. RICH SUEY, et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01954-JCM-CWH
ORDER

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This matter is before the Court on Defendants’ Motion to Strike (#41), filed July 1, 2013.
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The motion is not opposed by any party. An opposition was filed by Andre J. King Hardiman, an
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inmate identifying himself as a member of the class and an interested party. See (#42). This is not
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a class action. See Order (#40) (denying motion for class certification). Thus, the opposition is a
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fugitive document filed by a non party. If Hardiman wishes to file suit for conditions related to his
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confinement, he must do so separately and in full compliance with the provision of the Prisoner
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Litigation Reform Act. The motion to strike was not opposed by any party to the lawsuit. Pursuant
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to Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities in response to
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any motion shall constitute a consent to the granting of the motion.” Accordingly,
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IT IS HEREBY ORDERED that Defendants’ Motion to Strike (#41) is granted.
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IT IS FURTHER ORDERED that Non-Party Andre J. King Hardiman’s improper filing
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(#42) shall be stricken.
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DATED: July 19, 2013.
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C.W. Hoffman, Jr.
United States Magistrate Judge