Epperson v. Henderson Detention Center et al
Filing
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ORDER that all pending motions are DENIED without prejudice as moot and that this action shall be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal shall count as a "strike" for purposes of 28. U.S.C. § 1915(g). The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Miranda M. Du on 6/14/13. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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CLIFFORD EPPERSON, SR.,
Case No. 2:12-cv-02173-MMD-GWF
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Plaintiff,
ORDER
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v.
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HENDERSON DETENTION CENTER,
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Defendants.
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This prisoner civil rights matter comes before the Court following upon an
amended complaint not having been filed within the time period allowed.
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By an order entered on March 19, 2013 (dkt. no. 34), the Court dismissed the
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complaint without prejudice for failure to state a claim, subject to leave to amend within
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thirty (30) days of entry of the order. While plaintiff thereafter sought to pursue an
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interlocutory appeal, neither the Court of Appeals nor this Court stayed the running of
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the period for filing an amended complaint during the appeal. The Court of Appeals
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found the appeal to be frivolous, and the appellate court ordered plaintiff to pay the filing
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fee as well as demonstrate why the appeal should not be summarily affirmed. The
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Court of Appeals thereafter dismissed the appeal after plaintiff did not respond to its
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order. The appellate court’s order constituted the mandate of that court, which has
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been spread upon the records of the Court.
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The time for plaintiff to mail an amended complaint to the Clerk for filing expired
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on April 19, 2013. No amended complaint has been received and filed in the interim.
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Plaintiff was informed that a failure to timely mail an amended complaint to the Clerk for
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filing that corrected the deficiencies identified in the prior order would lead to entry of a
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final judgment of dismissal.1
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IT IS THEREFORE ORDERED that all pending motions are DENIED without
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prejudice as moot and that this action shall be DISMISSED without prejudice for failure
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to state a claim upon which relief may be granted. This dismissal shall count as a
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“strike” for purposes of 28 U.S.C. § 1915(g).
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The Clerk of Court shall enter final judgment accordingly, dismissing this action
without prejudice.
DATED THIS 14th day of June 2013.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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The inmate search feature on the detention center website reflected that plaintiff
─ who was held on a short-duration sentence according to the papers that he filed ─
was released from custody in April subsequent to the March 19, 2013, entry of the prior
order. Plaintiff, who filed a multitude of papers in staccato fashion while in custody, has
not filed any papers in this action since April 9, 2013. Nor has plaintiff provided the
Clerk with written notice of his change of address as required by Local Rule LSR 2-2. It
thus does not appear, as a practical matter, that the filing of an amended complaint or
any other action by plaintiff in this case likely will be forthcoming in the foreseeable
future.
The time period for filing an amended complaint in any event has expired.
Plaintiff no longer benefits from the prison mailbox rule for constructive filing via mailing
after his release from custody.
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