Nguyen v. Collins et al

Filing 3

ORDER that the Clerk of Court SHALL FILE IN THE INSTANT CASE, 2:13-cv-00273-MMD-PAL, documents at dkt. no. 1 and dkt. no. 2 which were filed in case number 2:13-cv-00274-MMD-PAL. IT IS FURTHER ORDERED that the Clerk of Court SHALL FILE a copy of thi s order in case number 2:13-cv-00274-MMD-PAL. The Clerk of Court SHALL CLOSE case number 2:13-cv-00274-MMD-PAL. Plaintiffs claims SHALL PROCEED under the instant case number 2:13-cv-00273-MMD-PAL. Case terminated. Signed by Judge Miranda M. Du on 02/22/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAN THI TRAN NGUYEN,

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Case No. 2:13-cv-00273-MMD-CWH
Plaintiff,

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v.

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ORDER

COLLINS, et al.,

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Defendants.

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On February 19, 2013, the Clerk of Court received documents from plaintiff, who

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is an inmate at the Dublin Correctional Facility in California. These documents included

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a complaint, an application to proceed in forma pauperis, a statement of facts, and a

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motion for counsel. Instead of opening one case with these documents, the Clerk of

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Court erroneously opened two cases: (1) the instant action, in which the complaint,

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application to proceed in forma pauperis, and motion for counsel were filed; and (2) a

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second action, case number 2:13-cv-00274-MMD-PAL, in which plaintiff’s statement of

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facts and motion for counsel were filed. Upon review of the documents filed in both

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cases, the Court concludes that only one action should have been opened by the Clerk

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of Court. The complaint in the instant action directly references the statement of facts

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that the Clerk filed in case number 2:13-cv-00274-MMD-PAL. Both the complaint in the

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instant action and the statement of facts filed in 2:13-cv-00274-MMD-PAL concern the

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same subject matter: Allegations that plaintiff and other inmates were subjected to

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unconstitutional conditions of confinement such as a lack of medical care, a lack of

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sanitation, improper hygiene, and other unfavorable conditions of confinement while

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incarcerated at the Nevada Southern Detention Center, located in Pahrump, Nevada.

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(Dkt. no. 1-1 in 2:13-cv-00273-MMD-CWH; dkt. no. 1, in 2:13-cv-00274-MMD-PAL.)

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Because all of these documents should have been opened as one action, this order

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directs the Clerk of Court to correct its mistake by closing the later-filed action, 2:13-cv-

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00274-MMD-PAL, and file the documents in the instant case, 2:13-cv-000273-MMD-

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CWH.

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IT IS THEREFORE ORDERED that the Clerk of Court SHALL FILE IN THE

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INSTANT CASE documents at dkt. no. 1 and dkt. no. 2 which were filed in case number

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2:13-cv-00274-MMD-PAL.
IT IS FURTHER ORDERED that the Clerk of Court SHALL FILE a copy of this
order in case number 2:13-cv-00274-MMD-PAL.
IT IS FURTHER ORDERED that the Clerk of Court SHALL CLOSE the
erroneously-opened action at case number 2:13-cv-00274-MMD-PAL.

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IT IS FURTHER ORDERED that plaintiff’s claims SHALL PROCEED under the

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instant case number. All filings by plaintiff shall be captioned with the case number of

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the instant action, 2:13-cv-273-MMD-CWH. A screening order will be issued in due

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course.

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DATED THIS 22nd day of February 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE