Gayler v. High Desert State Prison et al

Filing 107

ORDER re Movant Charles Wirth's 106 Reply in support of his 103 Motion to Join. The Court finds no cause to withdraw or amend the 105 Order. Signed by Magistrate Judge Carl W. Hoffman on 5/22/2017. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9
10

BRANDY GAYLER,

)
)
Plaintiff,
)
)
v.
)
)
HIGH DESERT STATE PRISON, et al,
)
)
Defendants.
)
)
_______________________________________ )

Case No. 2:14-cv-00769-APG-CWH

ORDER

Presently before the Court is Movant Charles Wirth’s reply (ECF No. 106) in support of his

11

motion to join, filed on May 18, 2017. On May 19, 2017, the Court denied Mr. Wirth’s motion

12

(ECF No. 105) without having considered the reply, due to a delay in receiving that document in

13

chambers. Since Mr. Wirth’s reply was timely filed, the Court will review it to ensure it is duly

14

considered.

15

In his reply, Mr. Wirth points out that there are significant commonalities between his and

16

Plaintiff Brandyn Gayler’s claims, and that Defendants overstate the differences between the claims.

17

The Court acknowledges these arguments. However, the Court’s decision to deny Mr. Wirth’s

18

motion was based on a finding that joinder would significantly prejudice both the Plaintiff and

19

Defendants. Mr. Wirth’s reply does not persuade the Court otherwise. The Court therefore finds no

20

cause to withdraw or amend its order (ECF No. 105).

21

DATED: May 22, 2017.

22
23

_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

24
25
26
27
28
1