Gayler v. High Desert State Prison et al

Filing 30

ORDER Denying 23 and 24 Motions. Signed by Magistrate Judge Carl W. Hoffman on 3/25/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANDYN GAYLER,

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Plaintiff,
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vs.
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HIGH DESERT PRISON, et al.,
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Defendants.
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Case No. 2:14-cv-00769-APG-CWH
ORDER

Before the Court is Plaintiff’s Motion to Resend Scheduling Order (doc. # 23) and Motion to
Impose Sanctions for Tampering (doc. # 24), both filed March 9, 2015.

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Plaintiff asks the Court to send him another copy of the scheduling order issued on January 30,

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2015 (doc. # 22) because Defendants purportedly tampered with his mail, such that a page was missing

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from the scheduling order he received. Plaintiff also asks the Court to sanction Defendants for the

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purported tampering.

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This Court denies Plaintiff’s requests. A review of the attachments to Plaintiff’s motions

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reveals a 3-paged copy of this Court’s January 30th scheduling order. See Doc. # 23 at 8-10; Doc. # 24

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at 8-10. The attachments demonstrate that Plaintiff received a correct and complete copy of this

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Court’s scheduling order without any missing pages. As it stands, it is unclear to this Court how

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Defendants possibly “tampered” with Plaintiff’s mail in light of the evidence just discussed.

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Accordingly, Plaintiff’s Motion to Resend Scheduling Order (doc. # 23) and Motion to Impose
Sanctions for Tampering (doc. # 24) are denied.
DATED: March 25, 2015

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