Schuett v. Collins et al

Filing 38

ORDER that 28 Motion for Writ and 26 Motion for Writ are dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall send plaintiff two copies of an in forma pauperis application form for a prisoner, one copy of the ins tructions for same, two copies of a blank 28 U.S.C. Section 2254 habeas corpus form, and one copy of instructions for the same. IT IS FURTHER ORDERED that, plaintiff has until April 27, 2015, to file an amended complaint. IT IS FURTHER ORDERED tha t the Clerk of Court shall send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, a copy of his original complaint 25 , and a copy of this Courts December 17, 2014 screening order 24 . Signed by Judge Jennifer A. Dorsey on 3/27/15. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 CLIFFORD J. SCHUETT, Case No. 2:14-cv-1645-JAD-CWH Plaintiff, 10 Order 11 v. 12 WARDEN COLLINS et al., Defendants. 13 14 15 16 I. 17 18 19 20 21 22 23 24 25 26 DISCUSSION On December 17, 2014, this Court entered a screening order dismissing Plaintiff’s complaint in its entirety for failure to state a claim. (Doc. 24 at 8). The Court granted Plaintiff until January 16, 2015, to file an amended complaint seeking injunctive relief. (Id.). The Court also denied Plaintiff’s eleven motions for protective orders without prejudice and directed Plaintiff to file one motion for injunctive relief which incorporated those allegations and identified the specific relief sought. (Id. at 9). The Court also dismissed Plaintiff’s petitions for writ of habeas corpus without prejudice and directed Plaintiff to file his petitions for writ of habeas corpus in a new action. (Id.). The Court informed Plaintiff that if he did not file an amended complaint by January 16, 2015, the Court would dismiss the case with prejudice. (Id.). 27 28 Page 1 of 3 1 On December 23, 2014, Plaintiff filed a notice of appeal as to this Court’s screening 2 order. (Doc. 27). That same day, Plaintiff also filed two petitions for writ of habeas corpus. 3 (Doc. 26, 28). 4 On March 25, 2015, the Ninth Circuit held that “the questions raised in [Plaintiff’s] 5 appeal [were] so insubstantial as not to require further argument” and then summarily affirmed 6 this Court’s denial of preliminary injunctive relief. (Doc. 37 at 1). 7 The Court now grants Plaintiff 30 days from the date of this order to comply with this 8 Court’s December 17, 2014, order. Plaintiff has until April 27, 2015, to file an amended 9 complaint seeking injunctive relief. If he fails to file an amended complaint by April 27, 2015, 10 the Court will dismiss this action with prejudice. 11 Furthermore, pursuant to this Court’s screening order, Plaintiff is ordered to not file any 12 more petitions for writ of habeas corpus in this action. Accordingly, the Court dismisses 13 Plaintiff’s petitions for writ of habeas corpus (Doc. 26, 28) without prejudice and directs Plaintiff 14 to file his petitions for writ of habeas corpus in a new action if he believes he has a proper legal 15 basis to do so. 16 II. CONCLUSION 17 Accordingly, IT IS ORDERED that the petitions for writ of habeas corpus (Doc. 26, 28) 18 are dismissed without prejudice. Plaintiff may file a petition for writ of habeas corpus and an 19 in forma pauperis application in a new action, but he may not file any further habeas corpus 20 petitions in this case. 21 IT IS FURTHER ORDERED that the Clerk of Court shall send plaintiff two copies of an 22 in forma pauperis application form for a prisoner, one copy of the instructions for same, two 23 copies of a blank 28 U.S.C. § 2254 habeas corpus form, and one copy of instructions for the 24 same. 25 IT IS FURTHER ORDERED that, plaintiff has until April 27, 2015, to file an amended 26 complaint seeking injunctive relief in compliance with the court’s instructions in the screening 27 order (Doc. 24 at 6-8). If he fails to file an amended complaint by April 27, 2015, this action 28 Page 2 of 3 1 will be dismissed with prejudice. 2 IT IS FURTHER ORDERED that the Clerk of Court shall send to Plaintiff the approved 3 form for filing a § 1983 complaint, instructions for the same, a copy of his original complaint 4 (Doc. 25), and a copy of this Court’s December 17, 2014 screening order (Doc. 24). If Plaintiff 5 chooses to file an amended complaint, he must use the approved form and he shall write the 6 words “First Amended” above the words “Civil Rights Complaint” in the caption. 7 Dated: March 27, 2015. 8 9 __________________________________ Jennifer Dorsey United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3

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