Margaret Rudin v. Nevada Dept. of Corrections, et al.

Filing 18

ORDER that Plaintiff shall file her Second Amended Complaint on or before 12/16/2016. If Plaintiff does not file a second amended complaint, the Court will proceed on Plaintiff's first amended complaint and the screening order on the first amended complaint. If Plaintiff fails to timely file the second amended complaint, the Court will deny any leave to file an amended complaint until after mediation. If a second amended complaint is filed, no further action is required by Defendants until further order by this Court. Signed by Magistrate Judge Nancy J. Koppe on 11/21/2016. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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TANYA HILL et al.,
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Defendants.
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___________________________________ )

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I.

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MARGARET RUDIN,

2:15-cv-02503-MMD-NJK
ORDER

DISCUSSION

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On September 12, 2016, this Court entered a screening order that permitted portions

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of Plaintiff’s First, Eighth, and Fourteenth Amendment claims to proceed and dismissed

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several defendants with prejudice. (ECF No. 7 at 8-9). The screening order stayed the case

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and ordered the case to mediation. (Id. at 9).

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On October 19, 2016, Plaintiff filed a motion to submit a second amended complaint.

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(ECF No. 14). On October 24, 2016, this Court granted Plaintiff’s motion to file a second

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amended complaint. (ECF No. 16 at 1). The Court directed Plaintiff to file a second amended

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complaint on or before Friday, November 18, 2016. (Id. at 2).

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On November 16, 2016, Plaintiff filed a letter with this Court which seems to indicate

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that she sent a second amended complaint to the Court. (ECF No. 17 at 1). Plaintiff states

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that she had to rely on prison officials to deliver her second amended complaint to the law

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library because she is in voluntary protective custody. (Id.)

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The Court interprets Plaintiff’s letter as a statement that she intends to file a second

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amended complaint with this Court.1 The Court grants Plaintiff until Friday, December 16,

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As of November 20, 2016, the Court has not received Plaintiff’s second amended
complaint.

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2016 to file her second amended complaint with this Court. If Plaintiff does not file a second

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amended complaint by that deadline, this case will proceed on the first amended complaint

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(ECF No. 6) and the screening order on the first amended complaint (ECF No. 7).

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall file her second amended

complaint on or before Friday, December 16, 2016.

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IT IS FURTHER ORDERED that if Plaintiff does not file a second amended complaint

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on or before Friday, December 16, 2016, the Court will proceed on Plaintiff’s first amended

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complaint and the screening order on the first amended complaint. Additionally, if Plaintiff fails

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to timely file her second amended complaint, the Court will deny any leave to file an amended

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complaint until after mediation.

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IT IS FURTHER ORDERED that if Plaintiff files a second amended complaint on or

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before December 16, 2016, no further action is required by Defendants in this case until

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further order by this Court.

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21st
DATED: This _____ day of November, 2016.

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_________________________________
United States Magistrate Judge

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