Johnson v. Gamble et al

Filing 12

ORDER denying 11 Motion. Signed by Judge Andrew P. Gordon on 12/6/2016. (Copies have been distributed pursuant to the NEF, cc: Complaint, IFP and 11 Motion Mailed to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SAMMY JOHNSON,

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Plaintiff,

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Case No. 2:16-cv-00062-APG-NJK
ORDER

v.
ARTHUR EMLING et al.,

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Defendants.

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I.

DISCUSSION

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On July 5, 2016, this Court dismissed the case, with prejudice, for failure to state

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a claim and found that amendment would be futile. (ECF No. 6 at 6). On November 7,

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2016, Plaintiff filed a motion for relief from retaliation. (ECF No. 11). In the motion, it

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appears that Plaintiff is alleging that he may be housed with a potentially violent inmate.1

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(Id.)

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The Court notes that this case is closed. If Plaintiff seeks to open a new lawsuit,

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he shall file a new application to proceed in forma pauperis and a new complaint with the

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Clerk of the Court. If Plaintiff believes he is in imminent danger, he may also submit a

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motion for temporary restraining order with his application to proceed in forma pauperis

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and complaint. Plaintiff shall file no more documents in this closed case.

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///

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The Court is having difficulty understanding Plaintiff’s motion. (ECF No. 11).
Plaintiff states that another inmate “killed” him on July 14, 2015. (Id. at 3).

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II.

CONCLUSION
For the foregoing reasons, it is ordered that the motion for relief from retaliation

(ECF No. 11) is denied. Plaintiff shall file no more documents in this closed case.

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It is further ordered that the Clerk of the Court shall send Plaintiff the approved

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form application to proceed in forma pauperis by a prisoner, as well as the document

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entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that the Clerk of the Court shall send to Plaintiff the approved

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form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk of

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the Court shall also send Plaintiff a copy of his motion for retaliation (ECF No. 11).

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It is further ordered that Plaintiff may open a new case by submitting an application
to proceed in forma pauperis and a complaint to the Clerk of the Court.

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DATED THIS 6th day of December 2016.

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UNITED STATES DISTRICT JUDGE

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