Sexton et al v. County of Clark Nevada et al

Filing 412

AMENDED 410 ORDER TO SHOW CAUSE: the Nevada Department of Corrections must show cause within fourteen (14) days of this order why it has failed to comply with the 384 Court's order. If there is no response to this order, the Court will impos e sanctions for the failure to respond or comply. The Clerk's office is directed to serve a copy of this Amended Order to NDOC, 5500 Snyder Avenue, Bldg 17, PO Box 7011; Carson City, Nevada, 89702. Clerk is also to serve a copy to the Attorney G eneral's Office electronically. Further, the Court Denies 392 Motion for Emergency Hearing and 397 Motion for Hearing, both without prejudice. Signed by Judge Richard F. Boulware, II on 4/6/2020. (Copies have been distributed pursuant to the NEF - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TONEY ANTHONEY WHITE,

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Plaintiff,

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Case No. 2:16-cv-00734-RFB-VCF
AMENDED ORDER

v.
COUNTY OF CLARK NEVADA, et al.,

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Defendants.

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I.

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On February 27, 2020, the Court stated it would order the Nevada Department of

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Corrections (“NDOC”) to provide Plaintiff medical discs that were confiscated upon Plaintiff’s

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transfer to High Desert State Prison on March 29, 2019, and which Plaintiff states are necessary

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in order for him to litigate this case. ECF No. 379. The Court issued the order on March 6, 2020.

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ECF No. 384. In particular, the Court directed NDOC to file a Notice of Compliance within one

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week of date of the order. Id.

INTRODUCTION

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On March 18, 2020, the Court noted NDOC had failed to comply with this order and

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ordered NDOC to file a Notice of Compliance by March 20, 2020, or the Court would issue a show

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cause order.

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NDOC has again failed to comply with the Court’s order.

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IT IS THEREFORE ORDERED that the Nevada Department of Corrections must show

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cause within fourteen (14) days of this order why it has failed to comply with the Court’s order

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(ECF No. 384). If there is no response to this order, the Court will impose sanctions for the failure

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to respond or comply.

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IT IS FURTHER ORDERED that that the Clerk of the Court shall serve copy of this

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amended ORDER, along shall be mailed via U.S. mail to the Nevada Department of Corrections

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(NDOC) at:

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Nevada Department of Corrections

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5500 Snyder Avenue, Bldg. 17

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P.O. Box 7011

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Carson City, Nevada 89702

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IT IS FURTHER ORDERED that the clerk is directed to serve a copy of this amended

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order to counsel for the Attorney General’s Office for the District of Nevada via email

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transmission.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Emergency Hearing on Missing

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Evidentiary Discs (ECF No. 392) and Motion for Hearing re: Production of Property (ECF No.

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397) are DENIED without prejudice. The Court will determine the necessity of a hearing based

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upon NDOC’s response to this order.

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DATED April 6, 2020.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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