Sexton et al v. County of Clark Nevada et al

Filing 74

ORDER that the 39 , 40 , 45 , 46 , 48 Motions related to service are Denied without prejudice as premature. The 43 Motion for Reconsideration is Denied without prejudice. The 50 , 57 Motions for Court Order are Denied without prejudice a s moot. The 52 Motion for Temporary Restraining Order and 53 Motion for Preliminary Injunction are Denied without prejudice as moot. The 59 Motion for Copies is Denied. A Hearing is set for 10/10/2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware II. The hearing will address the Motion for a Temporary Restraining order and Preliminary Injunction. Signed by Judge Richard F. Boulware, II on 9/29/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 TONEY ANTHONEY WHITE, 10 Plaintiff, 11 12 Case No. 2:16-cv-00734-RFB-VCF ORDER v. COUNTY OF CLARK NEVADA et al., 13 Defendants. 14 15 I. DISCUSSION 16 Plaintiff, who is an inmate in the custody of the Clark County Detention Center 17 (“CCDC”), is awaiting the screening of his third amended complaint (ECF No. 38). In the 18 meantime, Plaintiff has filed multiple miscellaneous motions that the Court will address 19 now. 20 A. Service Motions 21 Plaintiff has filed five motions related to service (ECF No. 39, 40, 45, 46, 48). The 22 Court denies these motions as procedurally premature. The Court will order service when 23 procedurally applicable. 24 B. 25 Plaintiff files a motion for reconsideration on the Magistrate Judge’s order which 26 denied joint correspondence between Plaintiff and inmate, Amanda Sexton. (ECF No. 43 27 at 1; ECF No. 31 at 2-3). According to Plaintiff’s original motions, the CCDC prohibited 28 Motion for Reconsideration 1 inmate-to-inmate mail communications absent exceptions that Plaintiff and Sexton do not 2 qualify for. (ECF No. 31 at 3). 3 The Court denies this motion without prejudice. Given the volume of motions that 4 have been filed in this case and the issues raised in these motions with respect to how 5 this litigation will proceed. The Court will set a status conference to review the state of 6 the case with the parties and set a discovery and motion plan to streamline the filing and 7 consideration of motions and discovery issues in this case. 8 C. Motions for Court Action 9 Plaintiff has filed two motions for court action to screen his third amended 10 complaint and to address his outstanding motions. (ECF No. 50, 57). The Court denies 11 these motions without prejudice as moot. Plaintiff’s third amended complaint (ECF No. 12 38) is in line for screening. The screening process may take several months. The Court 13 seeks to process the motions in its docket in the order in which they are received with 14 consideration also given to the nature of the motion. 15 D. Motions for TRO/Preliminary Injunction 16 Plaintiff has filed identical motions for temporary restraining order (“TRO”) and 17 preliminary injunction based on allegations addressed in his second amended complaint. 18 (See ECF No. 13, 52, 53). The Court will consider only the most recent motion and deny 19 the other motions without prejudice as moot given the Court’s consideration of the most 20 recent identical motion. This latest motion will be considered at the hearing set in this 21 order. 22 E. Motion for Copies 23 In the motion, Plaintiff states that some of his exhibits in his personal files are 24 missing pages and seeks the Court’s permission to have the Clerk of the Court mail him 25 those missing pages for his own records. (ECF No. 59 at 2). The Court denies this motion. 26 The Court cannot provide copies or mailing service for parties, even indigent plaintiffs 27 proceeding in forma pauperis. If Plaintiff wishes to receive copies of electronically filed 28 documents from the Court, the cost is $0.10 per page. See Nev. LR IC 1-1(i)(5). -2- 1 II. CONCLUSION 2 For the reasons noted, 3 IT IS ORDERED that the motions related to service (ECF No. 39, 40, 45, 46, 48) 4 5 6 7 8 9 10 are denied without prejudice as premature. IT IS FURTHER ORDERED that the motion for reconsideration (ECF No. 43) is denied without prejudice. IT IS FURTHER ORDERED that the motions for court order (ECF No. 50, 57) are denied without prejudice as moot. IT IS FURTHER ORDERED that the motions for a temporary restraining order and preliminary injunction (ECF Nos. 13, 52) are denied without prejudice as moot. 11 IT IS FURTHER ORDERED that a hearing is set for October 10, 2017 at 11L00 12 AM in LV Courtroom 7D. The hearing will address the Motion for a Temporary Restraining 13 order and Preliminary Injunction (EFC No. 53). 14 IT IS FURTHER ORDERED that the motion for copies (ECF No. 59) is denied. 15 16 DATED: September 29, 2017. 17 18 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 -3-

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