Harden et al v. NDOC HDSP Deputy Director et al

Filing 3

ORDER that this case is dismissed in its entirety, without prejudice. Further ordered that each plaintiff may file a complaint and an application to proceed in forma pauperis in his own individual case. Further ordered that the Clerk of the Court s hall send each plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application and shall also send each plaintiff the appr oved form for filing a 42 U.S.C. § 1983 complaint, instructions for the same, and a copy of the complaint (ECF No. 1-1). The Clerk of the Court shall enter judgment accordingly. Signed by Judge Andrew P. Gordon on 7/11/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HAROLD D. HARDEN et al.,

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Plaintiffs,

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Case No. 2:17-cv-01826-APG-GWF
ORDER

v.
NDOC HDSP DEPUTY DIRECTOR et al.,

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Defendants.

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I.

DISCUSSION

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On June 29, 2017, Plaintiffs Harold D. Harden, Darin K. Lee, Joseph A. Riley,

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Devon Richmond, Calvin Jones, Lewis T. Nichols, Mark Thomas Jr., and Latin Maxie,

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who are prisoners in the custody of the Nevada Department of Corrections (“NDOC”),

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submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). Harden

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and Thomas signed the complaint.

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application to proceed in forma pauperis or paid the full filing fee for a civil action.

(Id. at 9).

None of the inmates have filed an

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Pro se litigants have the right to plead and conduct their own cases personally.

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See 28 U.S.C. § 1654. However, pro se litigants have no authority to represent anyone

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other than themselves. See Cato v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995);

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C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987).

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The Court dismisses this case, without prejudice, with leave for each individual

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plaintiff to file his own application to proceed in forma pauperis and his own complaint in

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his own individual case. Harden and Thomas do not have the ability to represent each

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other or the remaining plaintiffs in this case. If the plaintiffs decide to file their own

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individual lawsuits, each plaintiff should follow the directions in the form complaint and

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“describe exactly what each specific defendant (by name) did to violate your rights.”

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that this case is dismissed in its entirety,

without prejudice.
It is further ordered that each plaintiff may file a complaint and an application to
proceed in forma pauperis in his own individual case.

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

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

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complaint (ECF No. 1-1).

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It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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Dated: July 11, 2017,

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UNITED STATES DISTRICT JUDGE

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