Boyer v. Williams

Filing 5

ORDER Construing 4 Request for Judicial notice as motion for voluntary dismissal and the Court grants the motion. This matter is Dismissed. Clerk shall supply a copy of the motion for preliminary injunction at [1-1] (attached herein for disbursement through law library). Signed by Judge Gloria M. Navarro on 1/8/2021. (Attachments: # 1 Motion for Preliminary Injunction)(Copies have been distributed pursuant to the NEF - DRS)

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Case 2:20-cv-02249-GMN-DJA Document 5 Filed 01/08/21 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DONALD BOYER, Case No. 2:20-cv-02249-GMN-DJA 4 Plaintiff, ORDER v. 5 BRIAN E. WILLIAMS, SR., 6 Defendant. 7 8 I. DISCUSSION 9 Plaintiff, who is incarcerated in the custody of the Nevada Department of 10 Corrections (“NDOC”), initiated this action with a motion for a preliminary injunction. (ECF 11 No. 1-1). Plaintiff has now filed a “Request for Judicial Notice,” indicating that on the 12 same day he submitted the motion for preliminary injunction, he also submitted a 13 complaint and accompanying exhibits. (ECF No. 4 at 1-2.) Plaintiff intended all the 14 documents to be filed in a single case, but the motion for preliminary injunction was filed 15 in this case, and his complaint and accompanying exhibits were filed in Case Number 16 2:20-cv-02269-APG-VCF. (Id. at 2.) Plaintiff states that he has already paid the filing fee 17 in this case and asks the Court to “combine” the cases. (Id.) 18 As an initial matter, the Court notes that the filing fee has actually been paid in 19 Case Number 2:20-cv-02269-APG-VCF, not in this case. Furthermore, the Court cannot 20 “combine” the two cases. Rather, Plaintiff must proceed in one case or the other. As 21 Plaintiff has already paid the filing fee in Case Number 2:20-cv-02269-APG-VCF, the 22 Court construes Plaintiff’s Request for Judicial Notice as motion to voluntarily dismiss this 23 case and proceed with Plaintiff’s claims in Case Number 2:20-cv-02269-APG-VCF. The 24 Court grants Plaintiff’s motion. This case is dismissed without prejudice, and no filing fee 25 will be assessed in this case. 26 The Court will instruct the Clerk of the Court to send Plaintiff a copy of the motion 27 for a preliminary injunction that Plaintiff filed in this case. Plaintiff may file the motion for 28 a preliminary injunction in Case Number 2:20-cv-02269-APG-VCF if he wishes. The 1 Case 2:20-cv-02249-GMN-DJA Document 5 Filed 01/08/21 Page 2 of 2 1 Court expresses no opinion regarding the merits of the motion for injunctive relief or his 2 likelihood of success. 3 I. CONCLUSION 4 For the foregoing reasons, it is ordered that the Court construes Plaintiff’s Request 5 for Judicial Notice (ECF No. 4) as a motion for voluntary dismissal, and the Court grants 6 the motion for voluntary dismissal. 7 8 9 10 It is further ordered that the Clerk of the Court send Plaintiff a courtesy copy of the motion for preliminary injunction (ECF No. 1-1). 8 DATED THIS ___day of January 2021. 11 Gloria M. Navarro, Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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