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)

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