Wiideman v. The State of Nevada, ex rel, Nevada Department of Corrections et al

Filing 16

ORDER DISMISSING CASE. IT IS ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiff shall bring the claims set forth in this action in his amended complaint in case no. 3:11-cv-00174-ECR-RAM, if he chooses to file an amended complaint in that action. IT IS FURTHER ORDERED that the Clerk shall send to plaintiff one copy of the first amended complaint 13 and one copy of the second amended complaint 15 (SENT). IT IS FURTHER ORDERED that the Clerk SHAL L FILE a copy of this Order in 3:11-cv-00174-ECR-RAM. (Ackd). IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. Signed by Judge Edward C. Reed, Jr on 5/18/2011. (Copies have been distributed pursuant to the NEF - MLC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 RANDAL N. WIIDEMAN, #22306 12 Plaintiff, 13 vs. 14 STATE OF NEVADA, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) / 3:11-cv-00062-ECR-RAM ORDER 16 17 18 This is a prisoner civil rights action. On May 9, 2011, plaintiff filed his second amended complaint (docket #15). The court has not yet reviewed the second amended complaint. 19 However, the court takes judicial notice of its docket, and plaintiff has another action 20 pending before this court in which he has also brought the claims he asserts here. See Wiideman v. 21 State, 3:11-00174-ECR-RAM. This court has granted plaintiff leave to amend his claims in 3:11-cv- 22 00174-ECR-RAM. Accordingly, because these actions are duplicative and in the interests of judicial 23 economy, this action shall be dismissed. Plaintiff shall bring all of his claims regarding the Eighth 24 Amendment and the alleged denial of canteen items while in disciplinary segregation per Administrative 25 Regulation 733 in his amended complaint in case no. 3:11-cv-00174, if he chooses to file an amended 26 complaint in that action. 1 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. 2 IT IS FURTHER ORDERED that plaintiff shall bring the claims set forth in this action 3 in his amended complaint in case no. 3:11-cv-00174-ECR-RAM, if he chooses to file an amended 4 complaint in that action. 5 6 7 8 9 10 IT IS FURTHER ORDERED that the Clerk shall send to plaintiff one copy of the first amended complaint (docket #13) and one copy of the second amended complaint (docket #15). IT IS FURTHER ORDERED that the Clerk SHALL FILE a copy of this Order in 3:11-cv-00174-ECR-RAM. IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. 11 12 18th day of May 2011. DATED this _____ day of ______________________________, 2011. 13 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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