Wiideman v. State Of Nevada et al

Filing 14

ORDER DENYING 12 Motion to amend Screening Order. FURTHER ORD Second Amended Complaint due by 7/23/2011. FURTHER ORD P shall title complaint as "SECOND AMENDED" w case number above. FURTHER ORD Clerk shall send P 1983 from w instruction s, 1 cpy of # 9 original complaint, the # 10 first amended complaint, as well as copies of orders #s 8 , 11 , and 13 . ( Form and docs mailed to P 6/23/2011. ) FURTHER ORDERED that the portion of this court's # 11 Screening Order directin g Ds to file a response to the first amended complaint within 30 days is VACATED. Ds need not file a response until further order of this court. Signed by Judge Edward C. Reed, Jr on 6/23/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RANDAL N. WIIDEMAN,
#22306

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Plaintiff,

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vs.

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STATE OF NEVADA, et al.,

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Defendants.

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3:11-cv-00155-ECR-RAM
ORDER

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This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The court issued

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an Order dated May 26, 2011 (docket #11) that dismissed some claims and allowed some claims to

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proceed. Before the court is plaintiff’s motion to amend Screening Order (docket #12). Plaintiff, who

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has filed several duplicative actions before this court, seeks to raise claims here that he has been directed

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to raise in 3:11-cv-00174-ECR-RAM. Plaintiff, however, has been granted leave to file an amended

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complaint in 3:11-cv-00174-ECR-RAM (see docket #12 in that case), and he is advised to comply with

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the court’s Orders to set forth any and all access to courts claims in 3:11-cv-00174-ECR-RAM.

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The court also notes that another case filed by plaintiff, 3:11-cv-00119-RCJ-RAM, was

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dismissed as duplicative of this action, and the court directed plaintiff to seek leave to file an amended

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complaint in this action if he wished to set forth additional allegations related to the twenty-page limit

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on incoming mail as well as regulations regarding receipt of outside legal publications and other legal

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materials.

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Because the above-described events occurred close in time, and in the interest of judicial

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economy, the court will give plaintiff the opportunity to file a second amended complaint, if necessary,

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to set forth all claims that he has been directed to bring in this action. Plaintiff is advised to review the

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Screening Orders in this case (docket #s 8, 11) as well as the orders discussed above. If for any reason

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plaintiff omitted any claims in his first amended complaint, he has leave to file a second amended

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complaint. Accordingly, plaintiff has thirty (30) days from the date this Order is entered to file a second

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amended complaint. If plaintiff elects not to file a second amended complaint, this action will proceed

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according to the Screening Order dated May 26, 2011 (docket #11).
IT IS THEREFORE ORDERED that plaintiff’s motion to amend Screening Order
(docket #12) is DENIED.

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IT IS FURTHER ORDERED that plaintiff has thirty (30) days from the date that this

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Order is entered to file his second amended complaint, if any. The second amended complaint must be

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a complete document in and of itself, and will supersede the original complaint in its entirety. Any

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allegations, parties, or requests for relief from prior papers that are not carried forward in the second

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amended complaint will no longer be before the court.

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IT IS FURTHER ORDERED that plaintiff shall clearly title the amended complaint

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as such by placing the words “SECOND AMENDED” immediately above “Civil Rights Complaint

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Pursuant to 42 U.S.C. § 1983” on page 1 in the caption, and plaintiff shall place the case number, 3:11-

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CV-00155-ECR-RAM, above the words “SECOND AMENDED”in the space for “Case No.”

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IT IS FURTHER ORDERED that plaintiff is expressly cautioned that if he does not

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timely file a second amended complaint in compliance with this Order, this action shall proceed in

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accordance with the Screening Order dated May 26, 2011 (docket #11).

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IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank section 1983

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civil rights complaint form with instructions along with one copy of the original complaint (docket #9),

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the first amended complaint (docket #10) as well as one copy of each of the following orders:

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docket #s 8, 11, and 13.

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IT IS FURTHER ORDERED that the portion of this court’s Screening Order dated

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May 26, 2011 (docket #11) directing defendants to file a response to the first amended complaint within

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thirty days is VACATED. Defendants need not file a response until further order of this court.

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DATED this 23rd day of June 2011.

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UNITED STATES DISTRICT JUDGE
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