Fernandez v. Centric et al

Filing 290

DOCKETING ERROR - DUPLICATE RE # 289 - DISREGARD THIS ENTRY ORDER - Plaintiff's # 286 Motion to compel is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge William G. Cobb on 5/28/2014. (Copies have been distributed pursuant to the NEF - DRM) Modified on 5/28/2014 to reflect DOCKET ERROR(DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN FERNANDEZ,

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Plaintiff,
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vs.
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DR. CENTRIC, et al.,
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Defendants.
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______________________________________)

3:12-cv-00401-LRH-WGC
ORDER
re: Plaintiff's Motion for Order to Compel
Defendants to Produce a "Martinez" Report
Doc. # 286

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Before the court is Plaintiff's (second) motion for an order compelling the Defendants to produce

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a "Martinez" report. (Doc. # 286.)1 The Plaintiff previously filed a similar motion. (Doc. # 167.) The

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court denied Plaintiff's earlier motion without prejudice as the court opined the motion was premature.

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The court noted the parameters of Plaintiff's action had not been specifically identified because the

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Plaintiff's underlying motion was filed while his proposed amended complaint was being evaluated. The

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court anticipated that if Plaintiff were to file an amended complaint, it would also have to be screened

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and the subject of another report and recommendation. (Doc. # 220 at 2.)

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As predicted, Plaintiff did file an amended complaint, his proposed second amended complaint.

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(Doc. # 229.) A Report and Recommendation on that proposed amended complaint was submitted to

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District Judge Larry R. Hicks. (Doc. # 265.) Plaintiff filed Objections to the Report and

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Recommendation. (Doc. # 267.)2 Judge Hicks has not yet evaluated the Report and Recommendation.

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Thus, for the same rationale recited by the court in denying Plaintiff's first "Martinez" motion,

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Refers to court's docket number.

Plaintiff's objections erroneously referenced the Report and Recommendation as being Doc. "256." (Doc. # 267.)
The correct docket number for the report and recommendation is Doc. # 265.

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the court finds the present motion to be premature. Until Judge Hicks establishes the exact parameters

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of this case and identifies which of the 42+ defendants this action will be allowed to proceed against,

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the court's consideration of a motion seeking a "Martinez" report is premature.

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As with this court's consideration of Plaintiff's initial "Martinez" motion, this order should not

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be read as suggesting the court will order such a report or that such a report would be appropriate for this

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case. See, Order. Doc. # 220. The court will consider all of the issues attendant to the propriety of a

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"Martinez" report if Plaintiff refiles his motion after Judge Hicks has addressed the Report and

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Recommendation regarding Plaintiff's proposed second amended complaint.

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Plaintiff's motion (Doc. # 286) is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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DATED: May 28, 2014.

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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