Sampson v. Director N.D.O.P.
Filing
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ORDER granting in part and denying in part 10 motion for reconsideration. Amended complaint due within 30 days. Clerk shall send to Plaintiff complaint form, instructions, copy of original complaint 9 , declaration 5 -2, and screening order 8 (all papers to be mailed 5/18/15). Signed by Judge Miranda M. Du on 5/15/15. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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WILLIE SAMPSON,
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Plaintiff,
ORDER
v.
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Case No. 3:15-cv-00082-MMD-VPC
DIRECTOR NEVADA DEPARTMENT OF
CORRECTIONS et al.,
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Defendants.
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I.
DISCUSSION
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On April 23, 2015, this Court entered a screening order in this case and
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dismissed Counts I and II with leave to amend and dismissed Count III with prejudice.
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(Dkt. no. 8 at 12.) The Court also denied the motion for preliminary injunction. (Id.)
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On May 1, 2015, Plaintiff filed a motion for reconsideration. (Dkt. no. 10.) In this
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motion, Plaintiff alleges that he misspelled a word in Count I which he believes affected
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his substantial rights. (Id. at 2.) Specifically, Plaintiff used the word “closer” when he
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should have used “closure.” (Id.) Plaintiff states that the new allegation would state that
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Northern Nevada Correctional Center had a “policy of the closure of medical sick call to
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inmate population.” (Id.) Plaintiff also believes that this error may have caused the Court
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to dismiss Count III with prejudice. (Id. at 3.) Plaintiff alleges that he was never denied
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medical supplies as the Court interpreted but states that he spoke hypothetically that
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Defendants’ classification policy denied him to be housed in Unit 3 where he “could
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have” received his medical supplies. (Id.) Plaintiff also argues that the Court erred when
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it denied his motion for preliminary injunction because he asked the Court for leave to
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amend to add an ADA claim to his complaint. (Id. at 4.)
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A motion to reconsider must set forth “some valid reason why the court should
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reconsider its prior decision” and set “forth facts or law of a strongly convincing nature to
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persuade the court to reverse its prior decision.” Frasure v. United States, 256
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F.Supp.2d 1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1)
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is presented with newly discovered evidence, (2) committed clear error or the initial
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decision was manifestly unjust, or (3) if there is an intervening change in controlling
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law.” Sch. Dist. No. 1J v. Acands, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “A motion for
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reconsideration is not an avenue to re-litigate the same issues and arguments upon
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which the court already has ruled.” Brown v. Kinross Gold, U.S.A., 378 F.Supp.2d 1280,
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1288 (D. Nev. 2005).
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The Court grants Plaintiff’s motion for reconsideration in part and denies it in part.
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The Court notes that Plaintiff’s corrected use of the term “closure” may affect this
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Court’s analysis with respect to Count I. However, the Court notes that, pursuant to the
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screening order, the Court is still unclear what exactly Plaintiff is attempting to allege in
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that count. As such, the Court granted Plaintiff leave to amend that claim. The Court
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directs Plaintiff to file an amended complaint, use the term “closure”, and address the
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Court’s concerns with Plaintiff’s ADA and RA claim. (See dkt. no. 8 at 7.)
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With respect to Count III, the Court found that Plaintiff failed to state a deliberate
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indifference to serious medical needs claim for not immediately being placed into the
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Unit 3 medical housing unit because Plaintiff still received his medical supplies. (See
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dkt. no. 8 at 8-9.) The Court does not find that Plaintiff’s hypothetical situation where he
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could have received medical supplies in Unit 3 changes that analysis. The Court denies
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Plaintiff’s motion to reconsider its dismissal with prejudice on Count III.
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Additionally, the Court denies Plaintiff’s motion to reconsider the denial of the
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motion for preliminary injunction. However, if Plaintiff seeks to add an ADA claim to his
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complaint, he should do so in his amended complaint. The Court directs Plaintiff to file
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an amended complaint in compliance with this Court’s April 23, 2015, screening order.
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(Dkt. no. 8 at 9, 12).
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II.
CONCLUSION
For the foregoing reasons, it is ordered that the motion for reconsideration (dkt.
no. 10) is denied in part and granted in part.
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It is further ordered that Plaintiff shall file an amended complaint curing the
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deficiencies of his complaint, as outlined in this Court’s April 23, 2015, screening order,
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within thirty (30) days from the date of entry of this order.
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It is further ordered that the Clerk of the Court shall send to Plaintiff the approved
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form for filing a § 1983 complaint, instructions for the same, and a copy of his original
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complaint (dkt. no. 9), declaration (dkt. no. 5-2), and original screening order (dkt. no.
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8). If Plaintiff chooses to file an amended complaint, he must use the approved form and
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he shall write the words “First Amended” above the words “Civil Rights Complaint” in the
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caption.
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It is further ordered that if Plaintiff fails to file an amended complaint curing the
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deficiencies outlined in this Court’s April 23, 2015, screening order, this action shall be
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dismissed without prejudice.
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DATED THIS 15th day of May 2015.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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