Breland v. Bobadilla et al

Filing 3

ORDER IFP Application 1 is denied as moot. Clerk shall file complaint. Complaint is dismissed with prejudice. Plaintiff shall file any change of claims with respect to factual allegations alleged in this case's complaint in amended complaint in case 3:14-cv-664. Plaintiff shall not file any more documents in this case. Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 6/25/15. (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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Plaintiff,
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v.
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MICHAEL BOBADILLA et al.,
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Defendants.
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___________________________________ )

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I.

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ANDRE A. BRELAND,

3:15-cv-138-RCJ-WGC
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed

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an application to proceed in forma pauperis. (ECF No. 1, 1-1). The Court dismisses this case

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with prejudice. Plaintiff admits that he filed another complaint alleging the same facts as the

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instant complaint in Breland v. Jenkins, 3:14-cv-664-RCJ-VPC and that he is awaiting

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disposition in that case. (See ECF No. 1-1 at 9). To the extent that Plaintiff is attempting to

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raise different claims in this complaint based on the same factual allegations alleged in the

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3:14-cv-664-RCJ-VPC complaint, Plaintiff may not initiate a completely new lawsuit. Instead,

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Plaintiff must amend his pleading in the 3:14-cv-664-RCJ-VPC case. See Fed. R. Civ. P.

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15(a).

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II.

For the foregoing reasons, IT IS ORDERED that the application to proceed in forma

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pauperis (ECF No. 1) is denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall file the complaint (ECF No.

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CONCLUSION

1-1).
IT IS FURTHER ORDERED that the complaint is dismissed in its entirety with prejudice.

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IT IS FURTHER ORDERED that Plaintiff shall file any change of claims with respect

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to the set of factual allegations alleged in this case’s complaint (ECF No. 1-1) in an amended

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complaint in case 3:14-cv-664-RCJ-VPC.

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IT IS FURTHER ORDERED that Plaintiff shall not file any more documents in this case.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment

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accordingly.

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Dated thisThis _____ day of June, 2015.
DATED: 25th day of June, 2015.

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_________________________________
United States District Judge

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