Polk v. Du et al

Filing 24

ORDER denying Plaintiff's ECF No. 23 Motion to Vacate. Signed by Judge Robert C. Jones on 2/17/2017. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6
7
8
9
10
11

______________________________________
)
)
RENARD T. POLK,
)
)
Plaintiff,
)
)
vs.
)
)
MIRANDU DU et al.,
)
)
Defendants.
)
)

3:15-cv-00488-RCJ-WGC
ORDER

12
Plaintiff Renard Polk sued several Defendants in this Court, and the Court dismissed

13
14

based on immunity and other jurisdictional bars. Plaintiff appealed, but the Court of Appeals

15

dismissed the appeal for failure to prosecute. Plaintiff has now asked the Court to reconsider

16

dismissal, arguing that the Court should not have screened his case under 28 U.S.C. § 1915A

17

because he is no longer a prisoner. But he listed his address as “ESP” (Ely State Prison) on the

18

Petition, in which he listed several complaints about prison conditions, and his current address is

19

listed as Lovelock Correctional Center. Moreover, as the Magistrate Judge correctly noted in the

20

screening R&R, the Complaint was required to be screened under § 1915 whether or not Plaintiff

21

was incarcerated or had anything to do with prison conditions, because he sought to proceed in

22

forma pauperis.

23

///

24
1 of 2

1

CONCLUSION

2

IT IS HEREBY ORDERED that the Motion to Vacate (ECF No. 23) is DENIED.

3

IT IS SO ORDERED.

4

DATED: This day of February, 2017.
Dated this 9th 17th day of February, 2017.

5
6

_____________________________________
ROBERT C. JONES
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2 of 2