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)

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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

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