Polk v. Du et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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______________________________________
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RENARD T. POLK,
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Plaintiff,
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vs.
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MIRANDU DU et al.,
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Defendants.
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3:15-cv-00488-RCJ-WGC
ORDER
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Plaintiff Renard Polk sued several Defendants in this Court, and the Court dismissed
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based on immunity and other jurisdictional bars. Plaintiff appealed, but the Court of Appeals
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dismissed the appeal for failure to prosecute. Plaintiff has now asked the Court to reconsider
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dismissal, arguing that the Court should not have screened his case under 28 U.S.C. § 1915A
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because he is no longer a prisoner. But he listed his address as “ESP” (Ely State Prison) on the
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Petition, in which he listed several complaints about prison conditions, and his current address is
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listed as Lovelock Correctional Center. Moreover, as the Magistrate Judge correctly noted in the
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screening R&R, the Complaint was required to be screened under § 1915 whether or not Plaintiff
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was incarcerated or had anything to do with prison conditions, because he sought to proceed in
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forma pauperis.
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CONCLUSION
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IT IS HEREBY ORDERED that the Motion to Vacate (ECF No. 23) is DENIED.
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IT IS SO ORDERED.
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DATED: This day of February, 2017.
Dated this 9th 17th day of February, 2017.
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_____________________________________
ROBERT C. JONES
United States District Judge
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