Randolph v. Cox, et al.

Filing 10

ORDERED that the motion to amend complaint (ECF No. 8 ) is granted. Plaintiff shall file a notice with the Court on or before Friday, August 11, 2017 re mediation or screening as specified herein. Signed by Magistrate Judge William G. Cobb on 7/10/2017. (Copies have been distributed pursuant to the NEF - DRM)

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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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JAMES COX, et al.,
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Defendants.
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___________________________________ )

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I.

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ROGER RANDOLPH,

3:16-cv-00468-MMD-WGC
ORDER

DISCUSSION

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On May 17, 2017, this Court entered a screening order which stayed the case for ninety

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(90) days and referred the case to the Inmate Early Mediation Program. (ECF No. 6 at 10).

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In the order, the Court ordered that “no other pleadings or papers will be filed in this case, and

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the parties will not engage in any discovery” during the ninety-day stay period. (Id.).

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On June 13, 2017, Plaintiff filed a motion to amend complaint. (ECF No. 8). On July 7,

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2017, Plaintiff filed a first amended complaint. (ECF No. 9). The Court directs Plaintiff to file

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a notice informing the Court whether he wants to proceed on his first amended complaint

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(ECF No. 9) or his original complaint (ECF No. 5). The Court notes that, if Plaintiff chooses

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to proceed with the first amended complaint, the Court will not schedule an early mediation

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conference as directed by the May 17, 2017 screening order. Instead, the Court will screen

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Plaintiff’s first amended complaint and then order the case to proceed to m ediation if any of

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Plaintiff’s claims survive screening of the first amended complaint. Plaintiff should be aware

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that the screening process will take several months to complete. If Plaintiff would like his case

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to proceed now, he may file a notice with the Court indicating his desire to proceed to

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mediation on his original complaint.

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II.

For the foregoing reasons, IT IS ORDERED that the motion to amend complaint

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CONCLUSION

(ECF No. 8) is granted.

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IT IS FURTHER ORDERED that Plaintiff shall file a notice with the Court on or before

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Friday, August 11, 2017 indicating whether Plaintiff would like to: (a) proceed to mediation on

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his original complaint and dismiss his first amended complaint or (b) proceed with his first

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amended complaint and await screening. If Plaintiff chooses to proceed to mediation on his

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original complaint, the Court will schedule an early inmate mediation conference as soon as

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possible.

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IT IS FURTHER ORDERED that, if Plaintiff does not file a notice with the Court

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indicating his desire to proceed to mediation on his original complaint on or before Friday,

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August 11, 2017, the Court will screen the first amended complaint.

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IT IS FURTHER ORDERED that, if Plaintiff chooses to proceed with his first amended

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complaint, no further action is required by Defendants in this case until further order by this

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Court.

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DATED: July 10, 2017.

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_________________________________
United States Magistrate Judge

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