Salas v. Koehn et al

Filing 46

ORDER that the Plaintiff's Objections to Minute Order (ECF No. 40 ) is DENIED without prejudice. Signed by Judge Robert C. Jones on 4/18/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JERRY SALAS
Plaintiff,
v.

3:16-CV-00635-RCJ-CBC

MICHAEL KOEHN et al.,

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ORDER
Defendants.

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Before this Court is the Plaintiff’s Objections to Minute Order (ECF No. 40). In the motion,

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the Plaintiff objects to an interlocutory minute order of Magistrate Judge Carla B. Carry (ECF No.

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36), which denied the Plaintiff’s Motion for Medical Records (ECF No. 32).

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The case is currently stayed pending the screening of Plaintiff’s First Amended Complaint

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(ECF No. 30). It is currently unclear, which claims, if any, will survive the screening process. In

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the ECF No. 36 Order, Judge Carry held it was not necessary to depart from the prion’s policy at

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this juncture by allowing the Plaintiff to have his medical records in his possession. Nev. Dep’t.

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of Corrections Admin. Reg. 639.

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The Supreme Court has held that the lower courts are given broad discretion to stay cases

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as a matter of their inherent authority. Landis v. North American Co., 299 U.S. 248, 254 (1939).

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The Plaintiff files the instant motion in contravention to the Court ordered stay of the case pending

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the screening. As a part of the Court’s broad discretion and inherent authority, the Court declines

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to address the merits of the instant motion, until the screening process is completed, and the stay

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is lifted. At such time, the Court may consider the merits of Plaintiff’s contentions.
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CONCLUSION
IT IS HEREBY ORDERED that the Plaintiff’s Objections to Minute Order (ECF No. 40)
is DENIED without prejudice.
IT IS SO ORDERED.
DATED: This 18 day of March 2019.
Dated this 28th day of April, 2019.
th

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_________________________________
ROBERT C. JONES
United States District Judge

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