Gorsline v. Nevada Department of Corrections et al

Filing 55

ORDER - It is therefore ordered that the Court's order on Defendants' motion to dismiss ECF No. 45 is vacated. It is further ordered that Defendants' motion to dismiss ECF No. 35 is granted. It is further ordered tha t Plaintiff's second amended complaint ECF No. 26 is dismissed without prejudice. It is further ordered that Plaintiff is given leave to amend her complaint within 45 days. If Plaintiff fails to file a third amended complaint by January 6, 2025, the Court may dismiss this case. Signed by District Judge Anne R. Traum on 11/22/2024. (Copies have been distributed pursuant to the NEF - GA)

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4
5
6
7
8
9
10
11
12
13

AJA GORSLINE,
v.

Case No. 3:21-cv-00019-ART-CLB
Plaintiff,

ORDER GRANTING LEAVE TO
AMEND

CHARLES DANIELS, Director of the
Nevada Department of Corrections;
BRIAN WILLIAMS, Warden, Deputy
Director of Operations; TIM GARRETT,
Acting Warden and Associate Warden
of the Lovelock Correctional Center;
KIRK WIDMAR, Acting Associate
Warden and Correctional Lieutenant
of the LCC; BOBBY K. PRESTON,
Correctional Lieutenant of the LCC;
JASON C. CHASON, Shift Commander
of the LCC; TYLER RANDALL; JOHN
AND JANE DOES, 1-40,
Defendants.

14
15
16

This case is before the Court again following an appeal by Defendants to

17

the Ninth Circuit Court of Appeals. (ECF No. 46.) Pursuant to the memorandum

18

(ECF No. 53) and mandate (ECF No. 54) of the Ninth Circuit, the Court’s order on

19

Defendants’ motion to dismiss (ECF No. 45) is vacated and Defendants’ motion

20

to dismiss (ECF No. 35) is granted. Gorsline may file a third amended complaint

21

that seeks to remedy the deficiencies identified in the Ninth Circuit’s

22

memorandum.

23
24
25
26
27
28

It is therefore ordered that the Court’s order on Defendants’ motion to
dismiss (ECF No. 45) is vacated.
It is further ordered that Defendants’ motion to dismiss (ECF No. 35) is
granted.
It is further ordered that Plaintiff’s second amended complaint (ECF No.
26) is dismissed without prejudice.

1

1

It is further ordered that Plaintiff is given leave to amend her complaint

2

within 45 days. If Plaintiff fails to file a third amended complaint by January 6,

3

2025, the Court may dismiss this case.

4
5
6

DATED THIS 22nd day of November 2024.

7
8
9

ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2