Nguyen v. Collins et al
Filing
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ORDER that the Clerk of Court SHALL FILE IN THE INSTANT CASE documents at dkt. no. 1 and dkt. no. 2 which were filed in case number 2:13-cv-00274-MMD-PAL. IT IS FURTHER ORDERED that the Clerk of Court SHALL FILE a copy of this order in case number 2:13-cv-00274-MMD-PAL. The Clerk of Court SHALL CLOSE case number 2:13-cv-00274-MMD-PAL. Plaintiffs claims SHALL PROCEED under the instant case number. Signed by Judge Miranda M. Du on 02/22/2013. (Copies have been distributed pursuant to the NEF - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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LAN THI TRAN NGUYEN,
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Case No. 2:13-cv-00273-MMD-CWH
Plaintiff,
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v.
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ORDER
COLLINS, et al.,
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Defendants.
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On February 19, 2013, the Clerk of Court received documents from plaintiff, who
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is an inmate at the Dublin Correctional Facility in California. These documents included
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a complaint, an application to proceed in forma pauperis, a statement of facts, and a
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motion for counsel. Instead of opening one case with these documents, the Clerk of
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Court erroneously opened two cases: (1) the instant action, in which the complaint,
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application to proceed in forma pauperis, and motion for counsel were filed; and (2) a
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second action, case number 2:13-cv-00274-MMD-PAL, in which plaintiff’s statement of
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facts and motion for counsel were filed. Upon review of the documents filed in both
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cases, the Court concludes that only one action should have been opened by the Clerk
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of Court. The complaint in the instant action directly references the statement of facts
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that the Clerk filed in case number 2:13-cv-00274-MMD-PAL. Both the complaint in the
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instant action and the statement of facts filed in 2:13-cv-00274-MMD-PAL concern the
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same subject matter: Allegations that plaintiff and other inmates were subjected to
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unconstitutional conditions of confinement such as a lack of medical care, a lack of
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sanitation, improper hygiene, and other unfavorable conditions of confinement while
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incarcerated at the Nevada Southern Detention Center, located in Pahrump, Nevada.
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(Dkt. no. 1-1 in 2:13-cv-00273-MMD-CWH; dkt. no. 1, in 2:13-cv-00274-MMD-PAL.)
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Because all of these documents should have been opened as one action, this order
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directs the Clerk of Court to correct its mistake by closing the later-filed action, 2:13-cv-
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00274-MMD-PAL, and file the documents in the instant case, 2:13-cv-000273-MMD-
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CWH.
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IT IS THEREFORE ORDERED that the Clerk of Court SHALL FILE IN THE
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INSTANT CASE documents at dkt. no. 1 and dkt. no. 2 which were filed in case number
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2:13-cv-00274-MMD-PAL.
IT IS FURTHER ORDERED that the Clerk of Court SHALL FILE a copy of this
order in case number 2:13-cv-00274-MMD-PAL.
IT IS FURTHER ORDERED that the Clerk of Court SHALL CLOSE the
erroneously-opened action at case number 2:13-cv-00274-MMD-PAL.
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IT IS FURTHER ORDERED that plaintiff’s claims SHALL PROCEED under the
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instant case number. All filings by plaintiff shall be captioned with the case number of
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the instant action, 2:13-cv-273-MMD-CWH. A screening order will be issued in due
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course.
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DATED THIS 22nd day of February 2013.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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