Rodriguez v. Keast ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 FERNANDO RODRIGUEZ, Case No. 3:24-cv-00327-MMD-CSD 4 Plaintiff ORDER 5 v. 6 JOHN KEAST, et al., 7 Defendants 8 9 10 On July 24, 2024, pro se plaintiff Fernando Rodriguez, an inmate in the custody of 11 the Nevada Department of Corrections who is housed at Northern Nevada Correctional 12 Center (“NNCC”), submitted a document titled “emergency motion for preliminary 13 injunction and/or temporary restraining order.” (ECF Nos. 1-1). But Plaintiff neither paid 14 the full $405 filing fee for a civil action nor filed an application to proceed in forma 15 pauperis. And his initiating document does not constitute a complaint. 16 Plaintiff states in the motion that he is submitting a “first amended complaint” and 17 supporting exhibits along with the motion. But no such documents were submitted with 18 the motion. Moreover, the Court notes that Plaintiff filed an earlier action styled Rodriguez 19 v. Keast, Case No. 3:24-cv-00218-MMD-CSD, that is still pending and appears to concern 20 the matters discussed in the motion filed in this action. The Court will grant Plaintiff an 21 extension of time to submit a signed complaint and either pay the full $405 filing fee or 22 file a fully complete application to proceed in forma pauperis by an inmate at NNCC. 23 Alternatively, if Plaintiff intended to file his injunctive-relief motion in Case No. 3:24-cv- 24 00218-MMD-CSD, and this new action was filed in error, then he must file notice under 25 Federal Rule of Civil Procedure 41(a)(1)(A)(i) voluntarily dismissing this action (Case 26 No. 3:24-cv-00327-MMD-CSD), and file his motion in his earlier action (3:24-cv-00218- 27 MMD-CSD). 28 1 I. DISCUSSION 2 “A civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3 3. “A civil-rights complaint filed by a person who is not represented by an attorney must 4 be submitted on the form provided by this Court or must be legible and contain 5 substantially all the information called for by the Court’s form.” Nev. LSR 2-1. The 6 complaint must be signed personally by the unrepresented party. Fed. R. Civ. P. 11(a). 7 This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. 8 § 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, which 9 includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(b). “Any 10 person who is unable to prepay the fees in a civil case may apply to the court for leave to 11 proceed in forma pauperis.” Nev. LSR 1-1. Effective February 1, 2024, NNCC inmates 12 filing lawsuits in the U.S. District Court for the District of Nevada are directed to apply for 13 in forma pauperis status using the form titled “Application to Proceed In Forma Pauperis 14 by an Inmate at Northern Nevada Correctional Center.” 15 “Plaintiffs generally have ‘no right to maintain two separate actions involving the 16 same subject matter at the same time in the same court and against the same defendant.’” 17 Adams v. Cal. Dept. of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007), overruled on 18 other grounds by Taylor v. Sturgell, 553 U.S. 880, 904 (2008), (quoting Walton v. Eaton 19 Corp., 563 F.2d 66, 70 (3d Cir. 1977)). This Court has “discretion to dismiss a duplicative 20 later-filed action, to stay that action pending resolution of the previously filed action, to 21 enjoin the parties from proceeding with it, or to consolidate both actions.” Id. Additionally, 22 duplicative litigation by a plaintiff proceeding in forma pauperis may be dismissed as 23 malicious under 28 U.S.C. § 1915(e). See Cato v. United States, 70 F.3d 1103, 1105 n.2 24 (9th Cir. 1995) (collecting cases). 25 II. CONCLUSION 26 It is therefore ordered that Plaintiff has until August 26, 2024, to submit a signed 27 complaint to this Court. 28 1 It is further ordered that Plaintiff has until August 26, 2024, to either pay the full 2| $405 filing fee or file a fully complete application to proceed in forma pauperis, which is 3] pages 1-3 of the Court’s approved form for inmates at NNCC. 4 Alternatively if Plaintiff intended to file his injunctive-relief motion in his earlier action (Case No. 3:24-cv-00218-MMD-CSD), and this action was initiated in error, then on or August 26, 2024, he must file notice under Federal Rule of Civil Procedure 41(a)(1)(A)(i) voluntarily dismissing this action (Case No. 3:24-cv-00327-MMD-CSD), and he must take the appropriate steps to file his motion in his other case. 9 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 10 | Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 11 to refile the case with the Court, under a new case number, when Plaintiff can file a 12 | complaint and either pay the filing fee or properly apply for in forma pauperis status. 13 The Clerk of the Court is directed to send Plaintiff Fernando Rodriguez (1) the 14 | approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same and 15 | (2) an application to proceed in forma pauperis by an inmate at NNCC and instructions for the same. 17 18 DATED THIS 26th day of July 2024. CS By 20 UNITED STATES M TRATE JUDGE 22 23 24 25 26 27 28