Kevin Fernandez v. State of Nevada

FILED
NOT FOR PUBLICATION MAR 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KEVIN LYNN FERNANDEZ, No. 10-17758
Plaintiff - Appellant, D.C. No. 3:10-cv-00373-ECR-
RAM
v.
STATE OF NEVADA; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Kevin Lynn Fernandez, a Nevada state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various
constitutional and state law violations. We have jurisdiction under 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291. We review for an abuse of discretion a district court’s decision to dismiss
an action as duplicative, Adams v. Cal. Dep’t of Health Servs., 487 F.3d 684, 688
(9th Cir. 2007), and we reverse and remand.
The district court abused its discretion by dismissing this action as
duplicative of Fernandez’s other action, Fernandez v. Nevada, No. 06-cv-00628-
LRH-RAM (D. Nev.), because the causes of action in the two cases do not arise
out of the same transactional nucleus of facts and do not involve substantially the
same evidence and are not, therefore, the same causes of action. See Adams, 487
F.3d at 689.
Fernandez shall bear his own costs on appeal.
REVERSED and REMANDED.
2 10-17758