Lower v. Haley
| Philip Eugene Lower |
| Mike Haley and Nevada, State Of |
| 3:2010cv00450 |
| July 20, 2010 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert A. McQuaid |
| Edward C. Reed |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
12
ORDER: IT IS ORDERED that the Clerk shall FILE the complaint ([1-1] Exhibit B) ack'd. FURTHER ORDERED that the claims against the State of Nevada are DISMISSED. The State of Nevada is DISMISSED from this action. FURTHER ORDERED that pl aintiff's Fourteenth Amendment claim is DISMISSED with prejudice and without leave to amend. FURTHER ORDERED that plaintiff's Eighth Amendment claims MAY PROCEED. FURTHER ORDERED that defendant shall serve an answer/response within thirty (30) days following the early inmate mediation. If the court declines to mediate this case, the answer/response shall be due shall be due thirty (30) days following the order declining mediation. FURTHER ORDERED that the parties shall DETACH, comp lete, and file the attached Notice of Intent to Proceed With Mediation within thirty (30) days. FURTHER ORDERED that defendants' motion to dismiss 2 is DENIED without prejudice as premature. FURTHER ORDERED that plaintiff's motion for em ergency discovery 5 is DENIED without prejudice. FURTHER ORDERED that plaintiff's motion for enlargement of time 6 is DENIED. (Notice of Compliance is due by 12/8/2010.) Signed by Judge Edward C. Reed, Jr on 11/4/2010. (Copies have been distributed pursuant to the NEF - MLC)
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