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Greene v. State, Department of Corrections

United States District Court, D. Nevada

March 10, 2015

DELBERT GREENE, Plaintiff(s),
v.
THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Defendant(s)

ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is defendants Roger Tobar, Brian Williams, and Jo Gentry's motion for summary judgment. (Doc. # 37). Pro se plaintiff Delbert Greene filed a response (doc. # 45) and defendants filed a reply (doc. # 47).

Also before the court is plaintiff's cross-motion for summary judgment. (Doc. # 46). Defendants filed a response (doc. # 49) and plaintiff filed a reply (doc. # 50).

I. Background

This is a pro se prisoner civil rights action. Plaintiff Delbert Greene is currently in the custody of the Nevada Department of Corrections ("NDOC"). This case arises out of incarcerated plaintiff's allegations that prison officials improperly confiscated personal items of plaintiff's. (Doc. # 29 at 16). Plaintiff claims that prison officials then "maliciously destroyed" his personal property, including legal documents that were necessary for a pending court case. (Doc. # 29 at 16).

On May 29, 2013, plaintiff filed his complaint in state court. (Doc. # 1-2). Defendants removed the case to federal court on September 9, 2013. (Doc. # 1). Plaintiff filed a motion to amend his complaint on November 6, 2013. (Doc. # 9). On January 15, 2014, this court entered a screening order pursuant to 28 U.S.C. ยง 1915A granting plaintiff's motion to amend his complaint and ordering the clerk to file the amended complaint.[1] (Doc. # 13).

This court's screening order ruled as follows:

▪ Count I, alleging retaliation against Tobar, is DISMISSED with prejudice.
▪ Count II, alleging retaliation against Tobar, SHALL PROCEED.
▪ Counts III, IV and V, alleging retaliation against Burson, SHALL PROCEED.
▪ Count VI, alleging due process against Tobar, SHALL PROCEED.
▪ Count VII, alleging breach of contract against Williams, Tobar, and Burson, is DISMISSED with prejudice, as amendment would be futile.
▪ Count VIII, alleging denial of the right to access the courts against Tobar, Burson, and Williams, SHALL PROCEED against Tobar and Burson.
▪ Count VIII is DISMISSED with prejudice as to Williams, as amendment would be futile.
▪ Count IX, alleging retaliation against Tobar, is DISMISSED.
▪ All claims against the state of Nevada and the NDOC are DISMISSED with prejudice, as amendment ...

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