Carter v. Dreesen

• Court: District Court, D. Nevada
• Decided: May 27, 2025
• Docket: 2:24-cv-01076
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 SHANNON CARTER, Case No. 2:24-cv-01076-JAD-NJK 7 Plaintiff(s), ORDER 8 v. [Docket No. 12] 9 FRANK DRESSEN, et al., 10 Defendant(s). 11 Pending before the Court is Plaintiff’s filing that includes a motion to stay proceedings, an 12 emergency motion for temporary restraining order and preliminary injunction, a motion to 13 supplement the complaint, and a motion for appointment of counsel. Docket No. 12.1 The defense 14 filed a response raising technical procedural arguments. Docket No. 13. Plaintiff filed a reply. 15 Docket No. 16. The motions have been referred to the undersigned magistrate judge for handling. 16 The Court begins with the defense’s contention that Plaintiff’s filing violates Local Rule 17 IC 2-2(c), in that separate motions were combined into a single PDF for filing. Docket No. 13 at 18 1-2 n.2. As a threshold matter, it is not clear whether it was the law library or Plaintiff that decided 19 to combine the various motions into a single PDF. Regardless, however, the Court declines to 20 deny relief to Plaintiff based on this highly technical argument in the circumstances of this case. 21 See Local Rule IA 1-4 (“The court may sua sponte . . . change, dispense with, or waive any of 22 these rules if the interests of justice so require”). Instead, the Court will provide separate docket 23 numbers for the four motions that were joined in the single PDF. 24 Turning to the motions themselves, the reply appears to seek withdrawal of the motion to 25 stay. See Docket No. 16. As such, that motion will be denied as withdrawn. 26 27 1 The Court liberally construes the filings of pro se litigants, particularly those who are 28 prisoners bringing civil rights claims. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013). ] Accordingly, the Court hereby ORDERS as follows: 2 e The Clerk’s Office is INSTRUCTED to refile Docket No. 12 as three additional motions: 3 (1) an emergency motion for temporary restraining order and preliminary injunction; (2) a 4 motion to supplement the complaint; and (3) a motion for appointment of counsel. 5 e The deadline is RESET to June 2, 2025, to respond to the emergency motion for temporary 6 restraining order and preliminary injunction, motion to supplement the complaint, and 7 motion for appointment of counsel. Any reply from Plaintiff must be filed by June 9, 2025. 8 e The motion to stay (Docket No. 12) is DENIED as withdrawn. 9 IT IS SO ORDERED. 10 Dated: May 27, 2025 . 11 fo ‘en fe , Nancy J. Koppe 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28