Jones v. Stolk

Opinion

Case No.: 3:22-cv-00502-ART-CSD JOHNNY LEE JONES, III, Order Plaintiff Re: ECF No. 24, 29, 34, 46 v. SGT. STOLK, et al., Defendants

Plaintiff has filed four documents that are titled as “open letters” to the assigned Deputy Attorney General (DAG). (ECF Nos. 24, 29, 34, 36.) In these letters, Plaintiff asks the assigned DAG to withdraw an argument from a filing. Courts have inherent power to control their dockets see Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010) (citations omitted), and to "achieve the orderly and expeditious disposition of cases." Chambers v. Nasco, Inc., 501 U.S. 32, 43 (1991). "This includes the power to strike items from the docket as a sanction for litigation conduct." Ready, 627 F.3d at 404 (citations omitted); see also Wallace v. U.S.A.A. Life General Agency, Inc., 862 F.Supp.2d 1062, 1068 (D. Nev. 2012) (citing Ready, 627 F.3d at 404). "Such power is indispensable to the court's ability to enforce its orders, manage its docket, and regulate insubordinate...conduct." Id. (citing Mazzeo v. Gibbons, No. 2:08-cv-01387-RLH-PAL, 2010 WL 3910072, at * 2 (D. Nev. Sept. 30, 2010)). If Plaintiff wishes to request that opposing counsel withdraw an argument, he should send a letter to opposing counsel, which should not be filed with the court. If Plaintiff seeks relief from the court, the document should be styled as a motion. However, a request that an argument 1} be withdrawn is not a proper topic for a motion. Plaintiffs assertion that an argument is inappropriate may be properly raised in a reply brief that responds to an opposition filed by the other side. The Clerk shall STRIKE from the record ECF Nos. 24, 29, 34, and 46. IS SO ORDERED. 6 Dated: April 3, 2023 CS x Craig S. Denney 8 United States Magistrate Judge 9 1]