Shelton v. Jaddou

D. Nevada

Shelton v. Jaddou

DecidedApril 3, 2023

Docket2:23-cv-00175

StatusUnknown

This text of Shelton v. Jaddou (Shelton v. Jaddou) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shelton v. Jaddou, (D. Nev. 2023).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 DRAKE ALDEN SHELTON, 7 Case No. 2:23-cv-00175-JAD-NJK Plaintiff, 8 ORDER v. 9 [Docket Nos. 16, 17] UR JADDOU, 10 Defendant. 11 12 Plaintiff has filed two notices on the Docket. See Docket Nos. 16 (notice of rules of the 13 Shelton Court docketed as a certificate of service); 17 (notice of bill for trespass). 14 District courts have authority to strike an improper filing under their inherent power to 15 control the docket. E.g., Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010); 16 Metzger v. Hussman, 682 F. Supp. 1109, 1110-11 (D. Nev. 1988). “Striking material under the 17 Court’s inherent power is wholly discretionary.” Fed. Nat’l Mortg. Assoc. v. Willis, 2016 WL 18 11247554, at *1 (D. Nev. Oct. 14, 2016). Courts also have a general duty to avoid deciding 19 unnecessary issues. See, e.g., U.S. Sec. & Exch. Comm’n v. Jensen, 835 F.3d 1100, 1113 n.6 (9th 20 Cir. 2016). In deciding whether to exercise their discretion to strike an improper filing, courts 21 consider whether striking the filing would “further the overall resolution of the action,” and 22 whether the filer has a history of excessive and repetitive filing that have complicated 23 proceedings. Jones v. Skolnik, 2015 WL 685228, at *2 (D. Nev. Feb. 18, 2015). 24 Plaintiff’s filings present no dispute to the Court to resolve in furthering the resolution of 25 this action. Additionally, the filings fail to comply with the Federal Rules of Civil Procedure and 26 this Court’s Local Rules. See, e.g., Fed. Rs. Civ. P. 1 (providing that only the Federal Rules of 27 Civil Procedure govern civil actions in federal court), 7(b); Local Rule 7-2. 28 1 Accordingly, the Clerk’s Office is INSTRUCTED to strike the filings at Docket Nos. 16 2|| and 17. 3 IT IS SO ORDERED. 4 Dated: April 3, 2023

6 United-States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 DRAKE ALDEN SHELTON, 7 Case No. 2:23-cv-00175-JAD-NJK Plaintiff, 8 ORDER v. 9 [Docket Nos. 16, 17] UR JADDOU, 10 Defendant. 11 12 Plaintiff has filed two notices on the Docket. See Docket Nos. 16 (notice of rules of the 13 Shelton Court docketed as a certificate of service); 17 (notice of bill for trespass). 14 District courts have authority to strike an improper filing under their inherent power to 15 control the docket. E.g., Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010); 16 Metzger v. Hussman, 682 F. Supp. 1109, 1110-11 (D. Nev. 1988). “Striking material under the 17 Court’s inherent power is wholly discretionary.” Fed. Nat’l Mortg. Assoc. v. Willis, 2016 WL 18 11247554, at *1 (D. Nev. Oct. 14, 2016). Courts also have a general duty to avoid deciding 19 unnecessary issues. See, e.g., U.S. Sec. & Exch. Comm’n v. Jensen, 835 F.3d 1100, 1113 n.6 (9th 20 Cir. 2016). In deciding whether to exercise their discretion to strike an improper filing, courts 21 consider whether striking the filing would “further the overall resolution of the action,” and 22 whether the filer has a history of excessive and repetitive filing that have complicated 23 proceedings. Jones v. Skolnik, 2015 WL 685228, at *2 (D. Nev. Feb. 18, 2015). 24 Plaintiff’s filings present no dispute to the Court to resolve in furthering the resolution of 25 this action. Additionally, the filings fail to comply with the Federal Rules of Civil Procedure and 26 this Court’s Local Rules. See, e.g., Fed. Rs. Civ. P. 1 (providing that only the Federal Rules of 27 Civil Procedure govern civil actions in federal court), 7(b); Local Rule 7-2. 28 1 Accordingly, the Clerk’s Office is INSTRUCTED to strike the filings at Docket Nos. 16 2|| and 17. 3 IT IS SO ORDERED. 4 Dated: April 3, 2023

6 United-States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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