Willing v. State of Nevada

D. Nevada

Willing v. State of Nevada

District Court, D. Nevada·Decided July 1, 2022·No. 2:22-cv-00795·Unknown

Opinion

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 CHRIS WILLING, 5 Case No. 2:22-cv-00795-CDS-VCF Plaintiff, 6 vs. ORDER MOTION TO CHALLENGE SENATE BILL 8 Defendant. NO. 182 [ECF No. 1] 9

10 Pro se plaintiff Chris Willing’s initiating documents in this case include a motion to challenge 11 Senate Bill 182, a notice to the Court about his motion, and his payment of the filing fee. ECF Nos. 1, 1- 12 1, and 1-2. Plaintiff cannot initiate a lawsuit with a motion alone. Under Federal Rule of Civil 13 Procedure 3, a “civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. I 14 15 order the plaintiff to file a complaint on the Court’s approved form. 16 Accordingly, 17 I ORDER that plaintiff must file a complaint on the Court’s approved form by Monday, August 18 1, 2022 19 NOTICE 20 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 21 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 22 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 23 may determine that an appeal has been waived due to the failure to file objections within the specified 24 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 25 objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the

5 District Court. Martinez v. YIst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch.

3 || Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file 4 || written notification with the court of any change of address. The notification must include proof of 5 || service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by 6 || counsel. Failure to comply with this rule may result in dismissal of the action. 8 DATED this Ist day of July 2022. .

10 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 CHRIS WILLING, 5 Case No. 2:22-cv-00795-CDS-VCF Plaintiff, 6 vs. ORDER MOTION TO CHALLENGE SENATE BILL 8 Defendant. NO. 182 [ECF No. 1] 9

10 Pro se plaintiff Chris Willing’s initiating documents in this case include a motion to challenge 11 Senate Bill 182, a notice to the Court about his motion, and his payment of the filing fee. ECF Nos. 1, 1- 12 1, and 1-2. Plaintiff cannot initiate a lawsuit with a motion alone. Under Federal Rule of Civil 13 Procedure 3, a “civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. I 14 15 order the plaintiff to file a complaint on the Court’s approved form. 16 Accordingly, 17 I ORDER that plaintiff must file a complaint on the Court’s approved form by Monday, August 18 1, 2022 19 NOTICE 20 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 21 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 22 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 23 may determine that an appeal has been waived due to the failure to file objections within the specified 24 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 25 objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the

5 District Court. Martinez v. YIst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch.

3 || Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file 4 || written notification with the court of any change of address. The notification must include proof of 5 || service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by 6 || counsel. Failure to comply with this rule may result in dismissal of the action. 8 DATED this Ist day of July 2022. .

10 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Willing v. State of Nevada, (D. Nev. 2022).

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