Aguilar v. Gibbons et al

Filing 35

ORDER Terminating 31 Motion for Order to Show Cause. Denying 32 Motion to Appoint Counsel. The Clerk of Court provide one free copy of each document filed in this case in accordance with the Courts 17 Order. Signed by Judge Kent J. Dawson on 9/4/2012. (Copies have been distributed pursuant to the NEF - SLR) (Main Document 35 replaced on 9/4/2012) (SLR).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GILBERT DEMETRIUS AGUILAR,

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Plaintiff,

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v.

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Case No. 2:10-CV-01349-KJD-RJJ

CONGRESSMAN JAMES GIBBONS, et
al.,

ORDER

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Defendants.
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Before the Court is Plaintiff’s Motion to Show Cause (#31) and Motion for Appointment of
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Counsel (#32). Defendants have filed a response (#32) to the Motion for Appointment of Counsel.
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On July 20, 2012, the Court ordered (#27) that Plaintiff show cause as to why his action
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should not be dismissed for want of prosecution. Plaintiff had not taken any action in the matter for
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nearly a year.
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In response, Plaintiff filed a document styled Motion to Show Cause (#31) which, operates as
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a response to the Court’s Order (#27) to show cause. This filing indicates that Plaintiff is attempting
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to proceed with discovery against Defendants. Accordingly, the Court will not dismiss this matter
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for want of prosecution. However, Plaintiff is warned that further delays in the prosecution of his
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case could lead to dismissal.
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Plaintiff has also requested appointment of counsel. This is Plaintiff’s third request for

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appointment of counsel (##6, 21, 32). The two previous requests were denied by Magistrate Judge

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Johnston. The request for appointment of counsel is denied for the reasons set forth in the previous

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orders (## 13, 23).

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Show Cause (#31) is
terminated as it satisfies the Court’s Order to Show Cause (#27).
IT IS FURTHER ORDERED that the Motion for Appointment of Counsel (#32) is
DENIED.
IT IS FURTHER ORDERED that the Clerk of Court provide one free copy of each

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document filed in this case in accordance with the Court’s Order (#17).

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DATED this 4th day of September 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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