Barren v. Roger et al

Filing 50

ORDER Denying 49 Plaintiff's Motion for Status Check. IT IS FURTHER ORDERED that Plaintiff initiate a Fed. R. Civ. P. 26(f) meeting by Wednesday, February 12, 2014. The parties shall submit a stipulated discovery plan and scheduling order by Wednesday, February 19, 2014. Signed by Magistrate Judge Carl W. Hoffman on 1/29/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREGORY D. BARREN, SR.,

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Plaintiff,
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vs.
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OFFICER T. ROBINSON, et al.,
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Defendants.
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__________________________________________)

Case No. 2:11-cv-00650-RLH-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion for Status Check (#49), filed January
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28, 2014. Plaintiff is proceeding pro se and has been authorized to proceed in forma pauperis.
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In this motion, Plaintiff requests that the Court inform him how to proceed in litigating his
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case. “Courts have a duty to construe pro se pleadings liberally, including pro se motions as wells
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as complaints.” Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003) (citations
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omitted). That duty does not, however, extend to providing legal advice or directing the litigation
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of a pro se litigant’s case. See Pliler v. Ford, 524 U.S. 225, 231 (2004) (“District judges have no
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obligation to act as counsel or paralegal to pro se litigants.”); see also Bias v. Moynihan, 508 F.3d
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1212, 1219 (9th Cir. 2007) (“A district court lacks the power to act as a party’s lawyer, even for pro
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se litigants.”). In Bias, the Ninth Circuit succinctly stated:
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The hazards which beset a layman when he seeks to represent himself are
obvious. He who proceeds pro se with full knowledge and understanding of the
risks does so with no greater rights than a litigant represented by a lawyer, and the
trial court is under no obligation to become an “advocate” for or to assist and
guide the pro se laymen through the trial thicket.

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508 F.3d at 1219 (citations omitted). At most, when a pro se litigant requests legal counsel or
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advice from the Court, the litigant may be directed to the applicable local or federal rule. Gordon
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v. Barnett, 2007 WL 4358314 *3 (W.D. Wash.).
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The Court is not obligated or inclined to direct litigation for a party proceeding pro se.

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Thus, Plaintiff’s request that the Court inform him how to proceed with his case is denied. The

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Court notes that a stipulated scheduling order has not been filed in this matter. Local Rule 26-1(d)

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provides that a plaintiff “shall initiate the scheduling of a Fed. R. Civ. P. 26(f) meeting within thirty

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(30) days after the first defendant answers or otherwise appears.” The rule further provides that the

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parties submit a stipulated discovery plan and scheduling order within fourteen (14) days after the

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Rule 26(f) conference. See LR 26-1(d). Defendants’ answer was filed in this matter on November

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20, 2013, meaning Plaintiff was obligated to initiate a Rule 26(f) conference by December 20,

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2013. Based on the Court’s calculation, the stipulated discovery plan and scheduling order was

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then due on January 3, 2014. It has not been filed and there is no indication that the Rule 26(f)

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conference was held. Consequently, the Court will order that Plaintiff initiate a Fed. R. Civ. P.

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26(f) meeting by Wednesday, February 12, 2014. The parties shall submit a stipulated discovery

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plan and scheduling order by Wednesday, February 19, 2014.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Status Check (#49) is denied.

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IT IS FURTHER ORDERED that Plaintiff initiate a Fed. R. Civ. P. 26(f) meeting by

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Wednesday, February 12, 2014. The parties shall submit a stipulated discovery plan and

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scheduling order by Wednesday, February 19, 2014.

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DATED: January 29, 2014.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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