Bailey et al v. Suey et al

Filing 79

ORDER Denying without prejudice 32 Motion to Revoke Plaintiff Bailey In Forma Pauperis Status and Declare a Vexatious Litigant. Motions due by 2/21/2014. Signed by Magistrate Judge Carl W. Hoffman on 2/13/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 ANTHONY BAILEY, et al., 9 10 11 12 13 ) ) Plaintiffs, ) ) vs. ) ) CPT. RICH SUEY, et al., ) ) Defendants. ) __________________________________________) 14 Case No. 2:12-cv-01954-JCM-CWH ORDER This matter is before the Court on Defendants’ Motion to Revoke Plaintiff Anthony 15 Bailey’s In Forma Pauperis Status and Declare Him a Vexatious Litigant (#32), filed April 19, 16 2013; Plaintiff’s Response (#34), filed April 29, 2013; and Defendants’ Reply (#35), filed May 9, 17 2013. 18 Plaintiff’s motion, including exhibits, is 344 pages long. Unless instructed otherwise, 19 Special Order (#109) requires litigants to submit a paper copy to chambers of all electronically filed 20 documents that exceed fifty (50) pages. In turn, Local Rule 10-3 requires exhibits submitted to the 21 Court that are in excess of 100 pages be formatted in a specific manner. The rule has not been 22 complied with in regard to Defendants’ motion (#32). Consequently, the Court will deny 23 Defendants’ motion without prejudice. Defendants are instructed to refile the motion and submit a 24 paper copy to chamber that is fully compliant with Local Rule 10-3. The Court anticipates that, 25 other than formatting changes necessary to bring the submission into compliance, no substantive 26 changes will occur. Accordingly, the Court will not require new briefing as the existing response 27 and reply should suffice. 28 Based on the foregoing and good cause appearing therefore, IT IS HEREBY ORDERED that Defendants’ Motion to Revoke Plaintiff Anthony 1 Bailey’s In Forma Pauperis Status and Declare Him a Vexatious Litigant (#32) is denied without 2 prejudice. Defendants shall refile the motion and submit a paper copy that fully complies with 3 Local Rule 10-3 to the undersigned’s chambers by Friday, February 21, 2014. Unless otherwise 4 ordered, no additional briefing will be required upon resubmission. 5 DATED: February 13, 2014. 6 7 8 9 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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