Bailey et al v. Suey et al

Filing 86

ORDER Denying without prejudice Plaintiff's 78 Motion for Copies and Denying Plaintiff's 85 Motion for Hearing. Signed by Magistrate Judge Carl W. Hoffman on 3/6/2014. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11

ANTHONY BAILEY, et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
CPT. RICH SUEY, et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:12-cv-01954-JCM-CWH
ORDER

12
This matter is before the Court on Plaintiff John W. Scott’s Motion for Copies (#78), filed
13
February 13, 2014, and Motion for Hearing (#85), filed February 27, 2014.
14
Plaintiff first requests copies of all documents filed in this case because his copies were lost
15
or misplaced by jail personnel. The Court will deny the motion without prejudice. Pursuant to the
16
Court’s order (#66), Plaintiff filed an application to proceed in forma pauperis on January 28,
17
2014. Thus, prior to considering the request to provide copies of all documents on the docket, the
18
Court must first review Plaintiff’s application to proceed in forma pauperis and screen his
19
complaint. See 28 U.S.C. § 1915(A). In addition, given that this case is not proceeding as a class
20
action, the Court will also consider whether it is appropriate to sever the claims of Plaintiff Bailey
21
and Plaintiff Scott in moving forward. See Lewis v. Nevada, 2014 WL 65799 (D. Nev.).
22
The Court has also reviewed Plaintiff’s motion (#85), which appears to request that he
23
granted in forma pauperis to pursue his appeal. See Notice of Appeal (#76). He also requests a
24
hearing. The Ninth Circuit recently entered an order dismissing Plaintiff’s appeal (#76).
25
Consequently, the request to proceed in forma pauperis on appeal appears moot. The Court
26
declines to hold a hearing on this motion. See Local Rule 78-2 (“All motions may, in the Court’s
27
discretion, be considered and decided with or without a hearing.”).
28
Based on the foregoing and good cause appearing therefore,

1
2

IT IS HEREBY ORDERED that Plaintiff John W. Scott’s Motion for Copies (#78) is
denied without prejudice.

3

IT IS FURTHER ORDERED that Plaintiff’s Motion for Hearing (#85) is denied.

4

DATED: March 6, 2014.

5
6
7
8

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

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2