Carrillo v. Gillespie et al
Filing
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ORDER Denying without prejudice 79 Plaintiff's Ex Parte Motion for Additional Copywork and 94 Plaintiff's Ex Parte Motion for Legal Supplies Injunction. Signed by Magistrate Judge Cam Ferenbach on 10/30/2013. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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GILBERTO CARRILLO,
Plaintiff,
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Case No. 2:12-cv-02165-JAD-VCF
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vs.
ORDER
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DOUGLAS GILLESPIE, et al.,
(Ex Parte Motion for Additional Copywork
#79)
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Defendants.
(Ex Parte Motion for Legal Supplies
Injunction #94)
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Before the Court are pro se Plaintiff Gilberto Carrillo’s Ex Parte Motion for Additional
Copywork (#79)1 and Ex Parte Motion for Legal Supplies Injunction (#94).
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Plaintiff, who is currently in the Nevada Department of Corrections, filed the present Ex Parte
Motion for Additional Copywork requesting $45.00 to make sufficient copies of documents for
opposing counsel and the Court. (#79). He filed the present Ex Parte Motion for Legal Supplies
Injunction requesting legal supplies “necessary to accommodate the court and discovery requested by
counsels of the defendants.” (#94).
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Ex parte motions are filed with the Court but not served upon the opposing party. LR7-5(a).
Pursuant to Local Rule 7-5(b), “[a]ll ex parte motions, applications or requests shall contain a statement
showing good cause why the matter was submitted to the Court without notice to all parties.” Motions
may be submitted ex parte “only for compelling reasons.” LR 7-5(c). Defendant has not provided the
court with a statement in either motion demonstrating “compelling reasons” why the motions were filed
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Refers to the Court’s docket number.
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ex parte. Absent a LR7-5(b) statement, the Court will not consider these motions on an ex parte basis.
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Thus, the Court denies both motions without prejudice.
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The Court recognizes that Plaintiff is pro se and thus should be held to less stringent standards
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than attorneys, see Hughes v. Rowe, 449 U.S. 5, 9 (1980); Haines v. Kerner, 404 U.S. 519, 520-21
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(1972) (per curiam), but the Court will not deny opposing counsel the opportunity to respond to a
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motion when a party does not provide “compelling reasons” for denying that opportunity.
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Accordingly, and for good cause shown,
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IT IS ORDERED that Plaintiff Gilberto Carrillo’s Ex Parte Motion for Additional Copywork
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(#79) and Ex Parte Motion for Legal Supplies Injunction (#94) be DENIED without prejudice.
DATED this 30th day of October, 2013.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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