Carrillo v. Gillespie et al

Filing 43

ORDER Denying without prejudice Plaintiff's 14 Motion to Appoint Counsel; Denying without prejudice Plaintiff's 18 Motion for Enlargement of Time to Serve Summons and Complaint; Denying without prejudice Plaintiff's 19 Mot ion for Order and Production of Discovery; Denying as moot Plaintiff's 21 Motion for Extension of Time to Take Discovery; Denying without prejudice Plaintiff's 25 Motion for Summary Judgment; Denying without prejudice Plaintiff's 32 Motion to Appoint Counsel; Denying without prejudice Plaintiff's 35 Motion for Request for Production of Documents; Denying without prejudice Plaintiff's 37 Motion to Appoint Counsel; Denying without prejudice Plaintiff's 39 Motion to Vacate the Scheduling Order and Denying without prejudice Plaintiff's 40 Motion for Limited Summary Judgment. Signed by Judge James C. Mahan on 5/6/2013. (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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GILBERTO CARRILLO,
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Plaintiff,
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vs.
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DOUGLAS GILLESPIE, et al.,
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Defendants.
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2:12-cv-2165-JCM-VCF
ORDER

Presently before the court is the matter of Carrillo v. Gillespie et al, case number 2:12-cv02165-JCM-VCF.

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In this case the parties have already filed a combined 14 motions. The filed motions consist

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of motions to dismiss, summary judgment motions, motions related to discovery, and miscellaneous

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motions (i.e. motions for appointment of counsel). These motions are all premature.

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28 U.S.C. § 1915A mandates that courts screen civil suits filed by prisoners seeking redress

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by government entities or officials. In relevant part the statute states that “[t]he court shall review,

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before docketing, if feasible, or, in any event, as soon as practicable after docketing, a complaint in a

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civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity.” The court must dismiss the complaint, or any part of the complaint that is

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frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant who is immune

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from such relief. 28 U.S.C. § 1915A(b)(1) & (2).
In this case, the parties filed all of the instant motions prior to the court conducting the

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required screening. Therefore, the following motions are denied without prejudice because they are

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premature.1

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for

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counsel (doc. # 14) be, and the same hereby, is DENIED without prejudice.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for
enlargement of time to serve summons and complaint to unknown defendants (doc. # 18) be, and the
same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for order and production of discovery
(doc. # 19) be, and the same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for extension of time to take discovery
(doc. # 21) be, and the same hereby, is DENIED as moot.
IT IS FURTHER ORDERED that plaintiff’s motion for summary judgment (doc. # 25) be,
and the same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel (doc. # 32)
be, and the same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for request for production of documents
(doc. # 35) be, and the same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel (doc. # 37)
be, and the same hereby, is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion to vacate the scheduling order (doc. #
39) be, and the same hereby, is DENIED without prejudice.

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The remaining motions, the ones not denied without prejudice in this order, will be resolved

by this court’s screening order.
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IT IS FURTHER ORDERED that plaintiff’s motion for limited summary judgment (doc. #
40) be, and the same hereby, is DENIED without prejudice.
Dated May 6, 2013.

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UNITED STATES DISTRICT JUDGE
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