Estrada v. Gillespie et al

Filing 31

ORDER that the Clerk of Court shall detach the Certificate of Interested Parties attached to the 26 Motion as Exhibit A and file it in the courts record. Signed by Magistrate Judge Peggy A. Leen on 10/18/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GUSTAVO ESTRADA,

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Plaintiff,
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vs.
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DOUGLAS GILLESPIE, et al.,
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Defendants. )
__________________________________________)

Case No. 2:13-cv-00280-APG-PAL
ORDER

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This matter is before the court on Plaintiff’s Motion to Show Cause (Dkt. #26) filed September
9, 2013. The court has considered the Motion.
Plaintiff is a prisoner proceeding pro se. He filed his civil rights complaint in state court on

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September 5, 2012, and Defendants removed it to federal court on February 20, 2013. See Petition for

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Removal (Dkt. #1). On February 27, 2013, Defendants Gillespie and Munoz filed a Motion to Dismiss

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(Dkt. #4), and on April 2, 2013, Defendants Varner, Albright, Holliday, Marchi and Trost filed a

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Motion to Dismiss (Dkt. #11), both of which are pending before the district judge. On July 11, 2013,

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the court entered an Order (Dkt. #22) requiring the parties to file certificates of interested parties in

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compliance with Local Rule 7.1-1 on or before July 23, 2013. The Order warned the parties that failure

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to comply could result in the issuance of an order to show cause why sanctions should not be issued.

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Id. Plaintiff failed to file his certificate of interested parties and did not request an extension of time in

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which to comply with the court’s Order.

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On September 9, 2013, the court entered an Order to Show Cause (Dkt. #25) based on

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Plaintiff’s failure to comply with the court’s previous Order. The court directed Plaintiff to show cause

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in writing no later than September 3, 2013, why he had not complied with the court’s Order. The Order

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to Show Cause advised Plaintiff that failing to comply with the Local Rules of Practice, the Federal

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Rules of Civil Procedure, and the court’s orders could result in sanctions, up to and including case-

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dispositive sanctions.

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Plaintiff’s Motion to Show Cause is actually a response to the court’s Order to Show Cause. In

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it, Plaintiff asserts he complied with the court’s original Order for a certificate of interested parties by

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depositing a copy of his certificate for mailing with the law library at High Desert State Prison on July

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17, 2013. He has attached a copy of that certificate to his Motion as Exhibit A. The certificate

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represents that there are no other parties with an interest in the outcome of this litigation. Id. Plaintiff

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asserts he lost control of the mail when he left it with the law library, and he is currently involved in

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grievance proceeding concerning the law library’s handling of his legal mail.

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Having reviewed and considered the matter,

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IT IS ORDERED:

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1.

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The Clerk of Court shall detach the Certificate of Interested Parties attached to the
Motion (Dkt. #26) as Exhibit A and file it in the court’s record.

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The court is satisfied that Plaintiff did not intentionally disregard the court’s Orders
(Dkt. ##22, 25) or the requirements of LR 7.1-1, and sanctions are not warranted.

Dated this 17th day of October, 2013.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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