Brauns v. City Of Henderson

Filing 5

ORDER re 4 Letter from Plaintiff Frank E. Brauns. Signed by Magistrate Judge Peggy A. Leen on 7/30/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FRANK E. BRAUNS,

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Plaintiff,
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vs.
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CITY OF HENDERSON,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00581-GMN-PAL
ORDER

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This matter is before the court on a letter received by the undersigned from Plaintiff Frank E.

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Brauns. Plaintiff is proceeding pro se. The court has considered the letter, however, it is difficult to

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understand what Plaintiff is requesting. Plaintiff is advised that a letter is not an appropriate way to

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request relief from the court.

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BACKGROUND

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On April 4, 2013, Plaintiff filed a Complaint (Dkt. #1) on the court’s form civil rights

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complaint, alleging various claims against the Defendant City of Henderson. Upon filing the

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Complaint, the Clerk of Court scheduled a deadline of April 14, 2013, for Plaintiff to file a certificate of

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interested parties pursuant to Rule 7.1-1 of the Local Rules of Civil Practice. On April 10, 2013,

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Plaintiff emailed the CM/ECF help desk to request a form to comply with the court’s requirement to file

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a certificate of interested parties. The deputy clerk responded that there is no form, and Plaintiff must

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file something to comply with the Local Rule’s requirement. Plaintiff then asserts he would like the

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U.S. Marshal’s Service to serve the Complaint. The Clerk informed Plaintiff that generally, the U.S.

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Marshal only serves the complaint in cases where a plaintiff is proceeding in forma pauperis, but that

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Plaintiff could file a request for service by the Marshal.

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Plaintiff requested the deputy clerk put a hold on this case because Plaintiff is hearing impaired

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and physically handicapped, and he hired an assistant who failed to appear for work and has Plaintiff’s

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cell phone. The deputy clerk responded that court staff is not permitted to give legal advice and

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told Plaintiff he could file a request with the court for service of the Complaint by the U.S. Marshal.

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Plaintiff then responded that there are no known interested parties other than those participating in this

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case. It does not appear that Plaintiff has served the Complaint or submitted proposed summons for the

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Clerk to issue.

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DISCUSSION

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Plaintiff’s letter represents that he filed an administrative complaint on April 15, 2013. Plaintiff

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has attached a copy of the administrative complaint to the Civil Rights Division of the U.S. Department

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of Justice as well as email correspondence between himself and a member of the Clerk of Court’s

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CM/ECF help desk staff. Plaintiff’s administrative complaint alleges that he is hearing impaired and

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must communicate via e-mail. He asserts that the he requested the Clerk of Court’s assistance with an

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issue involving a telephone number, and the Clerk of Court “claims the court considers such service a

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conflict of interest and a violation of the court’s procedures and conduct.” Plaintiff is concerned that

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the staff member with whom he was emailing is “claiming a conflict of interest” with Plaintiff’s ADA

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status and is delaying the government’s response on the administrative complaint. Plaintiff requests the

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court identify the staff member by email to Plaintiff.

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To the extent Plaintiff is concerned that he will be deprived of access to the court because of his

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hearing impairment, Plaintiff is assured that the court has assistive devices available to accommodate

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him in the courtroom. If Plaintiff’s concern is that the clerk would not assist him further in giving

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advise, neither the court, nor the clerks are permitted to give legal advice. The Clerk of Court is simply

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not permitted to tell any party what to file or give legal advice about how a party should proceed.

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Plaintiff must file a written motion to request relief from the court. See Fed. R. Civ. P. 7. He should

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not mail letters to the assigned judges requesting relief. Id.

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If Plaintiff wants the U.S. Marshal’s Service to serve the Complaint on his behalf, he must file

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motion, supported by applicable points and authorities. Pursuant to Rule 4(m) of the Federal Rules of

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Civil Procedure, service of the Complaint and summons must be made by August 2, 2013. Plaintiff
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should review Fed R. Civ P. 4 which addresses summons and service. Additionally, Plaintiff must file

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a certificate of interested parties as set forth in the court’s Order (Dkt. #3). A simple statement with the

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case caption entitled “Certificate of Interested Parties” identifying anyone Plaintiff believes has an

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interest in the outcome of this case is sufficient, and if Plaintiff know of no one else with an interest in

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the outcome of this case a simple statement to that effect will suffice. A statement in an email to a

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deputy clerk is not sufficient.

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IT IS SO ORDERED.

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Dated this 30th day of July, 2013.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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