Christian v. United States of America

Filing 12

ORDER that 11 Request for Court Entry of Out-of-Court Settlement is denied. FURTHER ORDERED that the Clerk of the Court shall strike Plaintiff's Requestfor Court Entry of Out-of-Court Settlement from the record. Signed by Magistrate Judge George Foley, Jr on 9/19/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ERIC LEON CHRISTIAN,

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-01151-RFB-GWF
ORDER
Request for Court Entry of
Out-of-Court Settlement (#11)

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This matter is before the Court on Plaintiff’s Request for Court Entry of Out-of-Court
Settlement (#11), filed on September 16, 2014.
Plaintiff initially brought a pro se action pursuant to 18 U.S.C. § 241 for conspiracy against

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his rights. See Dkt. #1. As the Court understood Plaintiff’s complaint, he alleged that Judge

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Mahan, CJA attorney Jess Marchese, the U.S. Marshal’s Service, and the U.S. Attorney’s Office,

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all employees of defendant United States of America, conspired against him in keeping him

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unlawfully imprisoned for 998 days over the sentencing guidelines maximum. See Dkt. #1-2. The

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Court granted Plaintiff’s application to proceed in forma pauperis but dismissed his complaint

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without prejudice for failing to allege any theory under which the United States could be held liable

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for monetary damages. See Dkt. #3. The Court granted Plaintiff leave to amend his complaint to

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allege an enforceable cause of action. On August 7, 2014, Plaintiff filed his Amended Complaint

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(#7), therein failing to plead similar facts from his initial complaint that the Court kept him

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unlawfully imprisoned for 998 days over the sentencing guidelines. The Court subsequently

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dismissed Plaintiff’s complaint with leave to amend. See Dkt. #8. On September 12, 2014,

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Plaintiff filed his second amended complaint, which must be screened by the Court pursuant to

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28 U.S.C. § 1915(e) prior to permitting Plaintiff to proceed with his claim. See Dkt. #10. Plaintiff

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subsequently filed the present request for the court to enter an of out-of-court settlement. See Dkt.

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#11. Plaintiff alleges that the U.S. Marshal’s Service in Las Vegas verbally agreed to settle the

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matter for $500,000.00, which Plaintiff “upped to $1,000,000.00 for slow pay out.” See Dkt. #11.

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Rule 12(f) of the Federal Rules of Civil Procedure provides that “[t]he Court may strike

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from a filing any insufficient defense or any redundant, immaterial, impertinent, or scandalous

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matter.” Generally, motions to strike allegedly redundant, immaterial, impertinent, or scandalous

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matter are not favored. Id. Furthermore, a matter will not be stricken unless it is clear it can have

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no possible bearing upon the subject matter of the litigation. Id. If there is any doubt as to whether

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under any contingency the matter may raise an issue, the motion may be denied. Id.

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Here, Plaintiff’s request is premature in this instance because his second amended

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complaint has not yet been screened by the Court. Because Plaintiff has not sufficiently plead a

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cause of action on which he has been permitted to proceed, it is unclear whether Plaintiff’s alleged

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“settlement agreement” is applicable to these proceedings. The Court therefore must strike

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Plaintiff’s motion as immaterial at this time. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Request for Court Entry of Out-of-Court
Settlement (#11) is denied.
IT IS FURTHER ORDERED that the Clerk of the Court shall strike Plaintiff’s Request
for Court Entry of Out-of-Court Settlement from the record.
DATED this 19th day of September, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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