Tagle v. State of Nevada et al

Filing 232

ORDER. IT IS HEREBY ORDERED that 229 Plaintiff's Motion for Disclosure of Defendants is granted as discussed above. IT IS FURTHER ORDERED that 230 Plaintiff's Motion for Docket Sheet is granted, in part, and denied, in part, as follow s: The Clerk's office shall provide Plaintiff with a printout of the docket sheet in this case. IT IS FURTHER ORDERED that Plaintiff's request for default judgment to be entered on his behalf and his request for immediate release are denied without prejudice. Signed by Magistrate Judge George Foley, Jr on 9/14/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 14 15 VICTOR TAGLE, ) ) Plaintiff, ) ) v. ) ) NDOC, et al., ) ) Defendants. ) ) _________________________________________ ) Case No. 2:15-cv-00623-APG-GWF ORDER This matter is before the Court on Plaintiff’s Motion for Disclosure of Defendants (ECF 16 No. 229), filed on September 13, 2017. Also before the Court is Plaintiff’s Motion for Docket 17 Sheet (ECF No. 230), filed on September 13, 2017. 18 Plaintiff apparently does not know which Defendants remain in his case. He therefore 19 requests that the Court disclose which Defendants are still in this case. He also seeks a copy of the 20 docket sheet and “case file” so that he may ascertain which Defendants remain active parties and 21 why others have been terminated. Plaintiff also appears to be requesting that a default judgment be 22 entered in his favor and that he be immediately released from custody because D.A.G. Hardcastle 23 continues to engage in a conspiracy against Plaintiff. 24 First, in response to Plaintiff request for disclosure, the Court advises Plaintiff that the only 25 remaining Defendants are Manuel Portillo and Kyle Groover. The Court will instruct the Clerk’s 26 Office to send Plaintiff a copy of the docket sheet so that Defendant may ascertain how and when 27 the other Defendants were terminated. However, Plaintiff should not expect or anticipate that the 28 Court will grant a request to obtain a specific docket entry. It is Plaintiff’s responsibility to retain 1 2 copies of filings he makes to the Court as well as the filings sent to him. Second, Plaintiff’s request for default judgment is improper and wholly inadequate. If 3 Plaintiff seeks to obtain summary judgment in his favor he must adhere to the Federal Rules of 4 Civil Procedure. Specifically, Rule 56 governs motions for summary judgment and details what 5 and how evidence should be presented to the Court. 6 Accordingly, 7 IT IS HEREBY ORDERED that Plaintiff’s Motion for Disclosure of Defendants (ECF 8 9 No. 229) is granted as discussed above. IT IS FURTHER ORDERED that Plaintiff’s Motion for Docket Sheet (ECF No. 230) is 10 granted, in part, and denied, in part, as follows: The Clerk’s office shall provide Plaintiff with a 11 printout of the docket sheet in this case. 12 13 14 IT IS FURTHER ORDERED that Plaintiff’s request for default judgment to be entered on his behalf and his request for immediate release are denied without prejudice. DATED this 14th day of September, 2017. 15 16 17 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

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