Coulson v. Southern Nevada Movers

Filing 19

ORDER Denying Plaintiff's 11 - 15 Motions. Plaintiff is advised that he should refrain from filing excessive and unnecessary motions on the docket. Signed by Magistrate Judge Nancy J. Koppe on 9/23/2016. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 EDWARD COULSON, 15 ) ) ) ) ) ) ) ) ) ) 16 Plaintiff is proceeding in this case pro se and, on September 21, 2016, he filed six different 17 motions. This order resolves five of those motions: (a) motion for status hearing (Docket No. 11); 18 (b) motion to schedule a preliminary hearing (Docket No. 12); (c) motion to set a trial date (Docket 19 No. 13); (d) motion for a Rule 16 hearing (Docket No. 14); and (e) motion for appointment of pro 20 bono counsel (Docket No. 15).1 With respect to the three motions to set various hearings, the Court 21 finds a hearing not appropriate at this time. With respect to the motion to set a trial date, that motion 22 is premature because a trial date will be set (if the case survives the pleadings and dispositive 23 motions) once a joint pretrial order is submitted. See, e.g., Local Rule 16-4, Local Rule 26-1(b)(5). 24 With respect to the motion for appointment of pro bono counsel, the Court finds that appointment 11 Plaintiff(s), 12 vs. 13 SOUTHERN NEVADA MOVERS, 14 Defendant(s). Case No. 2:16-cv-01989-RFB-NJK ORDER (Docket Nos. 11-15) 25 26 27 28 1 In response to the motion to dismiss, Plaintiff filed a notice of appeal. Docket No. 8. This notice of appeal does not divest the Court of jurisdiction to resolve the matters currently pending here. See, e.g., Nascimento v. Dummer, 408 F.3d 905, 910 (9th Cir. 2007) (“when an improper appeal is taken, the district court retains its jurisdiction to act on the case”). 1 of counsel is not appropriate in this case. Cf. Gen. Order 2014-01 (outlining standards for referral 2 to the Court’s pro bono pilot program). Accordingly, the motions at Docket Nos. 11-15 are 3 DENIED. 4 The Court recognizes that Plaintiff is proceeding pro se and may lack extensive experience 5 in civil litigation in federal court. As such, Plaintiff is advised that he should refrain from filing 6 excessive and unnecessary motions on the docket. 7 IT IS SO ORDERED. 8 Dated: September 23, 2016 9 10 11 NANCY J. KOPPE United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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