Chatman v. 7'11 Company et al

Filing 8

ORDER. IT IS ORDERED that 6 Plaintiff Eric Chatman's Request for Appointment of Counsel and 7 Ex Parte Motion for Assignment of Counsel are DENIED as premature. Signed by Magistrate Judge Peggy A. Leen on 5/24/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ERIC CHATMAN,

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v.

Case No. 2:18-cv-00220-JAD-PAL
Plaintiff,

ORDER

7’11 COMPANY, et al.,

(Mot Appt Counsel – ECF Nos. 6, 7)
Defendants.

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This matter is before the court on Plaintiff Eric Chatman’s (“Chatman”) Request for

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Appointment of Counsel and Declaration of Indigency (ECF No. 6) and Ex Parte Motion for

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Assignment of Counsel, and Supporting Memorandum of Points and Authorities and Declaration

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(ECF No. 7). These motions are referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A)

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and LR IB 1-3 of the Local Rules.

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The motions were filed before this court has had an opportunity to process Chatman’s

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February 5, 2018 in forma pauperis application (ECF No. 1) and screen his proposed complaint,

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to determine whether he states a claim on which relief may be granted. The motions are denied.

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Due to the large number of civil actions pending before the court, the screening process

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may take several months to complete. It is difficult and time-consuming work for the court to

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produce a screening order that decides whether the complaint states a claim, and if not, provide

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guidance to enable a pro se plaintiff to cure any noted defects and give an opportunity to file an

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amended complaint. The court has hundreds of active cases, including a large number of prisoner

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civil rights cases. Criminal cases take priority and, in the absence of a true emergency,1 all motions

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LR 7-4 discusses the requirements for submitting emergency motions and notes that such motions “should
be rare.” See also Cardoza v. Bloomin’ Brands, Inc., 141 F. Supp. 1137, 1144–45 (D. Nev. 2015).

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filed in civil cases are screened in the order in which they are filed. The court will process

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Chatman’s in forma pauperis application and screen the proposed complaint in due course.

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IT IS ORDERED that:

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1. Plaintiff Eric Chatman’s Request for Appointment of Counsel (ECF No. 6) and Ex

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Parte Motion for Assignment of Counsel (ECF No. 7) are DENIED as premature.

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2. The court will process Chatman’s in forma pauperis application and screen the

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proposed complaint in due course to determine whether he states a claim upon which

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relief can be granted.

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DATED this 24th day of May, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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