Johnson v. HDSP et al

Filing 29

ORDER. IT IS ORDERED that 16 Plaintiff's Motion for Hearing Before Magistrate Judge regarding Defendants' Motion for Sanctions be DENIED without prejudice. IT IS FURTHER ORDERED that 20 Defendants' Motion to Extend Time to Respond to the First Amended Complaint is GRANTED. See Order for further specifications. Signed by Magistrate Judge Elayna J. Youchah on 9/11/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAUSTEVEION JOHNSON,

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Case No.: 2:18-cv-01078-JCM-EJY

Plaintiff,
ORDER
v.
HIGH DESERT STATE PRISON, et al.,

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Defendants.

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Before the Court is Plaintiff Lausteveion Johnson’s (“Johnson”) Motion for Hearing Before

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Magistrate Judge (ECF No. 16) on Defendants James Dzurenda, Julio Calderin, Jennifer Nash,

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Brian Williams, Jeremy Bean, Taylo Paryga, Anthony Ritz, Pamela Del Porto, Harold Wickham,

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Sheryl Foster, Renee Baker, and Benjamin Estills’ Motion for Sanctions; and, Defendants’ Motion

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to Extend Time to Respond to the First Amended Complaint (ECF No. 20).

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On June 18, 2018, Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis (ECF

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No. 1) and attached a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 (ECF No. 1-1), while

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in the custody of the Nevada Department of Corrections (“NDOC”). The Court granted Plaintiff’s

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Application to Proceed In Forma Pauperis and issued its Screening Order on June 20, 2019. (ECF

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No. 7). Defendants filed a Motion to Revoke Plaintiff’s Pauper Status (ECF No. 12) and a Motion

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for Sanctions (ECF No. 13), alleging Plaintiff made “false and misleading representations in his

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application to proceed in forma pauperis” in bad faith. ECF No. 13 at p. 4–5. The instant Motions

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followed.

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The Court has considered Plaintiff’s Motion for Hearing Before Magistrate Judge on

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Defendants’ Motion for Sanctions. Plaintiff inserted the words “Request for Oral Argument on

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Defendants’ Motion for Sanctions” below the title of the first page of his Motion, and, therefore,

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is compliant with Local Rules of Practice (“LR”) 78-1. See LR 78-1 (“Any party making or

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opposing a motion who believes oral argument may assist the court and wishes to be heard may

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request a hearing by inserting the words ORAL ARGUMENT REQUESTED below the title of the
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document on the first page of the motion or response.”). Notwithstanding, Defendants’ Motion

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for Sanctions, on which the Plaintiff bases his Motion, is still pending before United States District

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Judge James C. Mahan. Accordingly, the Plaintiff’s Motion for Hearing Before Magistrate Judge

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is denied without prejudice.

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The Court has considered Defendants’ Motion to Extend Time to Respond to the First

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Amended Complaint (ECF No. 20). Further, the Court finds that the Motion is compliant with

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Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) 6(b)(1)(A) and LR IA 6-1. Therefore, with

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good cause appearing, Defendants are not required to respond to Plaintiff’s First Amended

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Complaint until after the Court renders a decision on Defendants’ Motion to Revoke Plaintiff’s

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Pauper Status and Motion for Sanctions Against Plaintiff.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Hearing Before Magistrate Judge

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regarding Defendants’ Motion for Sanctions (ECF No. 16) be DENIED without prejudice.
IT IS FURTHER ORDERED that Defendants’ Motion to Extend Time to Respond to the
First Amended Complaint (ECF No. 20) is GRANTED.

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IT IS FURTHER ORDERED that if Plaintiff’s First Amended Complaint is not dismissed

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in response to Defendants’ Motion to Revoke Plaintiff’s Pauper Status and Motion for Sanctions

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Against Plaintiff, Defendants shall file their responsive pleading(s) to the First Amended

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Complaint within thirty days of (i) the Court denying Defendants’ Motion to Revoke Plaintiff’s

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Pauper Status, or (ii) Plaintiff paying the filing fees as ordered by the Court.

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DATED THIS 11th day of September, 2019.

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ELAYNA J. YOUCHAH
United States Magistrate Judge

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