Robben v. Carson City, Nevada et al

Filing 28

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 2/11/2014, denying 21 Motion to Screen Complaint and denying 23 Motion to Stay. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

TODD ROBBEN,

)
)
Plaintiff,
)
)
vs.
)
)
CARSON CITY, NEVADA, et al., )
)
Defendants.
)
_____________________________ )
PRESENT:

3:13-CV-0438-MMD (VPC)
MINUTES OF THE COURT
February 11, 2014

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is defendants’ motion to screen plaintiff’s complaint (#21). Plaintiff
opposed the motion (#26), and defendants replied (#27).
Plaintiff originated this action by filing a motion for leave to proceed in forma pauperis
(#0). Shortly thereafter, plaintiff paid the full filing fee of $400 thereby rendering his motion for
in forma pauperis moot (#s 3 & 11). Defendants filed an answer (#7), and a discovery plan and
scheduling order was issued (#15). Defendants now seek to have plaintiff’s complaint screened
pursuant to 28 U.S.C. § 1915A.
Plaintiff was not incarcerated at the time of filing this action and paid the full filing fee.
This action proceeded in the normal course until plaintiff’s recent incarceration. Therefore, the
court declines to screen plaintiff’s complaint at this stage of the proceeding. Defendants may file
a dispositive motion at any stage of the litigation.

Defendants’ motion to screen plaintiff’s complaint (#21) is DENIED.
Plaintiff’s motion to stay proceedings (#23) is DENIED. Plaintiff may proceed with his
case while incarcerated.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

BY:

/s/
Deputy Clerk