Reberger v. Byrne et al

Filing 8

ORDER denying without prejudice # 4 Motion; with leave to re-file the motion pending the Ninth Circuit's resolution of Plaintiff's three strikes status. Signed by Judge Miranda M. Du on 2/4/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/4/2016 for font (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LANCE REBERGER,

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Case No. 3:15-cv-00143-MMD-VPC
Plaintiff,

ORDER

v.
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MICHAEL BYRNE et al.,
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Defendants.
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I.

DISCUSSION

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On March 16, 2015, this Court entered an order denying Plaintiff’s application to

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proceed in forma pauperis because the Court found that Plaintiff had three strikes

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pursuant to 28 U.S.C. § 1915(g). (Dkt. no. 3 at 1-2.) The Court also denied Plaintiff’s

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motion for temporary restraining order/preliminary injunction in that order. (Id. at 2-3.)

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On March 25, 2015, Plaintiff filed a motion to order the Court Clerk to immediately file

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his emergency motion for TRO and preliminary injunction. (Dkt. no. 4 at 1.) On March

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27, 2015, Plaintiff filed a notice of appeal on the order denying Plaintiff’s application to

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proceed in forma pauperis. (Dkt. no. 5.) On April 23, 2015, the Ninth Circuit issued an

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order holding all pending motions and Plaintiff’s appeal in abeyance pending the

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resolution of one of Plaintiff’s other cases appealing his three strikes status. (Dkt. no. 7

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at 1-2.)

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The Court now denies Plaintiff’s motion to order the Court Clerk to immediately

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file his motion for TRO/preliminary injunction (dkt. no. 4), without prejudice, and with

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leave to re-file the motion pending the Ninth Circuit’s resolution of Plaintiff’s three strikes

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status.

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the motion to order the Court Clerk to

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immediately file the motion for TRO/preliminary injunction (dkt. no. 4) is denied, without

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prejudice, with leave to re-file the motion pending the Ninth Circuit’s resolution of

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Plaintiff’s three strikes status.

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DATED THIS 4th day of February 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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