Bernard-Ex v. Rehfeldt
| Clayton M Bernard-Ex and Mr. Clayton-M. Bernard-Ex |
| Laura C Rehfeldt |
| 2:2021cv00703 |
| April 29, 2021 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Andrew P Gordon |
| Brenda Weksler |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDER adopting #26 Report and Recommendation. ORDER denying #1 Motion/Application for Leave to Proceed in forma pauperis. Signed by Judge Richard F. Boulware, II on 8/3/2021. Case terminated. (Copies have been distributed pursuant to the NEF - HAM) (Main Document 27 replaced on 8/3/2021) (MR).
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Filing 26
REPORT AND RECOMMENDATION AND ORDER. IT IS RECOMMENDED that the following cases be DISMISSED and administratively closed: 2:21- cv-00703-RFB-BNW; 2:21-cv-00704-RFB-BNW; 2:21-cv-00705-RFB-BNW; 2:21-cv-00706-RFB-BNW; 2:21- cv-00710-RFB-BNW; 2:21-cv-00716-RFB-BNW; 2:21-cv-00718-RFB-BNW; 2:21-cv-00843-RFB-BNW. IT IS ORDERED that in an effort to control its docket and manage its docket effectively, plaintiff shall not fileand the Clerk of Court shall not acceptany additional motions in the following cases until the district judge either accepts or rejects the undersigned's recommendations: 2:21-cv-00703-RFB-BNW; 2:21-cv-00704-RFB-BNW; 2:21-cv-00705-RFB-BNW; 2:21- cv-00706-RFB-BNW; 2:21-cv-00710-RFB-BNW; 2:21-cv-00716-RFB-BNW; 2:21-cv-00718-RFB-BNW; 2:21- cv-00843-RFB-BNW. Objections to R&R due by 7/30/2021. Signed by Magistrate Judge Brenda Weksler on 7/16/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/9/2021. IT IS ORDERED that ECF No. #20 is DENIED without prejudice. Plaintiff is moving to proceed in forma pauperis in this case. As a result, the Court must screen this case to see if it is frivolous, malicious, or fails to state a claim before Plaintiff may proceed with his case. However, the Court has not yet screened this case. Accordingly, there has not been an operative complaint on this docket that could have been served on a defendant resulting in a default. Therefore, any request for a default is inappropriate at this stage. (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 24 Affidavit of Service as to Laura C Rehfeldt, filed by Mr. Clayton-M. Bernard-Ex. (Attachments: #1 Summons) (HAM) Modified event on 7/9/2021 (SLD). |
| Filing 23 NOTICE of Motion for Entry of Clerk's Default by Mr. Clayton-M. Bernard-Ex. (Attachments: #1 Default, #2 Affidavit) (HAM) |
| Filing 22 REQUEST for Judicial Notice, by Plaintiff Mr. Clayton-M. Bernard-Ex. (Attachments: #1 Exhibit 1) (HAM) |
| Filing 21 EXHIBIT C to #20 Motion for Entry of Clerks Default by Plaintiff Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 20 MOTION for Entry of Clerk's Default by Plaintiff Mr. Clayton-M. Bernard-Ex. Responses due by 7/20/2021. (Attachments: #1 Exhibit A, #2 Exhibit B) (HAM) |
| Filing 19 CERTIFICATE of Interested Parties by Mr. Clayton-M. Bernard-Ex. There are no known interested parties other than those participating in the case (HAM) |
| Filing 18 AFFIDAVIT of Suezy Fran Gottlieb-Ex., by Plaintiff Mr. Clayton-M. Bernard-Ex. (HAM) |
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Filing 17
TRANSFER ORDER. IT IS ORDERED that Case Nos. 2:21-cv-00100-RFB-BNW; 2:21-cv- 00703-APG-BNW; 2:21-cv-00704-APG-NJK; 2:21-cv-00705-APG-VCF; 2:21-cv-00706-JAD- VCF; 2:21-cv-00710-GMN-DJA; 2:21-cv-00716-RFB-BNW; 2:21-cv-00718-APG-BNW; and 2:21-cv-00843-GMN-DJA are transferred to District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler, who were assigned the earlier case. IT IS FURTHER ORDERED that all documents shall be filed and shall bear the case number with District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler as assigned judges. Signed by Judge Andrew P. Gordon on 6/28/2021. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/18/2021. Before the Court is a notice by plaintiff directed at the "government recording clerk officer." ECF No. #13 . In it, plaintiff warns the clerk that failure to perform her "legal duty" will cause plaintiff "to record a criminal affidavit of complaint" and can result in "charges of criminal trespass." Id. at 3-4.The trial court has the inherent power to control its docket and may impose sanctions in the exercise of that discretion. Atchison, Topeka & Santa Fe Ry. Co. v. Hercules, Inc., 146 F.3d 1071, 1074 (9th Cir. 1998). Based on this inherent power, the Court may strike material from the docket reflecting procedural impropriety or lack of compliance with court rules or orders. Jones v. Metropolitan Life Ins. Co., 2010 WL 4055928, at *6 (N.D. Cal. Oct. 15, 2010). Here, the Court in its discretion finds that plaintiff's notice is procedurally improper, does not aid in the resolution of this case, and serves only to clutter the docket. Therefore, in an effort to control the court's docket, IT IS ORDERED that the Clerk of Court is kindly directed to STRIKE ECF No. #13 from the record. Plaintiff is warned that if he files documents in this case or in others that are likewise procedurally improper, do not aid in the resolution of this case, or serve only to clutter the docket, the Court will order him to show cause why sanctions should not issue for failure to follow the Court's orders. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 15 NOTICE to Court by Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 14 NOTICE of Proof of Service of Summons, Complaint and Subpoenas by Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 13 STRIKEN PER 16 MINUTE ORDER NOTICE by Mr. Clayton-M. Bernard-Ex. (HAM) Modified on 5/18/2021 (HAM). |
| Filing 12 AFFIDAVIT of Identity re #1 Motion/Application for Leave to Proceed in forma pauperis by Plaintiff Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 11 NOTICE of Certificate of Service as to Laura C. Rehfeldt by Mr. Clayton-M. Bernard-Ex re #1 Motion/Application for Leave to Proceed in forma pauperis, #3 Proposed Summons to be issued, #5 Notice (Other). (HAM) |
| Filing 10 CERTIFICATE of Interested Parties by Mr. Clayton-M. Bernard-Ex. There are no known interested parties other than those participating in the case (HAM) |
| Filing 9 NOTICE of Proof of Service of Summons by Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/4/2021. Before the Court is plaintiff's motion to amend this matter's case caption. ECF No. 4. IT IS ORDERED that ECF No. 4 is GRANTED as follows: the case caption shall reflect Plaintiff's legal name, "Mr. Clayton-M. Bernard-Ex." See ECF No. 4-1 at 6 (listing plaintiff's legal name change). (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 7 NOTICE of Proposed Subpoena by Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 6 Consent for Electronic Service of Documents by Plaintiff Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 5 NOTICE of Proposed Subpoena by Mr. Clayton-M. Bernard-Ex. (HAM) |
| Filing 4 MOTION to Amend Case Caption by Plaintiff Mr. Clayton-M. Bernard-Ex. Responses due by 5/14/2021. (Attachments: #1 Memorandum) (HAM) |
| Filing 3 PROPOSED SUMMONS by Plaintiff Clayton M Bernard-Ex. (HAM) |
| Filing 2 ADVISORY LETTER to litigant. (HAM) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Clayton Bernard. (Attachments: #1 Complaint, #2 Civil Cover Sheet) (HAM) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. (RT) |
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