Xayamonty v. United States of America
Petitioner: Khamsay Xayamonty
Respondent: United States of America
Case Number: 2:2022cv01175
Filed: July 21, 2022
Court: US District Court for the District of Nevada
Presiding Judge: Gloria M Navarro
Referring Judge: Elayna J Youchah
Nature of Suit: Mandamus & Other
Cause of Action: 28 U.S.C. ยง 1651 Petition for Writ of Mandamus
Jury Demanded By: None
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2023 Opinion or Order Filing 15 ORDER Adopting #12 Report and Recommendation in full and Denying #13 Objection. IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case. Signed by Judge Gloria M. Navarro on 1/31/2023. (Copies have been distributed pursuant to the NEF - TRW)
December 6, 2022 Filing 14 PETITION for Writ of Mandamus by Khamsay Xayamonty. (KF)
October 14, 2022 Filing 13 OBJECTION to #12 Report and Recommendation by Petitioner Khamsay Xayamonty. Response to Objections to R&R due by 10/28/2022. (KF)
September 26, 2022 Filing 12 REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that Plaintiffs Petition for Writ of Mandamus or Declaratory Judgement (ECF No. 1-1) be dismissed with prejudice. Objections to R&R due by 10/10/2022. Signed by Magistrate Judge Elayna J. Youchah on 9/26/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 6, 2022 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 9/6/2022. By Law Clerk: C. Ponder. Plaintiff has filed a Motion/Application to Proceed in forma pauperis (ECF No. 10), following his third Motion/Application to proceed in forma pauperis (ECF No. 9). This Court, having reviewed the record, determines that Plaintiff's Application to proceed in forma pauperis (ECF No. 9) is complete and in compliance with the prior order of this Court (ECF No. 8).Accordingly, IT IS HEREBY ORDERED that Plaintiff's third application to proceed in forma pauperis (ECF No. 9) is GRANTED. A written order screening Plaintiff's Complaint will follow.IT IS FURTHER ORDERED that Plaintiff's fourth application to proceed in forma pauperis (ECF No. 10) is DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - CMP)
September 6, 2022 Filing 10 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Khamsay Xayamonty. (KF)
August 25, 2022 Filing 9 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Khamsay Xayamonty. (KF)
August 24, 2022 Opinion or Order Filing 8 ORDER.IT IS ORDERED that Plaintiff's second application to proceed in forma pauperis (ECF No. #7 ) is DENIED without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff, for the second and last time, the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that on or before 9/26/2022, Plaintiff must file a complete IFP application on this Courts approved form, which includes his inmate account statement for the past six months and a properly executed financial certificate, in compliance with 28 U.S.C. 1915(a). Alternatively, Plaintiff may pay the $402 filing fee for a civil action on or before this date. IT IS FURTHER ORDERED that if Plaintiff fails to submit a complete IFP application including an inmate account statement for the past six months and a properly executed financial certificate, in compliance with 28 U.S.C. 1915(a), or pay the $402 filing fee for a civil action, the Court will recommend this case be dismissed without prejudice. Signed by Magistrate Judge Elayna J. Youchah on 8/24/2022. (Attachments: #1 IFP Application and Instructions)(Copies have been distributed pursuant to the NEF - KF)
August 22, 2022 Filing 7 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Khamsay Xayamonty. (TRW)
August 8, 2022 Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/8/2022. By Judicial Assistant: E. Santiago. Before the Court is Plaintiff's Motion for Leave to File in Forma Pauperis (ECF No. 5). The Court denied Plaintiff's initial in forma pauperis ("IFP") application (ECF No. 3) as incomplete. ECF No. 4. The Court granted Plaintiff up to and including September 8, 2022 to file a complete IFP application containing all three of the documents required. Id. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File in Forma Pauperis (ECF No. 5) is DENIED as moot.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
August 8, 2022 Filing 5 MOTION for Leave to File In Forma Pauperis, by Petitioner Khamsay Xayamonty. Responses due by 8/22/2022. (KF)
August 8, 2022 Opinion or Order Filing 4 ORDER Denying without Prejudice #3 Motion/Application for Leave to Proceed in forma pauperis.IT IS FURTHER ORDERED that Plaintiff is granted one extension of time to file a complete IFP application containing all three of the required documents. Plaintiff must file a complete IFP application on or before 9/8/2022. IT IS FURTHER ORDERED that if Plaintiff is unable to file a complete IFP application with all three required documents on or before 9/8/2022, the Court will recommend this case be dismissed without prejudice.The Court will retain Plaintiffs Petition for a Writ of Mandamus or a Declaratory Judgment (ECF No. 1-1) but will not file the Petition unless and until Plaintiff timely files a complete IFP application or pays the $402 filing fee. IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. Signed by Magistrate Judge Elayna J. Youchah on 8/8/2022. (Attachments: #1 IFP Application and Instructions)(Copies have been distributed pursuant to the NEF - KF)
August 3, 2022 Filing 3 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Khamsay Xayamonty. (KF) (Main Document 3 replaced on 8/3/2022) (KF).
July 21, 2022 Filing 2 ADVISORY LETTER to litigant. (KF)
July 21, 2022 Filing 1 RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: #1 Petition) (KF)
July 21, 2022 Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. (JQC)

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Petitioner: Khamsay Xayamonty
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