Adams v. CT
2:24-cv-00216
| D. Nev. | Mar 26, 2024Background
- Brandon Williams, proceeding pro se, filed multiple lawsuits in the District of Nevada.
- Williams neither paid the required filing fees nor filed proper applications to proceed in forma pauperis (IFP) for these cases.
- The District of Nevada requires the Long Form IFP (AO 239) for non-incarcerated litigants seeking waiver of fees.
- The court ordered Williams to either pay the fees or submit fully completed Long Form IFP applications for each case listed.
- Williams was warned about filing duplicative or frivolous lawsuits, which could result in sanctions or a vexatious litigant finding.
- The court prohibited further filings in the referenced cases until compliance with fee or application requirements.
Issues
| Issue | Williams' Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to pay filing fee or submit IFP form | Not expressly stated | Not expressly stated | Plaintiff must pay fee or submit full Long Form IFP by deadline |
| Filing duplicative/frivolous cases | Not addressed by Williams | Not addressed by defendants | Warned of potential sanctions/vexatious litigant finding |
| Filing documents while noncompliant | Not addressed by Williams | Not addressed by defendants | Prohibited until compliance; may be struck from the docket |
| Consequences for failing to comply with order | Not addressed by Williams | Not addressed by defendants | Case may be dismissed or administratively closed |
Key Cases Cited
- Chambers v. NASCO, Inc., 501 U.S. 32 (courts have inherent authority to manage their dockets efficiently)
- Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402 (courts have inherent power to control and sanction dockets)
- Thomas v. Arn, 474 U.S. 140 (failure to object to magistrate recommendations may waive appellate review)
- Martinez v. Ylst, 951 F.2d 1153 (failure to object to magistrate's findings waives right to appeal factual issues)
- Britt v. Simi Valley United Sch. Dist., 708 F.2d 452 (failure to address/brief issues in objections waives right to appeal)
