1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 SERGEY MKHITARYAN, 8 Case No. 2:20-cv-02169-JAD-NJK Plaintiff(s), 9 Order v. 10 LAS VEGAS METROPOLITAN POLICE 11 DEPARTMENT, et al., 12 Defendant(s). 13 Based on substantial questions as to Plaintiff’s competency, the Court has endeavored to 14 find him counsel to protect his interests in this case. See Docket No. 14; see also Docket Nos. 22, 15 25. Those efforts were initially directed to the two attorneys representing Plaintiff in his criminal 16 proceedings in state court, then more broadly to attorneys who may be available through the 17 Court’s Pro Bono Program. Those efforts have been unfruitful.1 18 The Court finds it appropriate to require Plaintiff to file a status report as to his ability to 19 litigate this case. Cf. Davis v. Walker,

(9th Cir. 2014) (indicating that the 20 Court may set “periodic case management conferences” to reassess the plaintiff’s competency or 21 inquire as to whether the plaintiff has had success in searching for a guardian). In particular, the 22 record has indicated that there is a “substantial probability that [Plaintiff] will attain competency 23 to stand trial in the foreseeable future.” Docket No. 12-1 at 2. As that finding was made six 24 months ago, it may be that Plaintiff has now attained competency. 25 Accordingly, the Court hereby ORDERS Plaintiff to file a status report by April 18, 2022. 26 The status report must indicate whether any additional rulings have been made in relation to 27 1 The Court received word recently through the Pro Bono Program that the process had run 28 its course without success. 1} Plaintiff’s state court proceedings (or by any other tribunal) as to Plaintiff attaining competency. 2|| To the extent Plaintiff has tried to find representation in this case (from a lawyer or a guardian), 3] the status report must identify any such efforts. Lastly, the status report must indicate whether 4] Plaintiff is able to afford to pay for counsel in this case. 5 IT IS SO ORDERED. 6 Dated: March 17, 2022 fen. Nancy J. Koppe\, \. 8 United States Magistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28