Dobbs v. Balaam
Dobbs v. Balaam
Trial Court Opinion
2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 JASON WILLAM DOBBS, et al., Case No. 3:25-cv-00202-MMD-CLB
7 Plaintiffs, ORDER v. 8 DARIN BALAAM, et al., 9 Defendants. 10 11 Plaintiff Jason William Dobbs initiated this case on behalf of himself and Plaintiff 12 Antonio Acosta. Dobbs filed an application to proceed in forma pauperis (“IFP 13 Application”) as well as a Complaint signed only by him. (ECF Nos. 1, 1-1.) On May 12, 14 2025, the Court explained that Dobbs cannot file documents on Acosta’s behalf and that 15 Acosta must file his own IFP application as well as a copy of the Complaint bearing his 16 signature. (ECF No. 5.) The Court set a deadline of July 11, 2025 to file these documents. 17 Dobbs filed a motion requesting an extension for Acosta to file an IFP application 18 and a signed copy of the Complaint. (ECF No. 7.) In his motion, Dobbs also states that 19 the Nevada Department of Corrections (“NDOC”) has a process to allow inmates in 20 different prisons to exchange privileged communications about an ongoing court case. 21 (Id. at 2.) This would allow him to communicate with Acosta about the case and would 22 allow him to assist Acosta, who has limited English comprehension, with following the 23 Court’s orders. (Id.) Although Dobbs has requested to be approved for communication 24 with Acosta, NDOC officials have not yet processed his request. (Id.) In addition to 25 requesting an extension for Acosta to file his IFP application and a signed copy of the 26 Complaint, Dobbs requests that the Court direct NDOC to approve his request for 27 privileged communications with Acosta. (Id. at 3.) 28 2 Procedure, a plaintiff who is not represented by counsel is required to sign any pleading, 3 including the Complaint. Fed. R. Civ. P. 11(a). Moreover, pro se litigants have no authority 4 to represent anyone other than themselves. See Cato v. United States,
70 F.3d 1103, 5 1105 n.1 (9th Cir. 1995); see also C.E. Pope Equity Trust v. United States,
818 F.2d 696, 6 697 (9th Cir. 1987). Thus, Dobbs cannot represent Acosta or file documents on his behalf. 7 Acosta, himself, must sign every pleading filed, including the Complaint and any motions 8 pertaining to him. Because Acosta did not sign the motion for an extension of time to file 9 an IFP application, the Court denies the motion. However, because this case is still at the 10 pre-screening stage, the Court will extend the deadline for Acosta to file a complete IFP 11 application as well as a signed copy of the Complaint until November 3, 2025. 12 As for Dobbs’s request that the Court direct NDOC to approve his request to 13 communicate with Acosta, the Court denies the motion without prejudice. Dobbs does not 14 allege any detailed facts about when he initiated his request or how long such a request 15 normally takes to process. He does not allege that there has been any inappropriate 16 delay. 17 Moreover, the Court notes that it is not clear why Dobbs needs to exchange 18 privileged communications at this time. The next step in this case is for Acosta to file an 19 IFP application and a signed copy of the Complaint. To the extent that Dobbs needs to 20 explain that to Acosta, he can do so through non-privileged communication channels, 21 such as regular mail. Nothing about the Court’s order or the requirement that Acosta file 22 an IFP application and a signed copy of the Complaint is confidential. 23 It is therefore ordered that Dobbs’s motion requesting the Court extend the 24 deadline for Acosta to file an IFP application and a signed Complaint (ECF No. 7) is 25 denied. 26 It is further ordered that Dobbs’s request that the Court direct NDOC to process 27 and approve his request for privileged communications with Acosta is denied without 28 prejudice. 1 It is further ordered that, no later than November 3, 2025, Acosta must either pay 2 || the full $405 filing fee or file a fully complete IFP application with all three required 3 || documents: (1) a completed application with the inmate’s two signatures on page three, 4 || (2)a completed financial certificate that is signed by both the inmate and the prison or jail 5 || official, and (3) a copy of the inmate’s trust fund account statement for the previous six- 6 || month period. 7 It is further ordered that, no later than November 3, 2025, Acosta must file a copy 8 || of the Complaint bearing his signature and attesting that the allegations in the Complaint 9 || are true under penalty of perjury and file his own IFP application. 10 It is further ordered that that the Clerk of the Court is directed to send a courtesy 11 || copy of this order, the Complaint (ECF No. 1-1), the approved form IFP application for an 12 || inmate, and instructions for the same to Plaintiffs Antonio Acosta and Jason Willam 13 || Dobbs. 14 DATED THIS 1* Day of August 2025. 15 16 □□□□□□□□□□□□□□□□□□□□□□□□□□ 17 UNITED STATES DISTRICT JUDGE
18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown