10 4 12 order striking appeal in 26800 0204 0434 nash gardner elliott elcano mcgeorge 5104 374

7/29/2019 10 4 12 Order Striking Appeal in 26800 0204 0434 Nash Gardner Elliott Elcano Mcgeorge 5104 374

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R NOMUN ICIPAL COUnTP.O_BllX 1900

Ucno NV 895 5i 2 3J42290

Case No. 11 TR 26800 2IDept. No.3

N THE MUNICIPAL COURT OF THE CITY OF RENOCOUNTY OF WASHOE STATE OF NEVADA

CITY OF RENO,~ l a i n t i f f

vs.

ZACHARY BARKER COUGHLIN,Defendant._______________________1FACTS

ORDER STRIKINGDOCUMENT FILED INERROR ON OCTOBER 2, 2012AND RETURNINGDOCUMENT

The history of this case shall not be recited herein because it is adequately set forth inthe court's previous Orders entered and filed in this court on February 28,2012 (orderholding Defendant ZACHARY BARKER COUGHLIN in direct criminal contempt of court);March 12 2012 (order continuing and staying the traffic citation trial wherein the contemptoccurred, arid referring the matter to the State Bar of Nevada); and March 13,2012. (OrderStriking Fugitive Document Filed on March 7 2012 and Sua Sponte Order Denying ReliefSought in Improper Document).

In one of the March 13 th Orders, the court struck from the record defendant's 218-pagefugitive document entitled Request for Audio Recording of February i\ 2012 Trial and forAppt [sic] and to Waive Filing Fee and Transcript Fee for Appeal Counsel. t was found to

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RENOMUNICIPAL COURTP.O. Box 1900Reno NV 89505(702) 3342290

be a rambling, incoherent, nonsensical document which was not appropriate for filing in thiscourt.

Also on March 13,2012, this court denied Zachary Coughlin all reliefhe had sought inhis second fax-filed, 224-page rambling, incoherent and improper document, and furtherprovided that if he prepared and presented a correct and proper court motion, the court wouldthen consider his request for relief. In that Order, the court directed that Zachary Coughlinwas not to be permitted to file any documents without review and pre-approval of the court toensure that they were not frivolous, incoherent or otherwise improper documents.

FIN INGS

The defendant did not prepare and present a proper motion seeking leave to file. Instead,apparently on September 10,2012 he came to the Court Clerk and attempted to pay to file anappeal. The Court Clerk retained the funds as Mr. Coughlin refused to accept them back.Then on October 2,2012, the defendant came to the Reno Municipal Court Clerk andpresented a I-page, hand-written, barely-legible document. (A copy of Mr. Coughlin'sdocument is attached hereto and incorporated by reference herein as Exhibit A). Hisdocument is entitled "Motion for Leave or Permission to file this and Notice ofRMC sRefusal to accept Notice of Appeal on criminal contempt conviction." Mr. Coughlin alsoattached to his document as "Exhibit 1" a sealed envelope on which the Court Clerk hadnoted that it was returning "$12.00 received on 9 10112 to file an appeal on a case in whichthere has been no conviction." Mr. Coughlin has apparently hand-written on the envelope10/2/12 I reported a criminal summary contempt conviction in 11 TR 26800 to the US PTO

(patents)" and another sentence stating "There is a right to appeal a summary criminalcontempt conviction (signed Zach Coughlin)."

1. The envelope is sealed and has not been opened by the clerk or this court; it is returned to the defendant with this Order.

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RENOMUN ICIPALCOURTP.O. lox 1900Reno, V 9S0.s(702 3 42290

This document was not presented to this court for review before it was filed by a deputyclerk. Therefore, this court finds that said document is an improper and inappropriatedocument that lacks compliance with procedural and court rules and the March 13 , 2012Order of this court. It was filed in error by the Deputy Court Clerk and shall be returned toMr. Coughlin, together with a copy of this Order.

IT IS ORDERED that the document discussed herein that was erroneously filed isstruck from the record and shall be returned by the court clerk to the defendant, together withthe unopened and still-sealed envelope (Exhibt 1 .

IT IS ALSO ORDERED that if the defendant wishes to proceed with this matter, heshall prepare and present, for the court's pre-filing review, a separate and proper Motion forLeave to File Documents; said motion shall be legible, and contain proper formatting,spacing, margins, and the proper request for permission, facts, argument, and conclusion., andit shall not be filed by the Clerk of the Court, but only stamped Received, unless and untilthis court gives permission to file it.

IT IS FURTHER ORDERED that if this court grants the defendant permission to filea proper Notice ofAppeal, using the correct paper, formatting and procedure which is knownto Mr. Coughlin as he has been trained as a lawyer, then he shall prepare it, also properlyformatted as described above, and present it to the clerk for the court's pre-filing review.

Dated this 4th day of October, 2012.

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~ 1 4 ~E HON. OROTHY NASH HOLMESReno Mun'cipal Judge


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EXHI IT A


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COUGHLN, ZACHARY BARKER: : : : 1 2 . 0 0 REyEIVED ON 9 10 12 TO FILE AN APPEAL

' . 'ON 11 TR 268 21; HOWEVER THERE HAS NOT\ B E E ~ A CONVICTION ON THIS CASE THUS THERE. IS NOTHING TO APPEAL. 12.00 IS BEING.rl ~ v f fs flItA . evE. V Vt{ ~

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1 CERTIFICATE OF SERVICE2

4 Pursuant to NRCP 5 b), I certify that I am an employee of the Reno Municipal5 Court, Reno, Nevada, that I am over the age of 18 years and not a party to the above6 action, and that on this date, served a true and correct copy of the attached7 document to the following as set forth below:8 Placing said document in a sealed envelope and placed for collecting and9 mailing by Unites States mall in Reno, Nevada, postage prepaid.

1011 Facsimile FAX)1213 Electronic Mail E-mail)1415 Inner-office mail following ordinary business practices1617 Personal Delivery.1819 Zach Coughlin20 PO Box 396121 Reno NV 895052223 Daniel Wong24 Chief Criminal Deputy City Attorney25 PO Box 190026 Reno NV 895052728 Placing said document in a sealed envelope and placed for collecting and29 mailing by Unites States mail in Reno, Nevada, postage prepaid, Certified30 mail-return receipt requested, following ordinary business practices3132 Zach Coughlin33 PO Box 396134 Reno NV 895053536 DATED: October 4 2012.373839404142

, V 89505