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11CR 22176
F I LED
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IN THE MUNICIPAL COURT OF THE CITY OF RENO
COUNTY OF WASHOE, STATE OF NEVADA
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Plaintif,
vs.
ZACHARY BARKER COUGHLIN,
Defendant.

ORDER
On November 30, 2011, Defendant Coughlin was found guilty of the
offense of Petit Larceny, a violation of RMC 8.10.040. Thereafter, Appellant filed his
Notice of Appeal on December 13, 2011. Additionally, Defendant Coughlin filed a
Motion to Vacate and/or Set Aside, Motion for Reconsideration, Motion for Recusal
and Motion for Publication of Transcript at Public Expense.
Appellant Coughlin
requested that he be provided the trial transcript at public expense on the basis that
he was indigent. On November 14, 2011, Defendant Coughlin filed a Motion to
Proceed In Forma Pauperis wherein he seeks a waiver of certain fees due to his
asserted indigence.
A. FAILURE TO PROPERLY SERVE CITY ATTORNEY
Written motions are to be served upon each of the parties. NRS
178.582. Service upon the attorney or upon a party must be made in the manner
provided in civil actions. NRS 178.584.
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Appellant has chosen to serve the City Attorney with these various
pleadings via electronic mail. There is no provision in the Nevada Revised Statutes or
the Rules of Court which denotes electronic mail as an appropriate means of serice
of process. This alone is a basis for non-consideration/denial of Appellant's various
requests.
B. MOTION FOR PUBLICATION OF TRANSCRIPT AT PUBLIC EXPENSE and
MOTION TO PROCEED IN FORMA PAUPERIS
Defendant Coughlin cites to NRS 12.015 as authority for allowing him to
issue "any, necessary writ, process, pleading or paper without charge, with the
exception of jury fees because I lack sufficient financial ability to proceed without this
waiver".
Appellant Coughlin's reference to NRS 12.015 is misplaced as that
provision refers to civil procedure. He cites no other authority for his request.
This case has gone to verdict and the defendant was found guilty. It is
difficult to see what additional costs will be incurred by Appellant Coughlin other than
the trial transcript. This is not a complex case with numerous factual or legal issues.
Mr. Coughlin is a licensed attorney-at-law who implied during trial that
his incarceration for contempt would adversely affect his clients. Yet, Mr. Coughlin, in
his "afidavit of poverty" does not indicate any income from his practice of law. Of
note, Mr. Coughlin posted cash bail during the litigation of the instant matter.
This Court has not been provided suficient information to determine Mr.
Coughlin's indigency status and will not grant him carte blanche authority to continue
the fishing expedition he conducted during the trial of this matter. Appellant's motion
to further pursue this matter at public expense is denied.
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C. MOTION TO VACATE AND/OR SET ASIDE, MOTION FOR
RECONSIDERA TION AND MOTION FOR RECUSAL
These motions will not be addressed as Defendant Coughlin has not
submitted a basis for their consideration.
IT IS HEREBY ORDERED that Defendant Coughlin's Motion to Proceed
In Forma Pauperis and Motion for Publication of Transcript at Public Expense is
DENIED.
IT IS FURTHER ORR DE RED that the Motion to Vacate and/or Set
Aside, Motion for Reconsideration and Motion for Recusal are presently DENIED.
G
DATED this /5 day of December, 201 .
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CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certif that I a an employee of the Reno MuniciII Court,
Reno, Nevada, and that on this date I served a true and correct copy of te foregoing document,
ORDER on the party(ies) set forth below:
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Placing said document in a sealed envelope placed for collecting and mailing in the
United States mail, at Reno, Nevada, postage prepaid, following ordinary business
practices.
Facsimile to :
Reno/Carson Messenger Service.
Federal Express or other overight delivery.
Inner-office mail following ordinary business practices.
Personal Delivery.
City Attorney's Ofce
Post Ofce Box 1900
Reno, Nevada 89509
Zachary Coughlin
817 N. Virginia Street, #2
Reno, Nevada 89501
DA TED this J day of Dec mber, 20 II.
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Casc No. 11 CR 22176
2 Dept. No.4
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6 IN THE MUNICIPAL COURT OF THE CITY OF RENO
7 COUNTY OF WASHOE, STATE OF NEVADA
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9 CITY OF RENO,
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Plaintiff,
vs.
ZACHAR Y BARKER COUGHLIN,
Defendant.
ORDER
On Novcmber 30, 2011, Defndant Coughlin was found guilty of the offense of Pc tit
Larccny, a violation of RMC 8.10.040. Thereafter, he has tIled numerous pleadings, including a
Notice of Appeal, Motion to Vacate and/or Set Aside, Motion for Reconsideration and other assorted
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requests for waiver of court costs.
On the 21" and 22n
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day of November, 201 I, the Defendant forwarded two e-mail
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communications to Judge Ken Howard's personal electronic mail account. The information relayed
in these communications should properly have been made and submitted by way of a motion filed with
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the Court. Defendant Coughlin was advised by Judge Howard not to communicate with him via his
24 e-mail address on Novcmber 22,20 I I. Additionally, Defendant Coughlin has taken it upon himself to
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{()fward numerous electronic communications to Court staff
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Once again, on December 16,20 11, Defendant Coughlin forwarded a communication
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to Judgc Howard's personal electronic mail account. Defndant Coughlin is wared that he must
ccase and desist furthcr e-mail communication with Judge Howard, his stafr or any other employee of
thc Rcno Municipal Court.
Violation of this Order may result in a finding of Contempt and be acted upon as such.
IT IS HEREBY ORDERED that Defendant Coughlin shall not communicate via c-
mail with Judge Howard, his staff or any other employee of the Reno Municipal Court.
DATED this 16t
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day of Dcccmbcr, 2011.
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,
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CERTIFICATE OF SERVICE
Pursuant to NRCP S(b), I certify that I am
Reno Municipal Court, Reno, Nevada, and that on
a true and correct copy of the foregoing document,
party(ies) set forth below:
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X_ Placing said document in a sealed
collecting and mailing in the United
Reno, Nevada, postage prepaid, following
business practices.
Facsimile (FAX).
Reno/Carson Messenger Service.
Federal Express or other overnight
X Inner-office mail following ordinary
X Personal Delivery.
City Attorneys Office
PO BOX 1900
Reno, NV 89505
Zachary Barker Coughlin
817 N. Virginia St #2
Reno, NV 89501
day of December 2011
an the
this served
OR+R the
envelope for
States
delivery.
business
emP loyee of
date I
on
placed
mail, at
ordinary
practices.
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