Almy v. Davis et al

Filing 492

ORDER finding as moot 475 Motion to Enforce Court Order and 485 Motion to Expedite. Signed by Judge Howard D. McKibben on 3/26/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN ALMY,

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Plaintiff,
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vs.
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D. DAVIS, et al.,
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Defendants.
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_________________________________ )

2:12-cv-00129-HDM-VCF
ORDER

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On January 29, 2015, plaintiff filed a motion contending that
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some of his legal documents that were transported with him to Reno
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for trial had not been returned to him (#475).
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On February 13, 2015, defendants advised the court that they
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were investigating the matter (#483).
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On February 20, 2015, plaintiff mailed a “motion to expedite”
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submission of his motion to enforce (#485).

In the motion,

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plaintiff asserted that he was still missing his legal materials.
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Plaintiff also requested various types of relief, including
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monetary compensation for the withholding of his materials.
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On March 2, 2015, defendants responded that plaintiff’s legal
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property had been returned to Southern Desert Correctional Center,
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where plaintiff is currently housed, on February 20, 2015 (#487).
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On March 6, 2015, plaintiff filed a document entitled “Amended
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Reply to Opposition to Expedited Request to Enforce/Modify
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Order/Instruction Doc. #386" (#489).
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In it, plaintiff reasserts

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requests for a court order and sanctions against the defendants and

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others for the confiscation of his property.

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On March 10, 2015, defendants filed a response to plaintiff’s

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motion to expedite, in which defendants argued the motion should be

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denied as moot as all of plaintiff’s legal property has been

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transported to SDCC for delivery to him (#490).

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Defendants have represented to the court that plaintiff’s

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legal materials have been returned to him, or at least have been

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transported to the correctional facility where he is housed such

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that they can be delivered to him.

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evidence to the contrary, nor has he identified any specific

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documents to which he still lacks access.

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plaintiff’s motion to enforce court order (#475) and motion to

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expedite (#485) are DENIED AS MOOT insofar as both motions request

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the return of plaintiff’s property.

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other respects as without merit and/or beyond the scope of this

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court’s authority in this matter.

Plaintiff has not presented any

Accordingly, the

The motions are DENIED in all

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IT IS SO ORDERED.

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DATED: This 26th day of March, 2015.

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____________________________
UNITED STATES DISTRICT JUDGE

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