Bacon v. Reyes

Filing 170

ORDER that 161 Motion to Strike is GRANTED. IT IS FURTHER ORDERED that 160 Motion to Set Aside is STRICKEN. IT IS FURTHER ORDERED that 166 Motion for Leave to File a Substantial Judicial Notice is DENIED. IT IS FURTHER ORDERED that, wit hin fifteen days of entry of this order, defendants counsel shall file a notice in the record that counsel has forwarded a copy of this order to the appropriate authorities within the Nevada Department of Corrections. Signed by Judge James C. Mahan on 6/22/15. (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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PERCY LAVAE BACON,

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Plaintiff(s),

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Case No. 2:12-CV-1222 JCM (VCF)
ORDER

v.
OSWALD REYES, et al.,

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Defendant(s).

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Presently before the court is pro se plaintiff Percy Bacon’s motion to amend his prior

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motion to set aside the clerk’s judgment. (Doc. # 160). The state defendants have filed a motion

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to strike in response. (Doc. # 161). Plaintiff filed a response to the motion to strike (doc. # 163),

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and defendants filed a reply (doc. # 164).1

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Also before the court is plaintiff’s motion for leave to file a substantial judicial notice.2
(Doc. # 166). Defendants have not filed a response and the deadline to do so has passed.

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Plaintiff continues to file frivolous motions in a case that this court closed on January 24,

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2014. Further, plaintiff has previously moved for the same relief he has requested here. (See docs.

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## 152, 154, 156). In the court’s prior order striking plaintiff’s frivolous requests, the court,

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warned plaintiff that, “[n]o further motions will be entertained in this closed case, and will instead

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be stricken without consideration.” (Doc. # 159).

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It is unclear to the court what plaintiff asks this court to take judicial notice of. Plaintiff’s
motion is titled, in full, “Motion for leave to file a substantial judicial notice to address the Ninth
Circuit court of Appeals’ concerns of the Nevada Departmental’s [sic] use of MJ-48 instead of the
state of Nevada’s created for that sole purpose statute N.R.S. 209.451 which provides a single
sanction and exhibits.” (Doc. # 166 at 1).
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James C. Mahan
U.S. District Judge

Plaintiff improperly filed his own reply to defendants’ reply. (Doc. # 165).

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Defendants ask that plaintiff’s instant motion be summarily stricken in accordance with

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this court’s previous order. (Doc. # 161). In addition, defendants request for the second time that

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the court refer plaintiff to correctional authorities for institutional disciplinary violations. 3 The

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court has previously declined refer plaintiff to correctional authorities and has instead warned

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plaintiff that, “plaintiff should take [the court’s prior] order as a final warning that another frivolous

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or non-complying motion will result in the court’s reconsidering defendants’ invitation.” (Doc. #

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158).

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The court has fully considered plaintiff’s arguments on multiple occasions and rejected

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them each time. (See, e.g., docs. # 29, 38, 87, 111, 113, 144, 158). Plaintiff has appealed several

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of the court’s decisions, and the Ninth Circuit has dismissed his appeals as “so insubstantial as to

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not warrant further review.” (See doc. # 148).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion to

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strike (doc. # 161) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion to amend his prior motion to set aside
the clerk’s judgment (doc. # 160) be, and the same hereby is, STRICKEN.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to file a substantial judicial
notice (doc. # 166) be, and the same hereby is, DENIED.

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IT IS FURTHER ORDERED that the court refers the matter to the appropriate authorities

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with the Nevada Department of Corrections for consideration of possible imposition of

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disciplinary penalties for major violation MJ48.

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James C. Mahan
U.S. District Judge

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Under MJ48 of the NDOC Administrative Regulations, a major violation may be
committed by the following: “Any violation of the Rules of Court, contempt of court, submission
of forged or otherwise false documents, submissions of false statements, violations of Rules of
Civil Procedure and/or receiving sanctions and/or warnings for any such actions from any court.
Although not necessary for disciplinary purposes, any Order from any court detailing such action
shall be sufficient evidence for disciplinary purposes.”
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IT IS FURTHER ORDERED that, within fifteen days of entry of this order, defendants’

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counsel shall file a notice in the record that counsel has forwarded a copy of this order to the

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appropriate authorities within the Nevada Department of Corrections.

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DATED June 22, 2015.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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