Tagle v. State of Nevada et al

Filing 45

ORDER denying 44 Motion for District Judge to Reconsider Order. Signed by Judge James C. Mahan on 8/14/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TAGLE,

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Case No. 2:15-CV-2082 JCM (VCF)
Plaintiff(s),

ORDER

v.
STATE OF NEVADA,

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Defendant(s).

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Presently before the court is pro se plaintiff Victor Tagle’s objection to Magistrate Judge
Ferenbach’s May 22, 2017, order (ECF No. 43). (ECF No. 44).

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Plaintiff alleges that he has been “targeted again due to discrimination and abuse of

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discretion of the court” and that “Judge Ferenbach’s discriminatory, wrongful decision’s goes [sic]

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long back on plaintiff’s case, showing the prejudice of the court.” (Id.). Plaintiff requests “the

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change of court’s [sic] officials.” (Id.).

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As the Ninth Circuit has held, and as Judge Ferenbach stated, “failure to properly address

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and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal

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factual issues from the order of the District Court.” (ECF No. 43 at 8); see Martinez v. Ylst, 951

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F.2d 1153, 1157 (9th Cir. 1991).

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Here, plaintiff fails to enumerate any specific instance of discrimination. See (ECF No.

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44). Judge Ferenbach wrote a well-reasoned order that adequately addressed each of plaintiff’s

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motions and did not subject plaintiff to any form of discrimination. See (ECF No. 43).

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James C. Mahan
U.S. District Judge

Therefore, plaintiff’s objection will be denied because he failed to properly address and
brief the objectionable issues. Martinez, 951 F.2d at 1157.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s objection (ECF

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No. 44) be, and the same hereby is, DENIED with prejudice.
DATED August 14, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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