Williams v. Harmer et al

Filing 6

ORDER that 5 Motion Requesting the Opportunity to Participate in the Early Neutral Evaluation Program is DENIED without prejudice. FURTHER ORDERED that the Clerk of Court must terminate the undersigned's designation as the settlement judge in this case. Signed by Magistrate Judge Carl W. Hoffman on 3/1/16. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11

TADARYL WILLIAMS,

)
)
Plaintiff,
)
)
vs.
)
)
JIMMY HARMER, et al.
)
)
Defendants.
)
__________________________________________)

Case No. 2:16-cv-00131-GMN-GWF
ORDER

12
13

Presently before the Court is Plaintiff Tadaryl Williams’s motion (ECF No. 5) requesting

14

permission to participate in the Court’s Early Neutral Evaluation Program. Under Local Rule

15

16-6(a), all employment discrimination actions filed in this Court must undergo early neutral

16

evaluation. Local Rule 16-6(a) lists the types of cases that fall under the Early Neutral Evaluation

17

Program, which includes cases brought under 42 U.S.C. § 1983 “if the complaint alleges

18

discrimination in employment on the basis of race, color, gender, national origin, and/or religion.”

19

Here, Plaintiff brings a civil rights complaint under 42 U.S.C. § 1983 alleging that various

20

individuals employed by Local 631 Union discriminated against him and violated his

21

Constitutional rights by refusing to reinstate him as a supplemental worker, placing him on a

22

blacklist, refusing to investigate Plaintiff’s retaliation claims, failing to provide Plaintiff with

23

representation, and failing to assist Plaintiff in filing grievances. (Compl. (ECF No. 1) at 2-9.)

24

Although Plaintiff alleges various Defendants discriminated against him in violation of 42 U.S.C.

25

§ 1983, he does not include factual allegations stating that the discrimination was because of

26

Plaintiff’s race, color, gender, national origin, and/or religion. The Court therefore finds that

27

Plaintiff’s case does not fall under the Early Neutral Evaluation Program.

28

///

1

IT IS THEREFORE ORDERED that Plaintiff Tadaryl Williams’s Motion (ECF No. 5)

2

requesting permission to participate in the Early Neutral Evaluation Program is DENIED without

3

prejudice.

4
5

IT IS FURTHER ORDERED that the Clerk of Court must terminate the undersigned’s
designation as the settlement judge in this case.

6
7

DATED: March 1, 2016

8
9
10

______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2