Padilla v. State of Nevada et al

Filing 33

ORDER. IT IS ORDERED that 31 , 32 Defendants Motions for Temporary Restraining Order and Preliminary Injunction are DENIED with prejudice. IT IS FURTHER ORDERED that the STAY is LIFTED. Signed by Judge Kent J. Dawson on 11/18/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-00066-KJD-VCF Document 33 Filed 11/18/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RAYMOND PADILLA,

Case No. 2:20-cv-0066-KJD-VCF

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Plaintiff,

ORDER

v.
R. KNICKERBOCKER and D. REITZ,
Defendants.
Presently before the Court are Defendant’s Motions for Temporary Restraining Order and

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Preliminary Injunction (#31/32). Here, there is no opposition, presumably because no parties

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have been served and the case is stayed pursuant to the order of the magistrate judge.

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On September 1, 2021, the Court affirmed (#30) the Order (#13) of the magistrate judge

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recommending that some claims be dismissed, preserving claims against Defendants

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Knickerbocker and Reitz and giving Plaintiff leave to file an amended complaint. The Court

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gave Defendant twenty-one (21) days to file or renew a prior motion to file an amended

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complaint. Plaintiff’s amended complaint or motion was due no later than September 22, 2021.

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Defendant did not respond. Instead, on October 25, 2021, Plaintiff filed the present motions

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which seek to have the Court order the State of Nevada to pay him for a wrongful conviction

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pursuant to Nevada Revised Statute 41.900, et. seq.

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However, the injunctive motions must be denied for several reasons. First, the Court

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dismissed all claims against the State of Nevada, which became effective when Plaintiff failed to

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file an amended complaint. Second, the Court does not have jurisdiction over claims for

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wrongful conviction arising under NRS 41.900. See NRS § 41.900(1) (claims must be filed in a

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state district court). Third, Plaintiff cannot file such a claim because he is currently incarcerated.

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Id. (claim can only be filed by a person “who is not currently incarcerated for any offense”).

Case 2:20-cv-00066-KJD-VCF Document 33 Filed 11/18/21 Page 2 of 2

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Accordingly, the motions are denied with prejudice.
Finally, the Court lifts the stay and refers the other pending motions to the magistrate

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judge for consideration and for entry of any order necessary for Plaintiff to proceed on the

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remaining claims.

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Accordingly, IT IS HEREBY ORDERED that Defendant’s Motions for Temporary
Restraining Order and Preliminary Injunction (#31/32) are DENIED with prejudice;
IT IS FURTHER ORDERED that the STAY is LIFTED.
Dated this 18th day of November, 2021.
_____________________________
Kent J. Dawson
United States District Judge

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