Chernetsky v. State Of Nevada et al

Filing 239

ORDER - The Motion to Reconsider (ECF No. 236 ) is DENIED. The Motion to Extend Time (ECF No. 237 ) is GRANTED. Signed by Judge Robert C. Jones on 12/12/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY THOMAS CHERNETSKY,
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Plaintiff,
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vs.
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STATE OF NEVADA et al.,
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Defendants.
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3:06-cv-00252-RCJ-WGC
ORDER

This case arises out of Defendants’ refusal to permit Plaintiff to use certain artifacts

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during religious rituals and the confiscation of some of those artifacts. The Court granted

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summary judgment to Defendants and denied summary judgment to Plaintiff as to claims two

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through nine. However, as to the first claim for failure to permit the use of a sweat lodge for

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Wiccan religious rituals, the Court granted summary judgment to Plaintiff in part and to

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Defendants in part, ruling that Defendants could not deny the use of the sweat lodge to Wiccans

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under the same conditions that it permitted its use to Native Americans. The Court denied

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motions to reconsider. The parties cross-appealed. Oral argument on the appeal has been

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continued pending settlement negotiations. In the meantime, Plaintiff asked the Court to hold

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Defendants in civil contempt for failure to comply. The Court denied the motion both as moot

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and on the merits. Plaintiff has asked the Court to reconsider. The Court declines to reconsider.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 236) is DENIED.

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IT IS HEREBY ORDERED that the Motion to Extend Time (ECF No. 237) is

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GRANTED.
IT IS SO ORDERED.
Dated: This 12 day of November, 2016.
Dated this 21stth day of December, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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