Hewitt v. Wilson et al

Filing 53

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 7/30/2012 denying 50 Motion for Sanctions and denying as moot 52 Motion to Stay Briefing. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

TONY G. HEWITT,

)
)
Plaintiff,
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vs.
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OFFICER WILSON, et al.,
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Defendants.
)
___________________________________ )

3:11-cv-00642-RCJ-WGC
MINUTES OF THE COURT
July 30, 2012

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK: KATIE LYNN OGDEN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is what plaintiff styles “Motion for Sanctions #2.” (Doc. #50.) Defendants
did not respond to plaintiff’s motion, but instead filed a “Motion to Stay Briefing on Plaintiff’s
Motion for Sanctions #2 (Doc. #50) and Other Motions Plaintiff May File, Pending the Court’s
Ruling on Defendants’ Motion for Summary Judgment (Doc. #28).”
Typically, motions for sanctions relate to discovery disputes. Instead, plaintiff’s motion
complains of alleged mistreatment by two Department of Corrections officers (Frobes and
Kerpatrick) who are not parties to this action. (Doc. #50 at 2.) The court notes the instant motion
was filed the same day the court addressed plaintiff’s earlier motion for sanctions (Doc. #49). At
the hearing on July 11, 2012, the court denied plaintiffs motion for sanctions (Doc. #49): “While
the alleged interference with mail plaintiff claims he was experiencing may be the subject of a
grievance, it was found not to be an appropriate basis for a motion for sanctions.” (Doc. #51.)
The same rationale applies to the instant motion, i.e., that the subject matter might be more
appropriate for a grievance, but not a motion for sanctions, particularly as against two individuals
who are neither parties nor counsel to this action.
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MINUTES OF THE COURT
3:11-cv-00642-RCJ-WGC
Date: July 30, 2012
Page 2

Plaintiff’s motion (Doc. #50) is DENIED. As a result, defendant’s “Motion to Stay
Briefing” (Doc. #52) is DENIED as moot. The court declines to entertain a blanket order granting
defendants’ request not to respond to any motion plaintiff may file herein pending the court’s
disposition of defendants’ motion for summary judgment.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk