Sims v. Grierson

Filing 7

ORDER denying 6 Motion for Relief from Judgment. Signed by Chief Judge Robert C. Jones on 3/6/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AZUJHON KENNETH SIMS,

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Plaintiff Azujhon Sims sued the clerk of a Nevada state court for an order mandating the

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Plaintiff,
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vs.
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STEVEN D. GRIERSON,
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Defendant.

3:12-cv-00624-RCJ-WGC
ORDER

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clerk to file certain pleadings the clerk had refused to accept because they were in an improper

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format and signed by an incorrect party. The disputed pleadings indicated that Plaintiff was a

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representative of the Clark County Attorney and an Eighth Judicial District judge, and he had

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signed them their behalf. The clerk informed Plaintiff that he could resubmit the pleadings, but it

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would not accept pleadings signed on behalf of persons Plaintiff did not in reality represent.

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The Court granted Plaintiff’s Motion to Proceed In Forma Pauperis, ordered the

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Complaint filed, and dismissed it under 28 U.S.C. § 1915 for failure to state a claim, ruling that

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the allegations that the clerk was “actively engaging in and/or conspiring to deny information

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before a duly elected state judge” appeared factually frivolous. Plaintiff has asked the Court to

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relieve him from the judgment under Rule 60(b)(1). He argues that the Court improperly

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honored the discretion of the state court clerk, who was allegedly refusing to perform a purely

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ministerial task. The Court denies the motion. It is simply factually inconceivable that Plaintiff,

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a prisoner of the Nevada Department of Corrections, is the authorized representative of the Clark

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County Attorney or a state court judge. Moreover, in order to make out a claim for a violation of

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the First Amendment right to petition the government for a redress of grievances—the right

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possibly implicated here—Plaintiff must show that he has suffered the loss of a non-frivolous

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civil claim by the defendant’s actions, and Plaintiff does not make such a showing. See Lewis v.

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Casey, 518 U.S. 343, 346 (1996); Alvarez v. Hill, 518 F.3d 1152, 1155 n.1 (9th Cir. 2008).

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CONCLUSION
IT IS HEREBY ORDERED that the Motion for Relief from Judgment (ECF No. 6) is
DENIED.
IT IS SO ORDERED.
Dated this 6th day of March, 2013.
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ROBERT C. JONES
United States District Judge

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