Hernandez v. Baker et al

Filing 156

ORDER denying Plaintiff's 154 Motion. Signed by Magistrate Judge William G. Cobb on 11/13/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IGNINIO HERNANDEZ,

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3:13-cv-00083-MMD-WGC
Plaintiff,

v.

ORDER
Re: ECF No. 154

RENEE BAKER, et. al.,

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Defendants.

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On November 6, 2015, Plaintiff filed a motion pursuant to Federal Rule of Civil

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Procedure 13. (ECF No. 154.)1 He states that he was not able to respond and reply to

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Defendants’ last two motions, and references Defendants’ reply in support of their motion for

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summary judgment. (Id. at 1-2.) He asks the court to grant summary judgment in his favor. (Id. at

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2.) The document then contains a thirty-three page declaration which discusses events that are

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not pertinent to the claims proceeding in this action.

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As the court has advised Plaintiff in the past (see ECF No. 62), Rule 13 governs

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counterclaims and cross-claims and is inapplicable to Plaintiff’s action. If Plaintiff has claims in

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addition to those proceeding in this lawsuit, he must utilize the prison grievance process, and

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then, if unsuccessful in resolving them, may initiate a new lawsuit. He may not air those

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grievances in this lawsuit.

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The court has already denied Plaintiff’s request to file a sur-reply in response to

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Defendants’ reply in support of their motion for summary judgment. (See ECF No. 155.)

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To the extent Plaintiff’s motion can be construed as his own motion for summary

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judgment, such motions were to be filed by April 7, 2015. (ECF No. 128.) Even if liberally

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Refers to court’s Electronic Case Filing (ECF) number.

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construed as such a motion, Plaintiff has presented no good cause showing for filing a very

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untimely motion for summary judgment.

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Therefore, Plaintiff’s motion (ECF No. 154) is DENIED.

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IT IS SO ORDERED.

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DATED: November 13, 2015.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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