Ledesma v. State of Nevada et al

Filing 17

ORDER denying Plaintiff's 12 and 16 motions; denying as moot Defendant's 14 motion to strike. Signed by Magistrate Judge William G. Cobb on 4/21/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LUIS LEDESMA,

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3:13-cv-00102-MMD-WGC
Plaintiff,

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vs.
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ORDER
STATE OF NEVADA, et al.
Defendants.

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In this prisoner civil rights action, plaintiff has filed a motion (Doc. # 12) styled as a motion for

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order setting an inmate early mediation conference; defendants have filed a motion (Doc. # 14) to strike

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plaintiff’s motion; and plaintiff has filed a motion (Doc. # 16) for inmate assistance during at the

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mediation.

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Motions to strike generally only apply to pleadings. Fed.R. Civ. P. 12(f). A motion is not a

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pleading. (Rule 7(a).) Rule 12(f) therefore is inapplicable. While the Court does have inherent authority

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to strike other documents to manage its docket, a motion to strike often unnecessarily duplicates

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litigation because it generates another briefing cycle. Counsel should file simply an opposition in this

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situation. The court will treat Defendants' motion to strike (Doc. # 14) as an opposition to Doc. # 12.

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Plaintiff titled the motion as a “motion for order setting inmate early mediation conference.

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(Doc. # 12.) However, he actually sought therein an order allowing an inmate assistant to participate

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in the mediation. He has since filed another motion for inmate assistance. (Doc. # 16.)

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requests for an inmate assistant at the mediation will be denied. Plaintiff relies upon a state corrections

Plaintiff’s

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department administrative regulation that states, inter alia, that inmates “may assist each other in the

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preparation of legal documents and act as counsel substitutes under departmental policies.” Whatever

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non-lawyers may do in departmental proceedings under departmental policies does not extend to court

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proceedings, including mediation. To the extent that plaintiff needs to communicate other than in legal

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jargon, the mediator will discuss the case with plaintiff in terms that can be understood by a layman.

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Plaintiff, however, cannot have another inmate also attend the mediation as a purported counsel

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substitute.

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IT THEREFORE IS ORDERED that the Plaintiff's motions (Doc. ## 12, 16) are DENIED and
Defendants' motion to strike (Doc. # 14) is DENIED AS MOOT.
DATED: April 21, 2014

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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