Cross v. Jaeger et al

Filing 210

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/18/2015, denying as moot 205 Motion Requesting Clarification. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

ANTHONY CROSS,

)
)
Plaintiff,
)
)
vs.
)
)
RON JAEGER, et al.,
)
)
Defendants
)
________________________________________)

3:13-cv-00433-MMD-WGC
MINUTES OF THE COURT
August 18, 2015

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 Plaintiff’s “Motion Requesting Clarification of this Court’s Order (Doc.
#199).” (Doc. # 205.) The court’s Order (Doc. # 199) cited the Defendant’s filing of Doc # 197,
Notice of Compliance, upon which the order was predicated and further stated:
Defendant has admitted he processed Plaintiff’s emergency grievance. Although still
contending he had the requisite authority as “segregation sergeant and thus a shift
supervisor for purposes of AR 740" (Doc. # 197 at 1), he admits there is no specific
Nevada Department of Corrections administrative regulation or operating procedure
which specifically authorized Defendant Jaeger to respond to the emergency
grievance. (Id.) To the extent there is any relevance what Defendant Jaeger’s grant
of authority was from NDOC, that issue is resolved.
***
Thus, in the court’s mind, the issue about what authority Sgt. Jaeger had – or did not
have – has been unequivocally identified. The court does not see how the additional
discovery Plaintiff proposes will elucidate any additional information relevant to the
only viable claims, which are “the claims under the First Amendment and Article 1,
Section 9 of the Nevada Constitution against the defendants for alleged retaliation
and/or interference with Plaintiff’s ability to pursue a disciplinary appeal and
grievance.” (Doc. # 6 at 3.)

MINUTES OF THE COURT
3:13-cv-00433-MMD-WGC
Date: August 18, 2015
Page 2
The court’s order is self explanatory and needs no further elaboration.
Plaintiff’s motion (Doc. # 205) is DENIED AS MOOT.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk