Reece v. Shepherd et al

Filing 35

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 3/4/2015, denying Plaintiff's 30 , 31 , 32 , and 33 Motions. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

DONALD REECE,

)
)
Plaintiff,
)
)
vs.
)
)
RICHARD SHEPARD,
)
)
Defendant.
)
_____________________________ )
PRESENT:

3:14-CV-0192-MMD (VPC)
MINUTES OF THE COURT
March 4, 2015

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Four motions filed by plaintiff are currently pending, and the court will address each one
in turn.
#30 Plaintiff’s motion to add another defendant to this case
Plaintiff filed a motion to add the warden of Northern Nevada Correctional Center, Isidro
Baca, as a defendant in this case (#30). Defendants opposed the motion (#34). No reply was
filed.
Plaintiff has failed to follow Local Rule 15-1 which requires a party to file a motion for
leave to amend complaint and requires the plaintiff to attach the proposed amended pleading to
any motion so that it will be complete in itself without reference to the superseding pleading.
Therefore, plaintiff’s motion for leave to add a defendant (#30) is DENIED.

#31 Plaintiff’s request for court to take a physical review of property “unauthorized” by
Richard Shepherd
and
#32 Plaintiff’s request for court to rule on Nevada Department of Corrections failure to
file inmate property being handled without inmate being present
Plaintiff filed two motions concerning his property (#s 31 & 32). Defendants filed an
opposition to both motions (#34). No reply was filed.
By these motions, plaintiff appears to either be attempting to have the court conduct
discovery on his behalf, attempting to file a dispositive motion, or asking the court for legal
advice. In any event, plaintiff’s motions (#s 31 & 32) are unclear, improper, and may contain
new allegations not pled in his complaint and are DENIED.
#33 Plaintiff’s motion to request court to grant plaintiff a medical appointment because of
condition
By this motion, plaintiff is asking that the court order an appointment for him at the
Arthritis Center of Reno. Defendants opposed the motion (#34), and no reply was filed.
Plaintiff’s sole surviving legal claim in this case is one brought pursuant to the Fourteenth
Amendment (i.e., deprivation of property without due process) (#7). Therefore, plaintiff’s
medical condition is not the subject of this lawsuit, and his motion (#33) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk