Tripp v. Bisbee et al

Filing 15

ORDER denying 10 Motion for District Judge to Reconsider Order and denying 11 Motion to Amend. Signed by Judge Robert C. Jones on 11/9/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 _____________________________________ WALTER TRIPP, 8 9 10 11 Plaintiff, vs. CONNIE BISBEE et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 3:15-cv-00030-RCJ-VPC ORDER 12 13 Plaintiff Walter Tripp is a convicted sex offender. He sued four members of the Nevada 14 Board of Parole Commissioners in this Court, claiming that they violated his rights under the 15 Equal Protection Clause of the Fourteenth Amendment via their alleged policy of automatically 16 denying parole to sex offenders. The Court dismissed the Complaint with prejudice upon 17 screening under 28 U.S.C. ยง 1915A both because Defendants were entitled to quasi-judicial 18 immunity and because Plaintiff could not attack the lawfulness of his confinement via a civil 19 action for damages but only via a petition for a writ of habeas corpus. Both this Court and the 20 Court of Appeals found the appeal to be frivolous and therefore denied in forma pauperis status 21 on appeal. The Court of Appeals ordered Plaintiff to pay the full filing fee by October 7, 2015 if 22 he wished to proceed anyway. Plaintiff has asked the Court to reconsider its dismissal and for 23 leave to amend. To the extent it has jurisdiction to consider them, the Court denies the motions. 24 1 of 2 CONCLUSION 1 2 3 4 5 IT IS HEREBY ORDERED that the Motion to Reconsider and the Motion to Amend (ECF Nos. 10, 11) are DENIED. IT IS SO ORDERED. Dated this 9th day of November, 2015. Dated this 30th day of September, 2015. 6 7 8 _____________________________________ ROBERT C. JONES United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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