Dick v. Schaeffer et al

Filing 10

ORDER that ECF No. 1 Complaint is DISMISSED; Clerk directed to enter judgment and close the case. IT IS SO ORDERED. Signed by Judge Robert C. Jones on 04/04/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KWASSUH WESLEY GLENN DICK,
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Plaintiff,
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vs.
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WILLIAM E. SCHAEFFER et al.,
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Defendants.
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3:16-cv-00584-RCJ-WGC
ORDER

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Plaintiff Kwassuh Dick has sued the Austin Township Justice Court (“the ATJC”) and

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Justice of the Peace William Schaeffer in pro se in this Court. In Count I, Plaintiff alleges that

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unidentified Lander County Sheriff’s Office deputies interfered with his hunting activities in

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2012 in violation of the Treaty with the Snake (Northern Paiute) of 1865. Specifically, the

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deputies arrested him on June 7, 2012 for having killed three antelope. Plaintiff spent four days

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in the Lander County Jail without being brought before a judge. The ATJC continued his trial to

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July 2013 at his request. Plaintiff requested that the “Winnemucca Traditional Tribal Court”

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hear his case. That purported court accepted his request and purported to rule in his favor.

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Nevertheless, the ATJC proceeded in some fashion in October 2013 (the allegations are largely

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illegible). In Count II, Plaintiff alleges “judicial misconduct” by Justice Schaeffer for having

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ignored the purported acquittal in the tribal court.

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Plaintiff filed an emergency motion asking the Court to direct the U.S. Marshals Office to

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take him into “protective custody” and transport him to his home. In the motion, Plaintiff noted

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that the ATJC had dismissed the charges against him when the state failed to produce its

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witnesses at the time scheduled for trial, but Plaintiff had been arrested on October 24, 2016 by

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Fallon Paiute–Shoshone Tribal Police based on a contempt of court warrant issued by the ATJC.

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The Court denied the motion because it was not signed by Plaintiff but by “Benny Mills,

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Elder Traditional Speaker,” who was not an attorney admitted before the Court, and even if the

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motion had been signed by Plaintiff or an attorney, Plaintiff had made no showing that the order

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of contempt upon which the arrest was made was contrary to federal law and had not even

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alleged the basis of the order of contempt. The Court then ordered Plaintiff to show cause why

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Count I should not be dismissed under the statute of limitations and why the entire Complaint

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should not be dismissed based on judicial immunity. In his response, Plaintiff has made no

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argument as to either issue. Accordingly, the Court rules that Count 1 is time-barred, and

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Defendants are entitled to judicial immunity against all claims.

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CONCLUSION

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IT IS HEREBY ORDERED that the Complaint is DISMISSED.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment and close the case.

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IT IS SO ORDERED.

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January day of December, 2016.
Dated this 19th 4, 2017.

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_____________________________________
ROBERT C. JONES
United States District Judge

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