Opinion
No. 62202
11-13-2014
WILLIE D. SAMPSON, Appellant, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; THE HONORABLE MICHELLE LEAVITT; CATHERINE CORTEZ MASTO; DAVID ROGER; BECKY GOETTSCH; SUSAN M. PATE; ROBERT MILLER; PHILIP J. KOHN; STACY BIGGS; LIZ GARCIA; KIT MCDONALD; KENDALL D. HEATH; AND CHRISTOPHER R. ORAM, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from a district court order dismissing a civil rights action for failure to timely serve process. First Judicial District Court, Carson City; James Todd Russell, Judge.
On appeal, appellant first challenges three district court orders entered on August 7, 2012, that dismissed appellant's claims against respondents Leavitt, Masto, the Eighth Judicial District Court, Oram, and Kohn. Specifically, appellant contends that the district court improperly granted respondents' motions to dismiss without first ruling on appellant's pending stay petition. We disagree. Because the evidence appellant sought to obtain, and the discovery he sought to conduct, would not have been relevant to addressing the arguments set forth in respondents' motions to dismiss, the district court properly denied appellant's stay petition at the same time that it granted respondents' motions to dismiss.
Appellant also challenges a district court order entered on November 8, 2012, that dismissed appellant's complaint with respect to respondents Roger, Goettsch, Pate, Miller, Biggs, Garcia, McDonald, and Heath. Specifically, appellant contends that the district court improperly dismissed these respondents without first ruling on appellant's motion to compel. Appellant has pointed to no authority suggesting that the district court would have been authorized to grant the relief that appellant was requesting in his motion to compel. Accordingly, we conclude that the district court properly denied the motion to compel when it entered the November 8 order. See Bd. of Gallery of History, Inc. v. Datecs Corp., 116 Nev. 286, 289, 994 P.2d 1149, 1150 (2000) (noting that the district court's failure to rule on a request constitutes a denial of the request). We therefore
ORDER the judgment of the district court AFFIRMED.
We have considered appellant's remaining arguments and conclude that they lack merit. In light of this disposition, we deny the relief requested in appellant's September 29, 2014, filings.
/s/_________, C.J.
Gibbons
/s/_________, J.
Hardesty
/s/_________
Cherry
cc: Hon. James Todd Russell, District Judge
Willie D. Sampson
Attorney General/Carson City
Christopher R. Oram
Carson City Clerk