United States District Court, D. Nevada
ORDER Re: ECF Nos. 40, 45, 47, 48
William G. Cobb United States Magistrate Judge.
who was an inmate at the Washoe County Detention Facility
(WCDF), filed his application to proceed in forma pauperis
(IFP) and pro se complaint on March 22, 2019. (ECF Nos. 1,
1-1.) The crux of Plaintiff's complaint is that he was
trying to send information to the United States Patent and
Trademark Office (USPTO) regarding a possible invention and
patent from the WCDF, but was advised he could not do so
because of the WCDF policy that with the exception of legal
mail, incoming and outgoing mail must utilize a postcard.
Plaintiff was told by deputies that the mail he sought to
send to the USPTO was not legal mail.
undersigned issued a report and recommendation that
Plaintiff's IFP application be granted (and because he is
an inmate, that he be required to pay the $350 filing fee
over time), and that he be allowed to proceed with claims
under the First and Fourteenth Amendments against Washoe
County based on the above-allegations. (ECF No. 10.) District
Judge Du considered Plaintiff's objections to the report
and recommendation, overruled them, and adopted and accepted
the report and recommendation. (ECF No. 19.) The complaint
was filed on August 12, 2019, and a summons issued to Washoe
County the same day. (ECF Nos. 20, 21.) Washoe County filed
its answer on September 10, 2019. (ECF No. 28.)
September 11, 2019, the court entered a scheduling order
setting the discovery deadline for December 10, 2019, and the
motions deadline for January 9, 2020. (ECF No. 29.)
October 7, 2019, Plaintiff filed a motion for a court order
to receive a copy of grievances from the jail kiosk system.
(ECF No. 36.) He asked for a copy of his grievance related to
his lawsuit regarding the mail from May 2019. He also sought
two other grievances, stating that he was placed in lock down
and his phone/address book was taken. He claims this book
contains the information he needs to contact people who were
going to help him pay for the patents. He asked a deputy
about the book and was told it was given to classification,
but classification told him that they never received it. He
contends he was deprived of his property without due process.
He states that he filed grievances for this on May 14, 2019.
He asked for a court order that the defendants provide him
the copies of the grievances so he could "submit the
appropriate discovery" on time as requested by the
filed a response stating that Plaintiff had not submitted any
discovery, so the motion was premature. In any event, Washoe
County was still undertaking an effort to locate the
grievances to produce if a proper discovery request was made.
(ECF No. 37.)
Plaintiff had not made a formal request for production of
documents to Defendant requesting these documents, the court
denied the motion without prejudice. (ECF No. 38.)
court's order was returned as undeliverable. (ECF No.
October 28, 2019, Defendant filed a partial motion to dismiss
arguing that when Plaintiff filed his action he was an inmate
in the WCDF awaiting resolution of pending criminal charges,
but his criminal charge was since resolved with the State
court accepting his guilty plea and suspending his sentence,
and he was no longer housed at WCDF. Defendant argued that
his release from detention extinguished his legal interest in
an injunction or declaratory relief since they would no
longer have an effect on him since he was not housed at WCDF.
Therefore, Defendant asked the court to dismiss the requests
for injunctive and declaratory relief for lack of
jurisdiction. (ECF Nos. 40, 40-1, 40-2.)
November 4, 2019, Defendants requested an extension of the
scheduling order deadlines because they had propounded
discovery on Plaintiff and he had not responded, and a
scheduled deposition was cancelled due to Plaintiff's
unavailability, and Plaintiff had not kept the court informed
of his change of address since being released from WCDF. (ECF
Nos. 42, 42-1, 42-2.) The court granted the motion and
extended the discovery deadline to January 10, 2020, and the
dispositive motions deadline to February 10, 2020. (ECF No.
43.) The order was returned as undeliverable to Plaintiff.
(ECF No. 44.)
November 13, 2019, Defendant filed another motion to dismiss,
seeking dismissal of this action without prejudice based on
Plaintiff's failure to keep the court apprised of his
current address and letting this case languish. (ECF No. 45.)
has not filed a response to the motion.
November 27, 2019, Plaintiff filed a "motion of
discovery." (ECF No. 47.) He states that he sent letters
to the USPTO from the WCDF, and they were returned to him
with a statement that only legal mail could be sent out in
letter form and his letters were not legal mail. He filed his
lawsuit. He was advised he could proceed against Washoe
County, and filed a grievance and was denied. He states that
this was recorded in a jail kiosk on May 18, 2019. He also
mentions again that the jail took away his address book in
violation of his Fourteenth Amendment rights. He reiterates
his claim that this book had the contact information for
people who were going to help him patent and build his
invention. He states that he filed a grievance about this, on
May 14, 2019, and was told they could not do anything about
it. He also discusses settlement ...