Opinion
No. 74327
05-09-2018
SHANNON DEAN CARTER, Appellant, v. D. W. NEVEN, (H.D.S.P. WARDEN); BRIAN WILLIAMS, (H.D.S.P. WARDEN); JERRY HOWELL, (ASSOCIATE WARDEN); AND KNIGHT, (H.D.S.P. CASEWORKER), Respondents.
ORDER OF AFFIRMANCE
Shannon Dean Carter appeals from a district court order dismissing his civil rights complaint. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.
Defendant Paula Bennett does not appear to have been served and did not make an appearance in the district court; thus, she did not become a party to the case and she is not a proper party to this appeal. See Valley Bank of Nev. v. Ginsburg, 110 Nev. 440, 448, 874 P.2d 729, 735 (1994) (explaining that a person who is not served with process and does not make an appearance in the district court is not a party to that action). We therefore direct the clerk of the court to amend the caption of this case to conform to the caption on this order.
Carter filed a civil rights complaint against respondents alleging a denial of access to the courts. Respondents moved to dismiss for failure to state a claim, which was granted on the basis that Carter failed to show the loss of a non-frivolous or arguable underlying claim. This appeal followed.
On appeal, Carter provides no argument challenging the above-noted basis upon which the complaint was dismissed. Thus, he has waived any such argument. See Powell v. Liberty Mut. Fire Ins. Co., 127 Nev. 156, 161 n.3, 252 P.3d 668, 672 n.3 (2011) (stating that issues not raised in appellant's opening brief are waived). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Given the basis for this decision, we need not consider Carter's remaining appellate arguments. And to the extent Carter requests the appointment of counsel on appeal, that request is denied. See Rodriguez v. Eighth Judicial Dist. Court, 120 Nev. 798, 804, 102 P.3d 41, 45 (2004) (recognizing that the Sixth Amendment right to counsel applies only in criminal prosecutions). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Ronald J. Israel, District Judge
Shannon Dean Carter
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk