Opinion
No. 64722
05-29-2015
RONALD ALEX STEVENSON, Appellant, v. JAMES G. COX; ROBERT LEGRAND; QUENTIN BYRNE; VALAREE OLIVAS; DAVID CARPENTER; MATHEW STEVENS; AND OFFICER SANTOS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 pro se appeal from a district court order granting a motion to dismiss in a civil rights action. Sixth Judicial District Court, Pershing County; Richard Wagner, Judge.
Having considered appellant's appeal statement and the record on appeal, we conclude that the district court was within its discretion in dismissing appellant's complaint for failure to hold the NRCP 16.1 case conference. See Arnold v. Kip, 123 Nev. 410, 414, 168 P.3d 1050, 1052 (2007) (reviewing a district court's decision to grant a motion to dismiss under NRCP 16.1(e) for an abuse of discretion). In particular, if the case conference is not held within 180 days of a defendant's appearance, "compelling and extraordinary circumstances" must exist in order for the district court to permit the case conference to be held beyond 180 days. NRCP 16.1(b)(1), (e)(1). We recognize appellant's arguments that he filed discovery-related motions and that it would have been difficult for him to schedule the conference. It is undisputed, however, that he made no effort to communicate with respondents in an attempt to schedule the conference or in an attempt to encourage respondents' counsel to arrange for the conference. See NRCP 16.1(g) (specifying that pro se plaintiffs are not excused from holding a case conference). Given these undisputed facts, the district court was within its discretion when it found that compelling and extraordinary circumstances did not exist to justify an extension of NRCP 16.1(e)'s 180-day time frame. We therefore
Because these facts were undisputed, they were not "contentions" needing the support of an affidavit under DCR 13(6).
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Jim C. Shirley, District Judge
Ronald Alex Stevenson
Attorney General/Carson City
Pershing County Clerk