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69680 ROBERTS VS. HARKREADER

Date: Tuesday, September 19, 2017 10:30 AM
Duration: 00:30:00 hour(s)

Location: LAS VEGAS

Details/Synopsis: Appellant Thomas Roberts is an inmate who filed a pro se civil rights complaint against several prison officials. Respondents moved to dismiss the complaint under NRCP 12(b)(5) on the ground that it was barred by the statute of limitations. The district court denied the motion more than two years after it was filed. Respondents then moved to dismiss on the ground that Roberts failed to hold an early case conference, and the district court granted that motion and dismissed the case without prejudice.  Roberts appealed that order and was subsequently appointed pro bono counsel. He now argues that the district court erred by dismissing the action without first considering the effects of: (1) the court’s delay on ruling on the NRCP 12(b)(5) motion; and (2) respondents’ statement that they would not oppose a partial motion for summary judgment filed by Roberts until the district court had adjudicated their NRCP 12(b)(5) motion.