Ward v. State of Nev. ( 2013 )

 injury statute of limitations applies to a 42 U.S.C. § 1983 action if the
state has specific statutes of limitations for enumerated intentional torts
and a residual statute of limitations for other personal injury actions).
Although he did not file the instant action until 2012, appellant contends
that the complaint was timely insofar as it related back to a writ petition
that he filed in December 2007 as to the same allegations underlying the
complaint. NRCP 15(c) permits an amended pleading to relate back to an
earlier pleading within the same case, but does not allow for relation back
to a pleading in a different action. Thus, we conclude that the district
court correctly dismissed appellant's complaint as untimely, and we
ORDER the ju of the district court AFFIRMED. 2
ibbons
- c=t-to /43
2 , J.
Douglas
t Saitta
2 In
light of this conclusion, we need not address the district court's
additional finding that the State of Nevada and the Nevada Department of
Corrections were not proper defendants insofar as appellant's complaint
was brought pursuant to 42 U.S.C. § 1983.
On May 3, 2013, appellant filed a motion, which appears to ask this
court to serve a new complaint on certain parties. To the extent that
appellant seeks to file a new complaint, the district court, rather than this
court, is the proper venue for filing a new action. See Nev. Const. art. 6, §
4 (explaining that this court has appellate jurisdiction over civil cases
arising in the district court); Nev. Const. art. 6, § 6 (providing that the
district courts "have original jurisdiction in all cases excluded by law from
the original jurisdiction of the justices' courts"). Accordingly, we deny
appellant's May 3 motion. We also deny as moot appellant's June 24,
2013, motion for leave to file for additional relief requested in the district
court, for appointment of counsel, and for leave to appear before this court.
SUPREME COURT
OF
NEVADA
2
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ff.174149.,:).. -AA,,1,51AAVAC.ISC,1r.,U, rA11,-1 ,41111CAVAATATIAP FAA MiT441111
cc: Hon. James Todd Russell, District Judge
Frederick Louis Ward
Attorney General/Carson City
Carson City Clerk
SUPREME COURT
OF
NEVADA
3
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