Cox v. State of Nev. ( 2014 )

 ORDER OF AFFIRMANCE
These are unconsolidated proper person appeals challenging
district court orders dismissing two separate complaints. Seventh Judicial
District Court, White Pine County; Steve L. Dobrescu, Judge and Gary
Fairman, Judge.
These appeals arise from district court actions filed in the
Seventh Judicial District Court by appellant Michael Steve Cox, an
inmate. Cox had previously been declared a vexatious litigant by that
court, and, thus, the court had imposed a series of requirements that he
had to comply with before he could pursue a new civil action in that court.
See Jordan v. State ex rel. Dep't of Motor Vehicles & Public Safety, 121
Nev. 40, 59, 110 P.3d 30, 41-42 (2005) (holding that a district court may
impose court access restrictions on parties that are deemed to be vexatious
litigants), abrogated on other grounds by Buzz Stew, LLC v. City of N. Las
Vegas, 124 Nev. 224, 228 n.6, 181 P.3d 670, 672 n.6 (2008). In both
underlying cases, following the submission of his complaints, the district
court reminded Cox that he was required to follow the vexatious litigant
procedures and entered orders that gave him 30 days to do so.
While Cox did submit affidavits in support of his complaints,
those affidavits did not provide all of the information required by the
vexatious litigant order. Specifically, Cox's affidavits stated that his
complaints were not frivolous and that he had not previously filed suit on
those claims in the Seventh Judicial District Court, but the affidavits did
not respond to other requirements set forth in the vexatious litigant order
by identifying whether the claims had been raised in other courts, and if
so, providing the case number and court, stating whether he had been
deemed a vexatious litigant in any other jurisdictions, and stating
SUPREME COURT
OF
NEVADA
2
(0) 1947A e79
whether he was under imminent danger of serious physical harm
Because Cox failed to comply with all of the requirements of the vexatious
litigant order, his complaints were subsequently dismissed by the district
court and these appeals followed.
In his proper person appeal statements for these cases, Cox
largely restates the arguments from his underlying complaints and fails to
address the vexatious litigant order, the propriety of the district court's
order directing him to submit the information required by the vexatious
litigant order, or his compliance with that order or the district court's
directive. While Cox does argue, for the first time on appeal in the appeal
statement pending in Docket No. 63583, that he is in danger of harm, that
assertion was never presented to the district court. Old Aztec Mine, Inc. v.
Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (holding that a point not
urged in the district court is generally deemed to have been waived).
Under these circumstances, we find no impropriety in the district court's
dismissal of Cox's claims for failure to comply with the requirements set
forth in the vexatious litigant order. See Jordan, 121 Nev. at 59, 110 P.3d
at 41-42. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
Hardesty
Douglas
7dis
SUPREME COURT
OF
NEVADA
3
(0) I947A «tea
cc: Hon. Steve L. Dobrescu, District Judge
Hon. Gary Fairman, District Judge
Michael Steve Cox
Attorney General/Carson City
White Pine County Clerk
SUPREME COURT
OF
NEVADA
4
(0) 1947A