Willing v. Fed Judge (RFB) ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 NICHOLAS JAMES WILLING, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-00857-GMN-MDC 5 vs. ) ) ORDER DENYING MOTIONS 6 FED JUDGE (RFB), et al., ) 7 ) Defendants. ) 8 ) 9 10 Plaintiff’s Complaint, (ECF No. 1-1), was dismissed with prejudice and the Clerk was 11 directed to close this case. (Order, ECF No. 22). Since then, Plaintiff has filed five new 12 motions, (ECF Nos. 23–27). Even liberally construing these new motions as Rule 60(b) 13 motions, Plaintiff provides no legal support for his argument which has been denied in many 14 similar suits brought in this district. Plaintiff was convicted in Nye County and makes the 15 general argument that Senate Bill 182 is unconstitutional because in 1951, three Nevada 16 Justices sat on the commission to revise the Nevada Revised Statutes and were thus improperly 17 delegated legislative powers. Even if SB 182 created a committee in 1951 that grouped laws of 18 similar subject matter together in a logical order, this does not render the Nevada Revised 19 Statutes unconstitutional, nor would it vacate Plaintiff’s conviction. See Taylor v. State, 472 20 P.3d 195 (Nev. 2020) (table). As many other state and federal courts presented with the same 21 argument have all found, the Legislative Counsel Bureau—which succeeded the statute revision 22 commission—does not itself exercise a legislative function. See, e.g., Taylor, 472 P.3d 195; 23 Wilson v. Nevada, No. 2:22-cv-00978, 2022 WL 7553743, at *3 (D. Nev. Oct 13, 2022); Beard 24 v. Nevada, No. 2:22-CV-01156, 2022 WL 17253788, at *2 (D. Nev. Nov. 23, 2022). 25 Accordingly, there was no improper delegation of legislative authority. 1 IT IS THEREFORE ORDERED that Plaintiff's Motions for Preliminary Injunction, 2 || (ECF Nos. 26, 27), Motion for Temporary Restraining Order, (ECF No. 25), Motion for 3 || Pleading Special Matters, (ECF No. 24), and Motion to Strike, (ECF No. 23) are DENIED with 4 prejudice. This Case will remain CLOSED. 5 6 DATED this 29 — day of August, 2024. : Y, Mh 9 cra . Navarro, District Judge United/States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2