3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 JUSTIN ODELL LANGFORD, Case No. 3:19-cv-00594-MMD-WGC
7 Petitioner, ORDER v. 8
9 WARDEN RENEE BAKER, et al.,
10 Respondents.
11 12 I. SUMMARY 13 Petitioner Justin Odell Langford, a pro se Nevada prisoner housed at the Lovelock 14 Correctional Center (“LCC”), has filed a petition for writ of habeas corpus (ECF No. 5) 15 pursuant to 28 U.S.C. § 2254. Currently before the Court are Langford’s motion to 16 reconsider (ECF No. 7), motion to extend time (ECF No. 8), motion for emergency 17 injunction (ECF No. 9), motion for protective order (ECF No. 10), and notice of proposed 18 subpoena (ECF No. 12). For the reasons discussed below, the motions are denied, and 19 the Clerk of Court is instructed to strike the notice of proposed subpoena from the docket. 20 II. BACKGROUND 21 Langford’s petition challenges a conviction and sentence imposed by the Eighth 22 Judicial District Court for Clark County. A jury found him of guilty of lewdness with a child 23 under the age of 14 and he was sentenced to 10 years to life imprisonment. On October 24 22, 2019, the Court screened the petition, directed service to Nevada Attorney General as 25 counsel for Respondents, and set a briefing schedule. (ECF No. 4.) The order states that 26 Respondents will have 60 days to answer or otherwise respond to the petition. If they file 27 an answer, Langford will have 60 days to file a reply. However, if Respondents file a motion 28 to dismiss instead of an answer, the parties will brief the motion in accordance with LR 7- 2 appointment of counsel, finding as follows: 3 Although Langford is serving a lengthy sentence, the state court docket and Langford’s petition indicate that the issues in this case are not particularly 4 complex. Langford has demonstrated sufficient ability to write and articulate his claims and requests in the petition, accompanying motions, and 5 memorandum. Moreover, a review of Langford’s filings indicate he is sufficiently able to comprehend the “complex” issues raised by his habeas 6 claims. Langford has not shown that denial of counsel would violate due process. 7 (Id. at 3.) 8 III. DISCUSSION 9 A. Motion to Reconsider Denial of Motion to Appoint Counsel (ECF No. 7) 10 A district court “possesses the inherent procedural power to reconsider, rescind, or 11 modify” an order for sufficient cause. City of Los Angeles v. Santa Monica Baykeeper, 254 12 F.3d 882, 888 (9th Cir. 2001) (citation omitted). However, reconsideration is “an 13 extraordinary remedy, to be used sparingly and in the interest of finality and conservation 14 of judicial resources.” Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th 15 Cir. 2000) (citation omitted). A motion for reconsideration “should not be granted, absent 16 highly unusual circumstances,” unless: (i) the movant presents the court newly discovered 17 evidence; (ii) the court committed clear error, or the initial decision was manifestly unjust; 18 or (iii) there is an intervening change in controlling law. Nunes v. Ashcroft, 375 F.3d 805, 19 807–08 (9th Cir. 2004). 20 Langford’s motion to reconsider merely repeats most of the same arguments he 21 presented in the first motion. However, he now asserts that counsel should be appointed 22 because another inmate is assisting him with preparing filings. (ECF No. 7 at 3.) Upon 23 review of Langford’s litigation history in the District of Nevada, it is apparent that he has 24 no difficulty accessing the courts to litigate his claims. Since 2016, Langford has 25 commenced 15 civil rights cases in this district.1 Nothing in Langford’s renewed request 26 1Langford v. Dzurenda, 3:19-cv-0001-MMD-CLB; Langford v. Dzurenda, 3:19-cv- 27 0009-RCJ-WGC; Langford v. Dzurenda, 3:19-cv-0010-RCJ-WGC; Langford v. Dzurenda, 28 3:19-cv-0014-RCJ-CLB; Langford v. Dzurenda, 3:19-cv-0155-MMD-WGC; Langford v. 2 set forth in the prior order. Langford’s motion to reconsider is denied. 3 B. Motion to Extend Time (ECF No. 8) 4 This motion asks this Court for an additional 90 days on top of the 60 days stated 5 in the scheduling order to file his reply in support of the petition because of issues with his 6 access to the law library. (ECF No. 8.) Langford’s motion is premature. Respondents have 7 yet to respond to the petition and may elect to file a motion to dismiss. Briefing of any 8 motion will be governed by LR 7-2 and 7-3 of the Local Rules of Practice. The motion is 9 denied without prejudice. 10 C. Motions for Injunction and Protective Order (ECF Nos. 9–10) 11 These motions allege that the LCC law library supervisor is threatening Langford 12 as a result of two civil rights complaints he filed against her. (ECF No. 9 at 1.) He asks the 13 Court to enter an order temporarily increasing his checkout limit at the LCC law library to 14 30 items. (ECF No. 9 at 4.) He further requests a protective order (i) stopping LCC and 15 the Nevada Department of Corrections from moving him in retaliation due to his many 16 lawsuits against them and (ii) ordering the LCC law library supervisor to leave him alone 17 and have other staff deal with him. (Id. at 3–4.) 18 Langford requests relief in excess of this Court’s habeas jurisdiction. Federal courts 19 are courts of limited jurisdiction. Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 20 546, 552 (2005). A state prisoner is entitled to federal habeas relief only if he is being held 21 in custody in violation of the constitution, laws, or treaties of the United States. 28 U.S.C. 22 § 2254(a). The remedy for unlawful detention is release, a new trial, or resentencing. E.g., 23
McNeill, 3:19-cv-0175-MMD-WGC (dismissed for failure to state a colorable claim); 24 Langford v. Grierson, 3:19-cv-0193-MMD-CLB (dismissed for failure to state a colorable 25 claim); Langford v. Bequette, 3:19-cv-0272-MMD-WGC; Langford v. Soc. Sec. Admin., 3:19-cv-0324-MMD-WGC (removed to federal court from the Eighth Judicial District 26 Court); Langford v. Cobb, 3:19-cv-0326-MMD-CLB (dismissed for failure to state a colorable claim); Langford v. Potter, 3:19-cv-0354-MMD-WGC; Langford v. Egerton, 3:19- 27 cv-0547-MMD-WGC; Langford v. NaphCare Inc., 2:18-cv-1339-RFB-VCF; Langford v. Nev. Sup. Ct., 2:17-cv-2736-JAD-NJK (dismissed as improperly commenced); Langford 28 v. Colton, 2:16-cv-1581-JAD-CWH (dismissed for failure to resolve filing fee). 2 v. Cook, 340 U.S. 206, 210 (1951). Preliminary injunctive relief is only appropriate in cases 3 where “the intermediate relief [is] of the same character as that which may be granted 4 finally.” De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945). The Court 5 cannot issue an injunction that “deals with a matter lying wholly outside the issues in the 6 suit.” Id. 7 Langford’s motions present no legal basis to support the relief he seeks. He may 8 be able to file a grievance with prison officials addressing those concerns; however, the 9 Court’s habeas jurisdiction in this case only extends to Plaintiff’s claims under 28 U.S.C. 10 § 2254. The motions are therefore denied. 11 D. Proposed Subpoena (ECF No. 12) 12 “A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to 13 discovery as a matter of ordinary course.” Bracy v.
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 JUSTIN ODELL LANGFORD, Case No. 3:19-cv-00594-MMD-WGC
7 Petitioner, ORDER v. 8
9 WARDEN RENEE BAKER, et al.,
10 Respondents.
11 12 I. SUMMARY 13 Petitioner Justin Odell Langford, a pro se Nevada prisoner housed at the Lovelock 14 Correctional Center (“LCC”), has filed a petition for writ of habeas corpus (ECF No. 5) 15 pursuant to 28 U.S.C. § 2254. Currently before the Court are Langford’s motion to 16 reconsider (ECF No. 7), motion to extend time (ECF No. 8), motion for emergency 17 injunction (ECF No. 9), motion for protective order (ECF No. 10), and notice of proposed 18 subpoena (ECF No. 12). For the reasons discussed below, the motions are denied, and 19 the Clerk of Court is instructed to strike the notice of proposed subpoena from the docket. 20 II. BACKGROUND 21 Langford’s petition challenges a conviction and sentence imposed by the Eighth 22 Judicial District Court for Clark County. A jury found him of guilty of lewdness with a child 23 under the age of 14 and he was sentenced to 10 years to life imprisonment. On October 24 22, 2019, the Court screened the petition, directed service to Nevada Attorney General as 25 counsel for Respondents, and set a briefing schedule. (ECF No. 4.) The order states that 26 Respondents will have 60 days to answer or otherwise respond to the petition. If they file 27 an answer, Langford will have 60 days to file a reply. However, if Respondents file a motion 28 to dismiss instead of an answer, the parties will brief the motion in accordance with LR 7- 2 appointment of counsel, finding as follows: 3 Although Langford is serving a lengthy sentence, the state court docket and Langford’s petition indicate that the issues in this case are not particularly 4 complex. Langford has demonstrated sufficient ability to write and articulate his claims and requests in the petition, accompanying motions, and 5 memorandum. Moreover, a review of Langford’s filings indicate he is sufficiently able to comprehend the “complex” issues raised by his habeas 6 claims. Langford has not shown that denial of counsel would violate due process. 7 (Id. at 3.) 8 III. DISCUSSION 9 A. Motion to Reconsider Denial of Motion to Appoint Counsel (ECF No. 7) 10 A district court “possesses the inherent procedural power to reconsider, rescind, or 11 modify” an order for sufficient cause. City of Los Angeles v. Santa Monica Baykeeper, 254 12 F.3d 882, 888 (9th Cir. 2001) (citation omitted). However, reconsideration is “an 13 extraordinary remedy, to be used sparingly and in the interest of finality and conservation 14 of judicial resources.” Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th 15 Cir. 2000) (citation omitted). A motion for reconsideration “should not be granted, absent 16 highly unusual circumstances,” unless: (i) the movant presents the court newly discovered 17 evidence; (ii) the court committed clear error, or the initial decision was manifestly unjust; 18 or (iii) there is an intervening change in controlling law. Nunes v. Ashcroft, 375 F.3d 805, 19 807–08 (9th Cir. 2004). 20 Langford’s motion to reconsider merely repeats most of the same arguments he 21 presented in the first motion. However, he now asserts that counsel should be appointed 22 because another inmate is assisting him with preparing filings. (ECF No. 7 at 3.) Upon 23 review of Langford’s litigation history in the District of Nevada, it is apparent that he has 24 no difficulty accessing the courts to litigate his claims. Since 2016, Langford has 25 commenced 15 civil rights cases in this district.1 Nothing in Langford’s renewed request 26 1Langford v. Dzurenda, 3:19-cv-0001-MMD-CLB; Langford v. Dzurenda, 3:19-cv- 27 0009-RCJ-WGC; Langford v. Dzurenda, 3:19-cv-0010-RCJ-WGC; Langford v. Dzurenda, 28 3:19-cv-0014-RCJ-CLB; Langford v. Dzurenda, 3:19-cv-0155-MMD-WGC; Langford v. 2 set forth in the prior order. Langford’s motion to reconsider is denied. 3 B. Motion to Extend Time (ECF No. 8) 4 This motion asks this Court for an additional 90 days on top of the 60 days stated 5 in the scheduling order to file his reply in support of the petition because of issues with his 6 access to the law library. (ECF No. 8.) Langford’s motion is premature. Respondents have 7 yet to respond to the petition and may elect to file a motion to dismiss. Briefing of any 8 motion will be governed by LR 7-2 and 7-3 of the Local Rules of Practice. The motion is 9 denied without prejudice. 10 C. Motions for Injunction and Protective Order (ECF Nos. 9–10) 11 These motions allege that the LCC law library supervisor is threatening Langford 12 as a result of two civil rights complaints he filed against her. (ECF No. 9 at 1.) He asks the 13 Court to enter an order temporarily increasing his checkout limit at the LCC law library to 14 30 items. (ECF No. 9 at 4.) He further requests a protective order (i) stopping LCC and 15 the Nevada Department of Corrections from moving him in retaliation due to his many 16 lawsuits against them and (ii) ordering the LCC law library supervisor to leave him alone 17 and have other staff deal with him. (Id. at 3–4.) 18 Langford requests relief in excess of this Court’s habeas jurisdiction. Federal courts 19 are courts of limited jurisdiction. Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 20 546, 552 (2005). A state prisoner is entitled to federal habeas relief only if he is being held 21 in custody in violation of the constitution, laws, or treaties of the United States. 28 U.S.C. 22 § 2254(a). The remedy for unlawful detention is release, a new trial, or resentencing. E.g., 23
McNeill, 3:19-cv-0175-MMD-WGC (dismissed for failure to state a colorable claim); 24 Langford v. Grierson, 3:19-cv-0193-MMD-CLB (dismissed for failure to state a colorable 25 claim); Langford v. Bequette, 3:19-cv-0272-MMD-WGC; Langford v. Soc. Sec. Admin., 3:19-cv-0324-MMD-WGC (removed to federal court from the Eighth Judicial District 26 Court); Langford v. Cobb, 3:19-cv-0326-MMD-CLB (dismissed for failure to state a colorable claim); Langford v. Potter, 3:19-cv-0354-MMD-WGC; Langford v. Egerton, 3:19- 27 cv-0547-MMD-WGC; Langford v. NaphCare Inc., 2:18-cv-1339-RFB-VCF; Langford v. Nev. Sup. Ct., 2:17-cv-2736-JAD-NJK (dismissed as improperly commenced); Langford 28 v. Colton, 2:16-cv-1581-JAD-CWH (dismissed for failure to resolve filing fee). 2 v. Cook, 340 U.S. 206, 210 (1951). Preliminary injunctive relief is only appropriate in cases 3 where “the intermediate relief [is] of the same character as that which may be granted 4 finally.” De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945). The Court 5 cannot issue an injunction that “deals with a matter lying wholly outside the issues in the 6 suit.” Id. 7 Langford’s motions present no legal basis to support the relief he seeks. He may 8 be able to file a grievance with prison officials addressing those concerns; however, the 9 Court’s habeas jurisdiction in this case only extends to Plaintiff’s claims under 28 U.S.C. 10 § 2254. The motions are therefore denied. 11 D. Proposed Subpoena (ECF No. 12) 12 “A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to 13 discovery as a matter of ordinary course.” Bracy v. Gramley, 520 U.S. 899, 904 (1997); 14 Earp v. Davis, 881 F.3d 1135, 1142 (9th Cir. 2018). A court’s review of a § 2254 petition 15 is generally limited to the record that was before the state courts. Cullen v. Pinholster, 563 16 U.S. 170, 181–82 (2011). However, Rule 6(a) of the Rules Governing Section 2254 Cases 17 provides that “[a] judge may, for good cause, authorize a party to conduct discovery under 18 the Federal Rules of Civil Procedure and may limit the extent of discovery.” 19 Langford has submitted a notice of proposed subpoena to the Court. (ECF No. 12). 20 This proposed subpoena is premature and unauthorized. In the screening order, the Court 21 noted that it could not determine at this juncture whether circumstances exist in this case 22 that would justify a grant of discovery. (ECF No. 4 at 3.) Langford may not seek discovery 23 without leave of the Court. Accordingly, the Clerk of Court is instructed to strike the notice 24 of proposed subpoena from the docket. 25 IV. CONCLUSION 26 Accordingly. it is therefore ordered that Petitioner Justin Odell Langford’s motion to 27 reconsider (ECF No. 7), motion to extend time (ECF No. 8), motion for emergency 28 injunction (ECF No. 9), and motion for protective order (ECF No. 10) are denied. 1 It is further ordered that the Clerk of Court will strike the Notice of Proposed 2 || Subpoena (ECF No. 12) from the docket. 3 DATED THIS 17" day of January 2020.
5 / ~ MIRANDA M. DU 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28