WELCH v. CLARK COUNTY SHERIFF (2020)

ORDER OF AFFIRMANCE

Kentrell Dumurie Welch appeals from a district court order dismissing a civil rights complaint. Eighth Judicial District Court, Clark County; Mark B. Bailus, Judge.

Welch filed a civil rights complaint against the Clark County Sheriff related to allegations that the Clark County Detention Center failed to transfer his property or release it to his family when he was transferred to High Desert State Prison, resulting in a loss of that property. The Sheriff filed a motion to dismiss arguing that the action was barred by the statute of limitations, that the action was barred by claim preclusion, that the court lacked jurisdiction because Welch did not allege sufficient damages to meet the jurisdictional minimum, and that the Sheriff could not be held liable for incidents in which he was not personally involved. Welch did not file a timely opposition. The district court granted dismissal based on the arguments in the motion to dismiss, as well as based on EDCR 2.20(e)’s provision that a failure to file a timely opposition may be treated as a consent to granting the motion. This appeal followed.

On appeal, Welch fails to make any argument challenging the bases upon which the district court granted dismissal. He has therefore waived any such challenges. See Powell v. Liberty Mut. Fire Ins. Co., 127 Nev. 156, 161 n.3, 252 P.3d 668, 672 n.3 (2011) (stating that issues not raised in appellant’s opening brief are waived). Under these circumstances, we necessarily

ORDER the judgment of the district court AFFIRMED.