Case 3:24-cv-00174-MMD-CLB Document 17 Filed 09/05/24 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
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`ALFRED D. LUDDY,
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`v.
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`JAMES DZURENDA, et al.,
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`Case No. 3:24-cv-00174-MMD-CLB
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`ORDER
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`Plaintiff
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`Defendants
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`I.
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`DISCUSSION
`Pro se Plaintiff Alfred D. Luddy has an inmate early mediation conference on
`Tuesday, September 10, 2024. (ECF No. 6). Plaintiff filed a “notice” informing the Court
`that he granted limited power of attorney to inmate Dennis L. McCabe for “all legal matters
`involving U.S. District Court Case No. 3:24-cv-00174-MMD-CLB, to and including all
`mediation matters, and to act as my legal guardian of fact.” (ECF No. 15 at 4). In his
`“notice,” Plaintiff also requests that Deputy Attorney General Douglas Rand make
`arrangements
`to have Dennis McCabe present
`for all
`future hearings and
`communications. (Id. at 2).
`Plaintiff subsequently filed a motion requesting that Dennis McCabe be present
`during the mediation conference. (ECF No. 16). In his motion, Plaintiff first states that he
`requests McCabe’s presence so that McCabe can “act as his agent and assist Plaintiff in
`the mediation process.” (Id. at 1). Plaintiff then states that McCabe will not be acting as
`an attorney, but as an inmate assistant. (Id. at 1-2). In his motion, Plaintiff also states that
`he suffers from impaired vision and speech. (Id. at 1).
`Nevada’s Uniform Power of Attorney Act is codified in Nevada Revised Statute
`Chapter 162A and governs powers of attorney for financial matters and healthcare
`decisions. A “[p]ower of attorney” is “a writing or other record that grants authority to an
`agent to act in the place of the principal, whether or not the term ‘power of attorney’ is
`used.” Nev. Rev. Stat. § 162A.090. Under NRS § 162A.470, the “construction of authority
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`Case 3:24-cv-00174-MMD-CLB Document 17 Filed 09/05/24 Page 2 of 4
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`generally” provides that a power of attorney may authorize the principal’s agent to
`“[d]emand, receive and obtain, by litigation or otherwise, money or another thing of value
`to which the principal is, may become or claims to be entitled . . . .” Nev. Rev. Stat. §
`162A.470(1).
`However, it is unlawful for a person to practice law in Nevada unless that person
`is an “active member of the State Bar of Nevada or otherwise authorized to practice law
`in this state pursuant to the rules of the Supreme Court.” Nev. Rev. Stat. § 7.285(1)(a). It
`is well-established in both Nevada state courts and the federal courts that an individual
`may represent himself or herself in court but there is no rule or statue that permits a non-
`attorney to represent any other person in court. See Guerin v. Guerin, 993 P.2d 1256,
`1258 (Nev. 2000) (holding that “[a]lthough an individual is entitled to represent himself or
`herself in the district court, see SCR 44, no rule or statute permits a non-attorney to
`represent any other person, a company, a trust, or any other entity in the district courts
`or in this court”); 28 U.S.C. § 1654 (providing that pro se litigants have the right to plead
`and conduct their own cases personally); Cato v. United States, 70 F.3d 1103, 1105 n.1
`(9th Cir. 1995) (noting that “a non-attorney may appear only in her own behalf”).
`In Eby v. Johnston L. Off., P.C., 518 P.3d 517 (Nev. App. 2022), the Nevada Court
`of Appeals directly addressed an inmate’s argument that Nevada’s power of attorney laws
`permitted “a nonlawyer agent with a valid power of attorney concerning claims and
`litigation to essentially step into the shoes of the principal and litigate an action as if the
`principal were proceeding in pro se, or that it simply authorizes such an agent to engage
`in the practice of law on the principal’s behalf.” Id. at 523. The Nevada Court of Appeals
`rejected that argument and held “a nonlawyer agent under a power of attorney is not
`entitled to appear in pro se in place of the principal or engage in the practice of law on
`the principal’s behalf.” Id. at 526. Instead, the Nevada Court of Appeals explained that the
`power of attorney is “better understood as allowing a principal to grant an agent the
`authority over claims and litigation the principal would have as a client in an attorney-
`client relationship.” Id. (emphasis added).
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`Case 3:24-cv-00174-MMD-CLB Document 17 Filed 09/05/24 Page 3 of 4
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`In this case, inmate Dennis McCabe is not an active member of the State Bar of
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`Nevada and is not authorized to practice law in Nevada. McCabe cannot act as Plaintiff’s
`attorney in this case. Thus, to the extent that Plaintiff’s “notice” is telling the Court that
`McCabe is Plaintiff’s attorney or that McCabe is stepping into Plaintiff’s shoes as the pro
`se litigant, the notice is denied. Plaintiff must represent himself in this case and must show
`up to any mediations and hearings ordered by the Court in this case. If Plaintiff does not
`appear at the court-ordered mediations or hearings, Plaintiff’s case may be subject to
`dismissal.
`As for Plaintiff’s motion to have McCabe present at the mediation conference, the
`Court grants Plaintiff’s motion in part. To the extent that the motion requests that McCabe
`be allowed to participate as Plaintiff’s “agent,” it is denied. McCabe is not authorized to
`make any decisions or act on Plaintiff’s behalf. Plaintiff must make all the decisions
`regarding this case himself or else procure an attorney to represent him. However, to the
`extent that Plaintiff is requesting McCabe’s presence to help him understand the
`mediation conference and assist Plaintiff with his vision and speech impairments, the
`Court will grant the motion. The Court notes that this decision is limited to the upcoming
`mediation only and made in the interest of giving the parties the best chance at coming
`to an agreement. Plaintiff should not construe this as a general order regarding McCabe’s
`presence at any other hearings or his ongoing participation in this case.
`II.
`CONCLUSION
`It is therefore ordered that Plaintiff will appear and represent himself at any court-
`ordered mediations or hearings because a non-lawyer cannot represent Plaintiff in this
`case.
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`It is further ordered that, if Plaintiff does not appear at the court-ordered mediations
`or hearings, this action may be subject to dismissal without prejudice.
`It is further ordered that inmate Dennis McCabe will be permitted to attend the
`mediation conference to assist Plaintiff, but the Court reiterates that he may not serve as
`Plaintiff’s counsel or agent, and he may not advocate for Plaintiff at the hearing.
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`Case 3:24-cv-00174-MMD-CLB Document 17 Filed 09/05/24 Page 4 of 4
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`It is further ordered that, in the interest of a productive mediation conference, the
`Defendants shall make reasonable efforts to allow McCabe to attend the mediation
`conference to assist Plaintiff.
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`DATED THIS ___ day of September 2024.
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`UNITED STATES MAGISTRATE JUDGE
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`5th
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