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By: Jamie Penick, MMATorch Editor-in-Chief
A Nevada judge denied Nick Diaz's request for an injunction of his temporary suspension by the Nevada State Athletic Commission on Monday, leaving his suspension in place at least through a May 21 disciplinary hearing with the NSAC.
Diaz filed suit late last month following the NSAC's decision not to hold his disciplinary hearing at their April 24 meeting. Diaz's lawyer, Ross Goodman, argued that Diaz's due process rights had been violated, and that the NSAC had no right to keep him under indefinite suspension without a disciplinary hearing.
While Judge Rob Bare commended Goodman's presentation of their complaint, and agreed with issues surrounding the time it has taken with no hearing on the disciplinary complaint, he ultimately denied the request for injunction. According to MMA Fight Corner on Twitter, who was in attendance in the courtroom on Monday, the judge suggested that the NSAC and fighters must put in writing any requests to extend the timetable for a hearing beyond 45 days from a temporary suspension.
With the denial of the injunction, Bare stated that Diaz's disciplinary hearing should be held on the 21st of this month. That means Diaz's attempt to get his suspension either reduced or dropped based on their arguments regarding marijuana metabolites and out of competition use will finally be heard.
Penick's Analysis: It now comes back to the merits of Diaz's case and whether the NSAC is at all willing to look at the statutes they have in place and reconsider whether being positive for marijuana metabolites - inactive for the psychoactive components of the drug - constitute an actual positive drug test. Diaz and Goodman have maintained their argument for some time, and will surely give a compelling presentation to the commission, but ultimately it will fall on the commissioners themselves to make a ruling, and that won't necessarily bode well for Diaz. The circus picks up again next week.
[Nick Diaz art by Grant Gould (c) MMATorch.com]
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Jamie Penick, editor-in-chief
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