NSAC opposes Nick Diaz camp's motion for preliminary injunction

In the latest salvo between the Nevada State Athletic Commission and Nick Diaz, the Nevada attorney general's office, on behalf of the commission, has filed a document opposing a request for an injunction against the fighter's temporary suspension.

The document argues that Diaz can't take legal action until the commission makes a final ruling on his disciplinary complaint.

According to the commission, it has been held up by both the absence of evidence that the attorney general requested and the fighter's initial challenge of his failed drug test.

Using the complaint's allegations as a foundation, the opposition states the injunction shouldn't be imposed because Diaz is "not likely to succeed on the merits of his arguments." Further, it argues that Diaz, whose lawyer recently filed suit against the NSAC, hasn't proven the fighter's temporary suspension has caused the type of harm that requires court intervention.

"Mr. Diaz has failed to exhaust his administrative remedies," states the 20-page document. "In this matter, Mr. Diaz ignored the process and now has attempted to go into court and claim that he is being harmed."

An administrative hearing would determine what, if any, actions could be taken against the fighter for testing positive for marijuana metabolites following UFC 143, which took place Feb. 4 at Mandalay Bay Events Center in Las Vegas. Diaz lost an interim welterweight title fight to Carlos Condit.

The Diaz camp, however, claims the fighter's due-process rights were violated when a hearing wasn't held within 45 days of the temporary suspension – issued Feb. 22 – and they want it lifted by court order.

On May 14, a Nevada judge will determine whether the NSAC moves forward with administrative proceedings. Diaz could face a yearlong suspension and fines with a formal suspension, which would be his second in the state.

A response to the opposition document from the Diaz camp is expected shortly.

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