A federal judge on Friday denied a request from a UNLV football player for a temporary restraining order preventing the NCAA from declaring him ineligible.
While Chief U.S. District Judge Andrew Gordon said it would be up to UNLV to decide whether to risk allowing defensive lineman Cohen Fuller to play, his ruling makes doing so essentially impossible because it would risk a forfeit.
“Mr. Fuller, I’m sorry,” said Gordon at the end of the hearing on Fuller’s motion. “Best wishes. I hope things work out.”
Just a few weeks ago, it looked like the season might be safe for Fuller, who sued the NCAA in June after the association said he had exhausted his eligibility.
Denver U.S. District Judge Charlotte Sweeney ruled July 31 that players who graduated from high school in 2022 and ran out of playing time under NCAA eligibility rules could compete in a fifth season. Before the ruling, the NCAA had approved new eligibility rules that allow five seasons of competition over a five-year period that were not set to be in place until next fall.
Shortly after, Gordon said Fuller would be able to play because of Sweeney’s decision.
But a federal appeals court paused that injunction, creating uncertainty before UNLV’s season opener Saturday against the University of Memphis.
Fuller has also played for Coastal Carolina, El Camino College (California) and Graceland University (Iowa).
Geoffrey Tabor and attorney Tim O’Reilly, a UNLV Football Foundation board member and former football player himself, filed Fuller’s challenge based in part on the fact that Fuller had spent a season at the junior college level and another at the National Association of Intercollegiate Athletics level.
Fuller did not comment on the Friday decision, but he is “extremely disappointed, as anyone would (be),” said Tabor after court. “And certainly, he wants to play, his teammates want him to play, his coaches want him to play.”
NCAA attorney Ben Kappelman declined to comment. UNLV football spokesperson Mark Wallington did not immediately respond to requests for comment.
Fuller may still have hope.
Gordon said he was willing to hold an evidentiary hearing and potentially change his mind. He also said Fuller could challenge his decision in the appellate court.
“It’s a very, very hard day for him,” said Tabor. “But it’s not over and so we will see what our next steps are.”
This is a developing story. Check back for updates.
Contact Noble Brigham at nbrigham@reviewjournal.com.
