Almy v. Davis et al
| Kevin Almy |
| J. Button, D. Davis, Fancher, B. Halling, Don Helling, Henley, Keener, Keith Kennedy, Robert LeGrand, Lindberg, Dr. Marr, Catherine Cortez Masto, W. Mattice, V. Meza, T. Nelson, Nevada Department Of Corrections, Smith, Greg Smith, Tackett, Tonya Thomas, Vidaurri, M. Ward and Tracey Ward |
| 2:2012cv00129 |
| January 25, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| James C. Mahan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
549
ORDER granting 543 Motion for Summary Judgment. Signed by Judge Richard F. Boulware, II on 9/9/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
530
ORDERED that a hearing is scheduled for 11:00 AM, August 27, 2019, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 7/26/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
523
ORDER granting ECF No. 522 Defendants' Motion to Appear Telephonically at the Pretrial Conference scheduled for September 26, 2018. The call-in telephone number is (888)273-3658, access code: 3912597. The call must be mad e five minutes prior to the hearing time. The court will join the call and convene the proceedings. The call must be made on a land line. The use of a cell phone or speaker phone during the proceedings is prohibited. Signed by Magistrate Judge Cam Ferenbach on 9/13/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
518
ORDER scheduling a Pretrial Conference for 9/26/2018 at 10:00 A.M. in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. If the parties would like to appear by telephone, a motion seeking telephonic appearance must be filed by 09/12/2018. Signed by Magistrate Judge Cam Ferenbach on 8/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
513
ORDER that ECF No. 512 Plaintiff's motion to waive early mediation conference is DENIED without prejudice. Signed by Judge Howard D. McKibben on 6/7/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
506
ORDER that Plaintiff's 504 Motion to Amend 9 Screening Order is Denied without prejudice. Signed by Judge Howard D. McKibben on 11/18/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
497
ORDER denying 496 Motion for District Judge to Reconsider 492 Order on Motion, Order on Motion to Expedite. Signed by Judge Howard D. McKibben on 4/15/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
495
ORDER Denying Plaintiff's 493 Motion for an Extension of Time to File a Reply. The Court's 492 Order is Reconfirmed. Signed by Judge Howard D. McKibben on 4/10/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
492
ORDER finding as moot 475 Motion to Enforce Court Order and 485 Motion to Expedite. Signed by Judge Howard D. McKibben on 3/26/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
491
ORDER Granting Plaintiff's 484 Motion to Extend Time to File Bill of Costs. Deadline: 4/16/2015. Signed by Judge Howard D. McKibben on 3/17/2015. (Copies have been distributed pursuant to the NEF - Order and Bill of Cost form mailed to Plaintiff - SLD)
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Filing
477
ORDER that Plaintiff is directed to file motions intended for, and within the jurisdiction of, the Ninth Circuit Court of Appeals only with the Court of Appeals and not with this court. The clerk of the court is directed to decline to file any pleading filed by the plaintiff which is captioned for the United States Court of Appeals for the Ninth Circuit. Signed by Judge Howard D. McKibben on 1/30/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
472
ORDER denying 462 Motion for Trial Transcripts for Appeal at government expense. Signed by Judge Howard D. McKibben on 1/29/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
463
ORDER re 462 MOTION for Leave to File Trial Transcripts. Responses due by 1/9/2015. Signed by Judge Howard D. McKibben on 12/23/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
438
MINUTES OF PROCEEDINGS - Jury Trial (Day One) held on 12/8/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Pro Se Plaintiff: Kevin Almy ; Defendants' Counsel: Micheline Fairbank and Benjamin Johnson; Court Reporter: Margaret Griener; Time of Hearing: 8:38 AM to 12:00 PM; 12:55 PM to 4:21 PM; Courtroom: 4; See attached Minutes. IT IS ORDERED, Jury Trial (Day Two) is set for Tuesday, 12/9/2014 at 8:15 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR)
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Filing
427
ORDER that Plaintiff's 389 Objections to the testimony of Smith and Mattice are Denied. Signed by Judge Howard D. McKibben on 11/25/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
422
ORDER that the Defendants' 415 Motion to Strike is Denied as to the witnesses the Plaintiff intends to call at trial. Signed by Judge Howard D. McKibben on 11/24/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
410
ORDER that 408 Motion for Extension of Time. Defendants shall submit plaintiff's trial exhibits on or before Monday, December 1, 2014. Signed by Judge Howard D. McKibben on 11/20/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
406
ORDER Granting Plaintiff's 400 Motion for a Courtesy Copy of Docket Sheet. Signed by Judge Howard D. McKibben on 11/17/2014. (Copies have been distributed pursuant to the NEF - docket sheet mailed to Plaintiff - SLD)
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Filing
396
ORDER that 395 Motion for an Extension of Time to File the joint pretrial order is GRANTED. Defendants shall file the parties' proposed joint pretrial order on or before November 23, 2014. Signed by Judge Howard D. McKibben on 11/13/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
394
ORDER re 375 Amended Objection to 362 Order. The court finds that Plaintiff's Amended Objection is untimely and that the granting of the motion four weeks prior to the commencement of the trial is prejudicial to the defendants. This holding is without prejudice to the Plaintiff seeking such relief on his retaliation claims as may be legally permitted in a separate action. Signed by Judge Howard D. McKibben on 11/12/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
387
ORDER Granting Defendants' 385 Motion to Produce Plaintiff for Trial. The Office of the Attorney General shall arrange for the physical presence of Plantiff for trial commencing at 8:30 a.m. on 12/8/2014 at the U.S. District Court in Reno, NV. Signed by Judge Howard D. McKibben on 11/5/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
371
MINUTES OF PROCEEDINGS - Telephonic Pretrial Conference held on 9/29/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Pro Se Plaintiff: Kevin Almy; Defendants' Counsel: Micheline Fairbank; Court Repor ter: Kathryn French; Time of Hearing: 9:28 AM to 10:08 AM; Courtroom: 4; See attached Minutes. IT IS ORDERED, a Further Telephonic Pretrial Conference is set for Tuesday, 10/28/2014 at 9:00 AM in Reno Courtroom 4 befor e Judge Howard D. McKibben. The office of the Attorney General shall arrange for the Plaintiff to be present by telephone at the 10/28/2014 at 9:00 AM hearing. IT IS SO ORDERED.FOLLOWING THE HEARING, IT IS ORDERED, the Plaintiff's 358 Second Request for Enlargement of Prison Copywork Limit in the amount of $30.00 is GRANTED. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR)
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Filing
366
ORDER that the court has considered Plaintiff's 365 Reply and Affirms its 362 Order Denying Plaintiff's Motion for Leave to File a Motion for Reconsideration. Signed by Judge Howard D. McKibben on 9/12/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
354
ORDER Denying Plaintiff's 345 Objection as both untimely and without merit. Signed by Judge Howard D. McKibben on 8/15/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
340
ORDER that 328 Motion to Allow Plaintiff to Correspond with Inmate Witnesses is GRANTED in part. Signed by Judge Howard D. McKibben on 7/22/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
313
ORDER Granting Plaintiff's 287 Motion for Leave to File Motion for U.S. Marshals to Serve Plaintiff's Subpoenas. Plaintiff shall file a motion for service of subpoenas no later than 7/7/2014. Signed by Judge Howard D. McKibben on 6/6/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
306
ORDER Granting 280 and 285 Motions to Change Venue. Jury Trial date of 6/16/2014 is Vacated and reset for the stack calendar of 12/3/2014 before Judge Howard D. McKibben. Signed by Judge Howard D. McKibben on 6/3/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
303
ORDER Denying Plaintiff's 224 Motion to Reconsider and Denying as moot Defendants' 225 Motion to Strike. Signed by Judge James C. Mahan on 5/28/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
300
ORDER Denying Plaintiff's 207 Motion for Reconsideration. Signed by Judge James C. Mahan on 5/14/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
277
ORDER that 253 Plaintiff's Resubmission of 210 MOTION for Discovery Request re 203 Order on Motion is GRANTED in part and DENIED in part. Signed by Magistrate Judge Cam Ferenbach on 4/10/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
272
ORDER Granting Defendants' 270 Motion for Rescheduling or Continuance of Settlement Conference. Settlement Conference rescheduled to 5/7/2014 10:00 AM. The confidential settlement statement is due on or before 4/30/2014. Signed by Magistrate Judge Cam Ferenbach on 3/19/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
248
ORDER Denying Plaintiff's 227 Motion and Request for Leave to File a Certificate of Appealability. Defendants' 230 Motion to Strike is Granted. FURTHER ORDERED that Plaintiff's 227 Motion is Stricken. Signed by Magistrate Judge Cam Ferenbach on 2/25/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
222
ORDER Denying without prejudice 216 Motion to Compel, 219 Motion for Leave to File Motion for Reconsideration, and 220 Motion for Discovery Requests. Signed by Magistrate Judge Cam Ferenbach on 12/12/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
215
ORDER Denying without prejudice 209 Motion for Extension of Time to Respond to 203 Order, 210 Motion or Discovery Request Pursuant to 203 Order, and 213 Motion to Stay. Signed by Magistrate Judge Cam Ferenbach on 12/5/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
203
ORDER Denying 155 Plaintiff's Motion to Compel; Granting in part and Denying in part 156 Plaintiff's Motion for Enlargement of Deponents Limit as stated in order; Denying 162 Plaintiff's Motion for Order to Show Cause; Striking 166 Plaintiff's Motion for Magistrate Judge to Reconsider Order ; Denying 171 Plaintiff's Motion for Submissions of Motion for Enlargement of Deponents ; Denying 172 Plaintiff's Motion for Submissions of re Supplement; Strikin g 176 Plaintiff's Motion for Order to Compel Answers to Written Discovery Requests; Denying 178 Plaintiff's Motion for Submissions of re Motion to Compel; Granting 180 Defendants' Motion to Extend Time re discovery/nondispo sitive matter; Denying 183 Defendants' Motion to Strike Supplement to Motion to Compel; Granting 184 Defendants' Motion to Strike Motion for Order to Compel Answers to Written Discovery Requests; Granting 188 Plaintiff's Motion to Clarify Report and Recommendation; Granting 190 Plaintiff's Motion for Leave to File Motion for Default Judgment of Defendant Brandon Davis; Denying 191 Plaintiff's Motion for Leave to File Motion to Recuse Magistrate Judge Cam Feren bach, Motion to Recuse Magistrate Judge Ferenbach is DENIED; Granting 192 Plaintiff's Motion for Leave to File Motion to Compel Answers to Interrogatories, Request for Admissions and Production of Documents; Granting 193 Plaintiff's Mot ion for Leave to File Motion to Strike Defendant Answers to Plaintiff's Interrogatories and Production of Document Prior to 07/16/2013; Denying 195 Plaintiff's Motion for Leave to File Motion for Reconsideration of Motion for Leave to Ame nd Civil Rights Complaint ; Granting 196 Plaintiff's Motion for Leave to File Motion for Reconsideration of Motion to Extend Prison Copywork Limit; Denying 197 Plaintiff's Emergency Motion for Leave to File Motion to Stay/Motion to Ap point Counsel/Motion to Change Venue, Motion to Stay and Motion to Appoint Counsel are DENIED; Denying 201 Plaintiff's Motion for Leave to File Motion for Reconsideration of Order; and Granting 199 Defendants' Motion for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 11/01/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
194
ORDER Adopting in it's entirety 159 Report and Recommendation. Granting 27 Partial Motion to Dismiss.Denying 112 Motion to Amend Complaint. Signed by Judge James C. Mahan on 9/27/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
110
ORDER Granting 105 Motion for Order to Serve Summons and Civil Complaint. Signed by Magistrate Judge Cam Ferenbach on 3/29/2013. (Copies have been distributed pursuant to the NEF ; CC: USM - SLR)
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Filing
99
ORDER Denying 80 Motion to Submit Plaintiff for Physical Exam. Signed by Magistrate Judge Cam Ferenbach on 3/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
92
ORDER Granting 85 Motion for Order to Serve Summons and Civil Complaint. Plaintiff will have 20 days to furnish to the U.S. Marshal the required USM-285 forms. Signed by Magistrate Judge Cam Ferenbach on 2/20/2013. (Copies have been distributed pursuant to the NEF; CC: USM with documents - SLR)
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Filing
73
ORDER Granting 36 Motion For Extension of time for service. Proof of service due by 2/11/2013. Granting 37 Motion to Compel. Denying 38 Motion to Appoint Counsel. Denying 39 Motion for Plaintiffs Early Submission of Expanded Interrogatories . Striking 53 Motion to Strike. Denying 54 Motion for Sanctions re Discovery. Granting in part 58 Motion to Compel. Plaintiff's Opposition to 27 Motion to Dismiss is due by 2/28/2013. Denying 62 Amended Motion to Appoint Counsel. De nying 65 , 69 , and 71 Motions for Judicial Notice. Discovery due by 6/11/2013. Motions due by 7/11/2013. Proposed Joint Pretrial Order due by 8/11/2013. Signed by Magistrate Judge Cam Ferenbach on 12/14/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
61
ORDER Granting 59 Motion for order to permit reply to defendants opposition. Granting 60 Motion to Extend Time to Respond to 27 Partial MOTION to Dismiss. Responses due by 1/31/2013. Signed by Judge James C. Mahan on 11/28/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
51
ORDER Denying 21 Motion for Preliminary Injunction. Denying 31 Motion for ruling of default. Response to 27 Partial Motion to Dismiss is due by 11/30/2012. Signed by Judge James C. Mahan on 11/14/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
47
ORDER Denying 32 Motion for District Judge to Reconsider Order. Signed by Judge James C. Mahan on 11/8/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
41
ORDER Denying without prejudice 40 Motion for TRO. Denying as moot 24 Motion for Preliminary Injunction as plaintiff has voluntarily dismissed this motion with 34 Motion to Dismiss. Signed by Judge James C. Mahan on 10/29/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
29
ORDER Denying without prejudice 19 Motion to Extend Prison Copy Work Limit. Plaintiff may refile the motion if he is able to make a more particularized showing of need. Signed by Magistrate Judge Cam Ferenbach on 10/11/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
26
ORDER that defendant shall have up to, and including, October 18, 2012, to file a response. Further, plaintiff shall have up to, and including, October 25, 2012, to file a reply to 24 Motion for Preliminary Injunction. Signed by Judge James C. Mahan on 10/10/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
13
ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff must pay an initial partial filing fee of $33.90 toward the full filing fee of $350.00. Plaintiff shall have 30 days from the date this order is entere d to have the fee sent to the Clerk of Court. The Clerk shall send plaintiff two copies of this order. Plaintiff is ordered to make the necessary arrangements to have one copy of this order attached to the check in the amount of the designated fee. T he Clerk shall send a copy of this order to the Finance Division of the Clerk's Office and to the Chief of Inmate Services for the NV Department of Corrections. The Clerk shall electronically serve a copy of this order, the Screening Order 9 , and a copy of plaintiff's amended complaint 6 on the Office of the Attorney General of the state of Nevada, attention Pamela Sharp. The AG's Office shall advise the court within 21 days if it can accept service of process for the named de fendants. If the AG accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer/response to the amended complaint within 60 days from the date of this order. Signed by Magistrate Judge Cam Ferenbach on 8/13/12. (Copies have been distributed pursuant to the NEF; cc Finance; Chief of Inmate Services - MMM)
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