Nigro v. Christensen et al
| Shane Vincent Nigro |
| Brian Klingensmith, Timmothy McKay, Jack Fraser, Jay Christensen, Cody Mattingly, Dr. Abby, Jeff Zamuda, Rona Siegert, Joshua Tuckett, Corizon Medical Services, Dr. Dawson, Sgt. Borg, Mathew Lytle and Jeff Zmuda |
| 1:2019cv00441 |
| November 14, 2019 |
| US District Court for the District of Idaho |
| David C Nye |
| B Lynn Winmill |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.
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Filing 43
RETURN MAIL undelivered as to Shane Vincent Nigro re: #42 USCA Order (kt)
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Filing 42
ORDER of USCA 21-35112 as to (Dkt. #37 ) Notice of Appeal filed by Shane Vincent Nigro. (lm)
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Filing 41
ORDER of USCA 21-35112 as to #37 Notice of Appeal filed by Shane Vincent Nigro (kt)
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Filing 40
ORDER of USCA 21-35112 as to #37 Notice of Appeal filed by Shane Vincent Nigro. Appellant Shane Vincent Nigro, prison identification number 83024, has been granted leave to proceed in forma pauperis in this appeal. (kt)
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Filing 39
USCA Scheduling Order 21-35112 as to #37 Notice of Appeal filed by Shane Vincent Nigro. (Notice sent by e-mail to Court Reporter) (kt)
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Filing 38
USCA Case Number 21-35112 for #37 Notice of Appeal filed by Shane Vincent Nigro. (Attachments: #1 Notice to All Parties and Counsel, #2 Case Opening Packet)(kt)
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Filing 37
NOTICE OF APPEAL 21-35112 as to #36 Judgment, by Shane Vincent Nigro. (Notice sent to Court Reporter & 9th Cir)(forwarded to cmecf_ca9central@ca9.uscourts.gov) (kt) Modified on 2/10/2021 to add USCA case number (kt).
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Filing 36
JUDGMENT. IT IS ORDERED, ADJUDGED, and DECREED that this entire case is DISMISSED with prejudice. This case is also ordered closed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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Filing 35
MEMORANDUM DECISION AND ORDER. IT IS ORDERED Defendants' Motion for Extension of Time (Dkt. #30 ) is GRANTED. Defendants' Motion for Summary Judgment (Dkt. #20 ) is GRANTED in full. This entire case is DISMISSED with prejudice. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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Filing 34
SUPPLEMENT by Defendants Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda re #32 Supplement,, #28 Memorandum Decision,,, Terminate Motions,,, Set Deadlines/Hearings,, #33 Supplement . (Attachments: #1 3rd Declaration of Jay Christensen, #2 Exhibit M to Christensen 3rd Declaration, #3 Exhibit N to Christensen 3rd Declaration)(Elia, Michael)
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Filing 33
Plaintiff's Supplemental Reply Brief Pursuant to Memorandum Decision and Order (DKT. 28) (Attachments: #1 Affidavit of Plaintiff) (ckh)
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Filing 32
SUPPLEMENT by Defendants Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda re #28 Memorandum Decision,,, Terminate Motions,,, Set Deadlines/Hearings,, Supplemental Brief. (Attachments: #1 Declaration of Jay Christensen, #2 Exhibit C to Christensen Declaration, #3 Exhibit D to Christensen Declaration, #4 Exhibit E to Christensen Declaration, #5 Exhibit F to Christensen Declaration, #6 Exhibit G to Christensen Declaration, #7 Exhibit H to Christensen Declaration, #8 Exhibit I to Christensen Declaration, #9 Exhibit J to Christensen Declaration, #10 Exhibit K to Christensen Declaration, #11 Exhibit M to Christensen Declaration)(Elia, Michael)
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Filing 31
Plaintiff's Objection to Defendant's Request to Extend Time re #30 MOTION for Extension of Time to File Response/Reply filed by Shane Vincent Nigro. Replies due by 10/22/2020. (ckh)
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Filing 30
MOTION for Extension of Time to File Response/Reply as to #28 Memorandum Decision,,, Terminate Motions,,, Set Deadlines/Hearings,, Michael J Elia appearing for Defendants Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda. Responses due by 10/21/2020 (Elia, Michael)
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Filing 29
Plaintiff's Objection to Memorandum Decision And Order Dated 9/9/20 re #28 Memorandum Decision and Order filed by Shane Vincent Nigro. (ckh)
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Filing 28
MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Defendants' Motion for Summary Judgment (Dkt. #20 ) is GRANTED in part as to the "sex offender label" due process claim. Plaintiff's Motion for Clarification (Dkt. #26 ) is GRANTED in part, to the extent that Plaintiff and Defendants will be given further opportunity to brief the Sandin and Toussaint I issues and provide supporting exhibits. Defendant's supplement shall be due 21 days after entry of this Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing 27
NOTICE of Substitution - Attorney Michael J. Elia for Borg,Michael J. Elia for Jay Christensen,Michael J. Elia for Jack Fraser,Michael J. Elia for Brian Klingensmith,Michael J. Elia for Mathew Lytle,Michael J. Elia for Jeff Zmuda added. Attorney Yvonne Andrea Dunbar terminated. Request to Leave Noticing ON for this case by Attorney (Elia, Michael)
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Filing 26
MOTION for Clarification by Plaintiff Shane Vincent Nigro. Responses due by 8/10/2020. (ckh)
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Filing 25
REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda.Motion Ripe Deadline set for 7/9/2020.(Dunbar, Yvonne)
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Filing 24
RESPONSE to Motion re #20 MOTION for Summary Judgment filed by Shane Vincent Nigro. Replies due by 7/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Shane Nigro, #5 Plaintiff's Statement of Facts in Dispute)(kt)
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Filing 23
NOTICE by Shane Vincent Nigro re #14 Amended Complaint (kt)
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Filing 22
ORDER ON PENDING MOTIONS re #13 Motion to Appoint Counsel and #14 Motion to Amend/Correct. IT IS ORDERED: Plaintiff's Motion to Amend Plaintiff's Verified Prisoner Civil Rights Complaint (Dkt. #14 ) is DENIED without prejudice. Plaintiff's Motion for Appointment of Counsel (Dkt. #13 ) is DENIED without prejudice to him filing it in a new case. Plaintiff shall file a response to the pending Motion for Summary Judgment no later than 30 days after entry of this Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Set/Reset Deadlines as to #20 MOTION for Summary Judgment per docket 22: Responses due by 7/16/2020. (ckh)
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Filing 21
NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re #20 MOTION for Summary Judgment (ckh)
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Filing 20
MOTION for Summary Judgment Yvonne Andrea Dunbar appearing for Defendants Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda. Responses due by 6/30/2020 (Attachments: #1 Memorandum in Support of MSJ, #2 Statement of Undisputed Facts in Support of MSJ, #3 Declaration of Barney in Support of MSJ, #4 Declaration of Christensen in Support of MSJ)(Dunbar, Yvonne)
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Filing 19
ANSWER to #3 Complaint, and Demand for Jury Trial by Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda.(Dunbar, Yvonne)
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Filing 18
REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge David C. Nye for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings: 1:19-cv-00441-REB. (ckh)
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Filing 17
ORDER RE DKT. NOS. 9, 13, 14, 15. Defendants' Motion for Extension of Time to File Response to Motion to Amend/Correct (Dkt. #15 ) is DENIED as MOOT. Plaintiff's Motion for Court-Ordered Formal Service (Dkt. #9 ) is DENIED as MOOT. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing 16
Plaintiff's Reply to Defendant's Motion for Extension of Time to Respond to Motion re #15 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Amend/Correct #3 Complaint and #13 MOTION to Appoint Counsel filed by Shane Vincent Nigro. Replies due by 6/12/2020. (ckh)
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Amend/Correct #3 Complaint,, #13 MOTION to Appoint Counsel Yvonne Andrea Dunbar appearing for Defendants Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda. Responses due by 6/16/2020 (Dunbar, Yvonne)
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RECEIPT: Civil Filing Fee Received $350.00, receipt #IDX26184 Paid in Full. (jld)
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Filing 14
MOTION to Amend/Correct #3 Complaint, by Plaintiff Shane Vincent Nigro. Responses due by 5/26/2020 (Attachments: #1 Amended Complaint)(kt)
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Filing 13
MOTION for Appointment of Counsel by Plaintiff Shane Vincent Nigro. Responses due by 5/26/2020 (Attachments: #1 Memorandum in Support, #2 Declaration in Support)(kt)
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Filing 12
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to Shane Vincent Nigro and counsel for Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, and Jeff Zmuda re #3 Complaint and #11 Waiver of Service Executed. Consent/Objection to Magistrate due by 6/8/2020. (ckh)
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DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge Ronald E. Bush for all further proceedings. Judge B. Lynn Winmill no longer assigned to case. Please use this case number on all future pleadings: 1:19-cv-00441-REB. (ckh)
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Filing 11
WAIVER OF SERVICE Returned Executed by Brian Klingensmith, Borg, Jay Christensen, Jack Fraser, Jeff Zmuda, Mathew Lytle. Brian Klingensmith waiver sent on 4/8/2020, answer due 6/8/2020; Borg waiver sent on 4/8/2020, answer due 6/8/2020; Jay Christensen waiver sent on 4/8/2020, answer due 6/8/2020; Jack Fraser waiver sent on 4/8/2020, answer due 6/8/2020; Jeff Zmuda waiver sent on 4/8/2020, answer due 6/8/2020; Mathew Lytle waiver sent on 4/8/2020, answer due 6/8/2020. (Dunbar, Yvonne)
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Filing 10
NOTICE of Appearance by Yvonne Andrea Dunbar on behalf of Borg, Jay Christensen, Jack Fraser, Brian Klingensmith, Mathew Lytle, Jeff Zmuda (Dunbar, Yvonne)
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Filing 9
Motion for Court Ordered Formal Service of Summons by Plaintiff Shane Vincent Nigro. Responses due by 4/22/2020. (ckh)
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Filing 8
INITIAL REVIEW ORDER BY SCREENING JUDGE: MEDICAL CLAIMS re #3 Complaint, filed by Shane Vincent Nigro. IT IS ORDERED: The medical claims in the Complaint are severed from the other claims asserted in this action. The Clerk of Court shall file a copy of Plaintiff's Complaint and this Order under a new case number. Plaintiff's Request for Appointment of Counsel (contained in theComplaint) is DENIED without prejudice. All claims against Corizon and Timmothy McKay and all state law supplemental claims are DISMISSED, and Corizon and McKay are TERMINATED as parties to this action. Any amended pleadings must be submitted, along with a motion to amend, within 150 days after entry of this Order. Dispositive motions must be filed no later than 300 days after entryof this Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing 7
CERTIFICATE of Clerk re #6 Initial Review Order. Mailed copies of Complaint, Initial Review Order, Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons to Mark Kubinski, Deputy Attorney General for the State of Idaho, Idaho Department of Corrections, 1299 North Orchard, Suite 110, Boise, ID 83706. Mailed copy of Initial Review Order and Notice of Lawsuit and Request for Waiver of Service of Summons to Shane Vincent Nigro #83024, IMSI, P.O. Box 51, Boise, ID 83707. (ckh)
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Filing 6
INITIAL REVIEW ORDER BY SCREENING JUDGE: DUE PROCESS CLAIMS re #3 Complaint filed by Shane Vincent Nigro. IT ORDERED: Plaintiff may proceed to the next stage of litigation on the Fourteenth Amendment due process claims against Defendants Jay Christensen, Brian Klingensmith, Jack Fraser, Mathew Lytle, Jeff Zmuda, and Sergeant Borg. Plaintiff's Request for Appointment of Counsel (contained in the Complaint) is DENIED without prejudice. Defendants will be allowed to waive service of summons by executing, or having their counsel execute, the Waiver of Service of Summons as provided by Fed. R. Civ. P. 4(d) and returning it to the Court within 30 days. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing 5
ORDER FOR IN FORMA PAUPERIS STATUS AND WITHDRAWAL OF FILING FEE FROM INMATE TRUST ACCOUNT re #1 APPLICATION for Leave to Proceed in forma pauperis filed by Shane Vincent Nigro (Notice sent to Finance). IT IS HEREBY ORDERED: Plaintiff's Application for Leave to Proceed in Forma Pauperis (Dkt. #1 ) is GRANTED. The Director of the Idaho Department of Correction or his designee shall collect from Plaintiff's prison trust account the $350.00 balance of the filing fee and shall forward payments to the Clerk of Court in accordance with 28 U.S.C. 1915(b)(2). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing 4
ORDER of Conditional Filing - (kt)
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| Filing 3 PRISONER COMPLAINT against Borg, Jay Christensen, Corizon Medical Services, Dr. Abby, Dr. Dawson, Jack Fraser, Brian Klingensmith, Mathew Lytle, Cody Mattingly, Timmothy McKay, Rona Siegert, Joshua Tuckett, Jeff Zamuda, filed by Shane Vincent Nigro.(kt) |
| Filing 2 Statement of Prisoner Trust Fund Account, This is a sealed document. re #1 APPLICATION for Leave to Proceed in forma pauperis by Shane Vincent Nigro. (kt) |
| Filing 1 PRISONER APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Shane Vincent Nigro. Responses due by 12/5/2019 (kt) |
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