Bacon v. Reyes
Plaintiff: Percy Lavae Bacon
Defendant: Oswald Reyes
Case Number: 2:2012cv01222
Filed: July 11, 2012
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Cam Ferenbach
Presiding Judge: Gloria M. Navarro
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 22, 2015 Opinion or Order Filing 170 ORDER that 161 Motion to Strike is GRANTED. IT IS FURTHER ORDERED that 160 Motion to Set Aside is STRICKEN. IT IS FURTHER ORDERED that 166 Motion for Leave to File a Substantial Judicial Notice is DENIED. IT IS FURTHER ORDERED that, wit hin fifteen days of entry of this order, defendants counsel shall file a notice in the record that counsel has forwarded a copy of this order to the appropriate authorities within the Nevada Department of Corrections. Signed by Judge James C. Mahan on 6/22/15. (Copies have been distributed pursuant to the NEF - TR)
April 8, 2014 Opinion or Order Filing 158 ORDER Granting 154 Motion to Strike 152 Motion to Set Aside. Signed by Judge James C. Mahan on 4/8/2014. (Copies have been distributed pursuant to the NEF - SLR)
January 24, 2014 Opinion or Order Filing 144 ORDER Denying 117 Motion for injunctive relief/application for leave to file. Striking 118 Motion for Preliminary Injunction. Striking 119 Motion seeking leave to file. Striking 127 Motion for Leave to File. Striking 128 Motion to partially amend or alter. Striking 131 Motion to strike an affirmative defense. Striking 139 Motion for leave to file a proper person motion to A Spear v. M Cotter 766 F. 2d 179 evidentiary hearing. Granting 141 Motion to Strike. Plaintiffs 135 sur-reply and affidavit in support there of are hereby STRICKEN. Granting 121 Motion to Dismiss. Signed by Judge James C. Mahan on 1/24/2014. (Copies have been distributed pursuant to the NEF - SLR)
October 3, 2013 Opinion or Order Filing 137 ORDER Granting 122 Defendant's Motion to Stay Discovery. Signed by Magistrate Judge Cam Ferenbach on 10/03/2013. (Copies have been distributed pursuant to the NEF - AC)
July 26, 2013 Opinion or Order Filing 113 ORDER Denying 45 Plaintiff's Motion for District Judge to Reconsider the Screening Order; Denying 51 Plaintiff's Motion for Summary Judgment as Moot; Denying 54 Plaintiff's Motion for Preliminary Injunction; Denying 63 Plain tiff's Motion for Hearing; Denying 70 Plaintiff's Objections pursuant to Local Rule IB 3-1; Granting 71 Defendant's Motion to Strike; Denying 76 Plaintiff's Objections pursuant to Local Rule IB 3-1; Denying 77 Plaintiff� 39;s Objections pursuant to Local Rule IB 3-1; Denying 84 Defendant's Motion to Dismiss without prejudice; Adopting 87 Report and Recommendation in its entirety; Denying 95 Plaintiff's Motion for Preliminary Injunction; and Denying 97 Motion for Judgment.The Court DISMISSES claims 2, 3, 5, (with regard to the allegations of food not fit for human consumption only), 6, 8, 9 (claim under the 14th Amendment only), 10, 11, 12 (claim under 14th Amendment only), 13, 14 (c laim under 8th Amendment only), 15, 16, 17, 19, 20, 21, 22 and 23, and orders the Clerk to file and electronically serve the 60 Amended Complaint. IT IS FURTHER ORDERED that the Defendants file a responsive pleading within 15. The Attorney Generals Office must file a notice re acceptance of service within 21 days. Signed by Judge James C. Mahan on 07/26/2013. (Copies have been distributed pursuant to the NEF - AC)
July 22, 2013 Opinion or Order Filing 111 ORDER Striking 100 Plaintiff's Motion that Defendants are not entitled to be represented by the Nevada Attorney General, 101 Motion to Bar the Defendants from using certain words, 106 Motion to Amend/Correct, 107 Motion to Strike, 108 Motion to Amend/Correct, 109 Motion that the Defendants and their Counsel has presented to this Honorable Court in "Bad Faith" and 110 Motion Seeking Leave to File. IT IS FURTHER ORDERED should Plaintiff Bacon wish to file any further Motions with the Court in this action, he must first request leave of the Court to file. Signed by Magistrate Judge Cam Ferenbach on 07/22/2013. (Copies have been distributed pursuant to the NEF - AC)
July 8, 2013 Opinion or Order Filing 102 ORDER Granting 99 Motion to Extend Time to File Response re 90 Objection to Report and Recommendation. FURTHER ORDERED that defendants shall file the response attached to their motion as exhibit B within five days of this order. Signed by Judge James C. Mahan on 7/8/13. (Copies have been distributed pursuant to the NEF - MMM)
June 28, 2013 Opinion or Order Filing 98 ORDER Denying 94 Plaintiff's Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that, due to the plaintiffs frivolous and numerous filings in this case, the defendant must request leave of the court to file any further motions with the court in this case. Signed by Judge James C. Mahan on 06/28/2013. (Copies have been distributed pursuant to the NEF - AC)
June 27, 2013 Opinion or Order Filing 96 ORDER Denying 89 Plaintiff's Ex Parte Motion to Extend Prison Inmate Copy Work Limit without prejudice. Plaintiff may re-file his motion with notice to all parties. Signed by Magistrate Judge Cam Ferenbach on 06/27/2013. (Copies have been distributed pursuant to the NEF - AC)
April 22, 2013 Opinion or Order Filing 79 ORDER Denying 55 Plaintiff's Motion for a Limited Discovery Order and Granting 73 Defendants' Motion for a Joint Status Conference and Request to Stay Responses to Pending Motions. IT IS FURTHER ORDERED that the briefing on all pendi ng motions (# 48 , # 56 , # 58 , # 59 , # 63 , # 64 , # 66 , # 68 , # 71 , and # 75 ) and on any motions filed before 05/20/2013 is STAYED. Status Conference is set for 5/20/2013 01:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Plaintiff will appear telephonically. Signed by Magistrate Judge Cam Ferenbach on 04/22/2013. (Copies have been distributed pursuant to the NEF - AC)
April 4, 2013 Opinion or Order Filing 62 ORDER Denying without prejudice 42 Motion to Extend Prison Copywork Limit. IT IS FURTHER ORDERED that within 30 days from the entry of this order, plaintiff may re-file motion as directed in this order. IT IS FURTHER ORDERED that the court acce pts 50 Defendants' Waiver of Service. IT IS FURTHER ORDERED that 43 Plaintiff's Motion to Prosecute Action without Providing Defendants a Copy of Pro Se Pleadings is GRANTED. Signed by Magistrate Judge Cam Ferenbach on 4/3/13. (Copies have been distributed pursuant to the NEF - EDS)
March 1, 2013 Opinion or Order Filing 44 ORDER Granting 15 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. The Nevada Department of Corrections shall pay to the clerk of the United States District Court, District of Nevada, 20% of the preceding months de posits to Plaintiffs account (inmate #89428), in the months that the account exceeds $10.00, until the full $350.00 filing fee has been paid. Within 21 days, the Attorney Generals Office shall file a notice regarding Defendants. See Order for details. Signed by Judge James C. Mahan on 03/01/2013. (Copies have been distributed pursuant to the NEF - CC: Finance, Chief of Inmate Services for the Nevada Department of Corrections, and Pamela Sharp - AC)
February 6, 2013 Opinion or Order Filing 40 ORDER that if the parties are able to settle the case during the 90 day stay, the $350.00 filing fee need not be paid. However, if the parties are unable to settle, then the Court will reconsider the motion to proceed in forma pauperis (IFP), a nd plaintiff will have to pay the $350.00 filing fee in full either immediately (if IFP status is denied) or in increments by automatic deductions from his prison trust account (if IFP status is granted). IT IS FURTHER ORDERED that the mediation currently set for 03/15/2013 is VACATED. Signed by Magistrate Judge Cam Ferenbach on 02/05/2013. (Copies have been distributed pursuant to the NEF - CC: Order and Complaint to Counsel - AC)
January 15, 2013 Opinion or Order Filing 38 ORDER Striking 36 Plaintiff's Motion for Declaratory Judgment and Striking 37 Plaintiff's Motion for Preliminary Hearing to Issue Permanent Injunction. Signed by Judge James C. Mahan on 01/15/2013. (Copies have been distributed pursuant to the NEF - AC)
December 19, 2012 Opinion or Order Filing 35 ORDER STRIKING 33 MOTION to Amend and 34 Amended Complaint, filed by Percy Lavae Bacon. Signed by Judge James C. Mahan on 12/19/2012. (Copies have been distributed pursuant to the NEF - EDS)
November 8, 2012 Opinion or Order Filing 29 ORDER Denying 27 Motion for Temporary Restraining Order. Signed by Judge James C. Mahan on 11/8/2012. (Copies have been distributed pursuant to the NEF - SLR)
October 16, 2012 Opinion or Order Filing 25 ORDER Denying 22 Plaintiff's Motion for Temporary Restraining Order. Signed by Judge James C. Mahan on 10/16/2012. (Copies have been distributed pursuant to the NEF - EDS)
September 11, 2012 Opinion or Order Filing 13 ORDER Granting 12 Motion for Relief from 9 Judgment. The Order 8 and judgment 9 dismissing this action are VACATED, and this action is REINSTATED. IT IS FURTHER ORDERED that plaintiff shall file another application to proceed in forma paupe ris or pay the filing fee, accompanied by a copy of this order. The Clerk of Court to send plaintiff blank application. IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a civil rights complaint form with instructions. Plaintiff will have 30 days to submit a complaint. Signed by Judge Gloria M. Navarro on 9/11/12. (Copies have been distributed pursuant to the NEF - cc: plaintiff - EDS)
July 23, 2012 Opinion or Order Filing 8 ORDER that plaintiffs application to proceed in forma pauperis 1 is DENIED. Plaintiffs motion to seek leave of the court to serve the administrative claim without the Nevada Department of Corrections institutional grievance form 2 is DENIED. Pla intiffs motion to use the purchased money order 3 is DENIED. Plaintiffs motion to seek equitable tolling or, in the alternative, equitable estoppel 4 is DENIED as moot. Plaintiffs motions for a permanent injunction or, in the alternative, a tempo rary restraining order 5 6 are DENIED as moot. Plaintiffs motion for appointment of counsel 7 is DENIED as moot. This action is DISMISSED without prejudice for plaintiffs failure to exhaust his administrative remedies. The court certifies that an appeal from this action is not taken in good faith. The clerk of the court shall enter judgment accordingly. Signed by Judge Gloria M. Navarro on 7/23/12. (Copies have been distributed pursuant to the NEF - ECS)
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Plaintiff: Percy Lavae Bacon
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Defendant: Oswald Reyes
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