Howard v. Polley et al
| Abdul Howard |
| Clark County Detention Center, John Doe, Sheriff Joe Lombardo, Peggy Martery, Bonnie Polley and State of Nevada |
| 2:2015cv01458 |
| July 30, 2015 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| Andrew P. Gordon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
124
ORDER. IT IS ORDERED that 107 Polley's motion for summary judgment is granted. Howard's Fourteenth Amendment equal protection claim is dismissed as to Polley. Because that was the sole remaining claim, the clerk of the court shall enter judgment accordingly and close this case. Signed by Judge Andrew P. Gordon on 3/13/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
121
ORDER TO PRODUCE ABDUL HOWARD FOR HEARING. Signed by Judge Andrew P. Gordon on 3/5/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
118
ORDER. IT IS ORDERED that 107 Polley's motion for summary judgment is granted in part. IT IS FURTHER ORDERED that the parties shall appear for a status conference on Wednesday, 2/20/19 at 10:00 a.m. to discuss scheduling an evidentiary hearing on the issue of qualified immunity. Signed by Judge Andrew P. Gordon on 2/4/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
115
ORDER Denying in part Defendant Bonnie Polley's 107 Motion for Summary Judgment. Plaintiff must file a supplemental brief on the issue of qualified immunity within 30 days of the entry of this order. Polley must file her response to the brief within 30 days thereafter. Signed by Judge Andrew P. Gordon on 11/6/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
111
ORDER Granting 110 Stipulation to Set Aside 104 Default Judgment against Peggy Martinez and Dismissal of Defendant Peggy Martinez with prejudice. Signed by Judge Andrew P. Gordon on 9/19/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
104
DEFAULT JUDGMENT in favor of Abdul Howard against Peggy Martinez. Signed by Clerk of Court Debra K. Kempi on 5/23/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
103
ORDER. IT IS HEREBY ORDERED that Mr. Howard is awarded $900.00 against defendant Peggy Martinez for the damages Mr. Howard suffered when deprived of sufficient calories during Ramadan 2015. IT IS FURTHER ORDERED that Ms. Martinez shall, to the extent of her authority, provide Mr. Howard with sufficient food for 2200 calories per day during Ramadan 2018. Signed by Judge Andrew P. Gordon on 5/21/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
96
AMENDED ORDER to Produce Abdul Howard, #1896061. Signed by Judge Andrew P. Gordon on 4/11/2018. (Copies have been distributed pursuant to the NEF - cc: USM - ADR)
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Filing
94
ORDER to Produce Abdul Howard, #1896061. Signed by Judge Andrew P. Gordon on 4/10/2018. (Copies have been distributed pursuant to the NEF - cc: USM - ADR)
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Filing
82
ORDER. IT IS HEREBY ORDERED that a hearing on 61 the Motion re: libel and slander and 63 Motion re: violation of HIPPA Act is scheduled for 1:00 PM, 1/3/18, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 12/4/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
79
ORDER Granting 78 Stipulation to Extend Time Re: 63 Motion. Replies due by 11/27/2017. Signed by Magistrate Judge Cam Ferenbach on 11/17/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
70
ORDER that a Status Hearing is set for 9/7/2017 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 8/16/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
69
ORDER. IT IS HEREBY ORDERED that Akke Levin, Esq. is hereby appointed as pro bono counsel for Plaintiff Abdul Howard pursuant to the United States District Court for the District of Nevadas Pro Bono Program. IT IS FURTHER ORDERED that the Clerk of Court shall assign a PROBONO case flag and add Akke Levin, Esq. to the docket as counsel of record for Plaintiff. Signed by Magistrate Judge Cam Ferenbach on 8/14/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
67
ORDER. IT IS HEREBY ORDERED that 57 Defendants' Motion for Leave to Take Deposition of an Incarcerated Person is GRANTED. Signed by Magistrate Judge Cam Ferenbach on 8/8/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
53
ORDER. IT IS HEREBY ORDERED that 46 Plaintiff's Motion for Pro Bono Attorney to be Removed is GRANTED IN PART. Darren J. Welsh's Pro Bono representation of plaintiff is terminated. IT IS FURTHER ORDERED that the hearing set for 5/24 /17, is VACATED. IT IS FURTHER ORDERED that the Court's Order to transport Plaintiff to attend that hearing is also VACATED and 52 the Motion for Reconsideration is DENIED as moot. Signed by Magistrate Judge Cam Ferenbach on 5/15/17. (Copies have been distributed pursuant to the NEF - cc: USM - ADR)
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Filing
51
ORDER. IT IS HEREBY ORDERED that the Warden of Clark County Detention Center, or his designee, shall transport and produce Abdul Howard, #1896061, to the Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard, South, in Las Vegas, Nevada, on or about, 5/24/17, at the hour of 1:00 p.m., in LV Courtroom 3D to attend a hearing. Signed by Magistrate Judge Cam Ferenbach on 5/3/17. (Copies have been distributed pursuant to the NEF - cc: USM - ADR)
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Filing
48
ORDER. IT IS HEREBY ORDERED that a hearing on 46 motion to remove pro bono counsel is scheduled for 1:00 PM, 5/3/17, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 4/20/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
43
ORDER. IT IS HEREBY ORDERED that a hearing on 28 Motion for Leave re Interrogatories, 29 Motion for Production, and 30 Motion to Obtain Attorney Fees is scheduled for 1:00 PM, 5/3/17, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 3/30/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
27
ORDER. IT IS THEREFORE ORDERED that 24 defendant Bonnie Polley's motion to set aside clerk's entry of default is GRANTED. IT IS FURTHER ORDERED that 23 plaintiff Abdul Howard's motion for default judgment is GRANTED in part and DENIED in part. The motion is denied as to his claims against defendant Bonnie Polley. The motion is granted as to defendant Peggy Martinez. However, I will defer entering judgment pending a prove up hearing on damages and appropriate inj unctive relief, if any. IT IS FURTHER ORDERED that this case is referred to the Pilot Pro Bono Program (Program) adopted in General Order 2016-02 for the purpose of screening for financial eligibility (if necessary) and identifying counsel will ing to be appointed as pro bono counsel for plaintiff Abdul Howard. IT IS FURTHER ORDERED that the clerk of court shall forward this order to the Pro Bono Liaison. Signed by Judge Andrew P. Gordon on 2/6/17. (Copies have been distributed pursuant to the NEF - cc: Pro Bono Liaison - ADR)
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Filing
19
ORDER Denying 17 Motion for Default Judgment without prejudice as premature. Signed by Judge Andrew P. Gordon on 8/3/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
18
ORDER Granting 14 Motion to Request for Copy of Civil Complaint. The Clerk of the Court is directed to mail a copy of 8 the Complaint to the address on file for Howard. IT IS FURTHER ORDERED that 15 Howards Motion Regarding the Cert ificate of Interested Parties is Granted in part and Denied in part. Howard must file a Certificate of Interested Parties on or before 8/22/16. Signed by Magistrate Judge Cam Ferenbach on 7/22/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
9
ORDER that pursuant to the Court's screening order, this action shall proceed on Plaintiff's First Amendment free exercise claim concerning religious services against religious coordinator Bonnie Polley; Plaintiff's Fourteenth Amendme nt Equal Protection Clause claim against religious coordinator Bonnie Polley; Plaintiff's First Amendment free exercise claim against kitchen officer Peggy Martinez; and Plaintiff's Eighth Amendment inadequate food claim against kitchen off icer Peggy Martinez. FURTHER ORDERED that the Clerk shall issue summonses for defendant coordinator Bonnie Polley and kitchen officer Peggy Martinez, AND DELIVER THE SAME, along with the complaint (Dkt. # 8 ), to the U.S. Marshal for service. The Clerk also SHALL SEND to Plaintiff two (2) USM-285 forms, one copy of the complaint and a copy of this order. Signed by Magistrate Judge Cam Ferenbach on 3/24/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
5
ORDER. IT IS ORDERED that Plaintiff shall file an updated address with this Court within thirty (30) days from the date of entry of this order. Signed by Judge Andrew P. Gordon on 1/26/16. (Copies have been distributed pursuant to the NEF - TR)
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Filing
2
ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrat ive fee). If Plaintiff does not timely comply with this order, dismissal of this action may result. The Clerk of the Court shall retain the complaint (ECF No. 1-1), but shall not file it at this time. Signed by Magistrate Judge Cam Ferenbach on 10/16/15. (Copies have been distributed pursuant to the NEF: ifp form w/instructions to plaintiff - MMM)
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