Sexton et al v. County of Clark Nevada et al
| Amanda Lea Sexton and Toney Anthoney White |
| Acevedo, Ryan Adams, J. Chavez, City of Henderson Nevada, City of Henderson Police Department, City of Las Vegas, County of Clark Detention Center, County of Clark Detention Center Medical Administration, County of Clark Nevada, John Gregg, HDC Medical Administration, Henderson Detention Center, Henderson Police Department Chief, LVMPD Chief, Las Vegas Metropolitan Police Dept, Anthony Niswonger, R. Robinson, M. Smith and Charles Yannis |
| 2:2016cv00734 |
| April 1, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| Richard F. Boulware |
| 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
466
ORDER granting 463 STIPULATION of Dismissal of LVMPD Defendants Only, With Prejudice, as to Defendants Marco Alvardo, Franc Cadet, Henry Coker, Efren DeLaCruz, D. Hardin, Hogan, Las Vegas Metropolitan Police Dept, Joseph Lombardo, Michael Pollard Signed by Judge Richard F. Boulware, II on 7/15/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
412
AMENDED 410 ORDER TO SHOW CAUSE: the Nevada Department of Corrections must show cause within fourteen (14) days of this order why it has failed to comply with the 384 Court's order. If there is no response to this order, the Court will impos e sanctions for the failure to respond or comply. The Clerk's office is directed to serve a copy of this Amended Order to NDOC, 5500 Snyder Avenue, Bldg 17, PO Box 7011; Carson City, Nevada, 89702. Clerk is also to serve a copy to the Attorney G eneral's Office electronically. Further, the Court Denies 392 Motion for Emergency Hearing and 397 Motion for Hearing, both without prejudice. Signed by Judge Richard F. Boulware, II on 4/6/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
410
ORDER TO SHOW CAUSE: the Nevada Department of Corrections must showcause within fourteen (14) days of this order why it has failed to comply with the 318 Court's order. If there is no response to this order, the Court will impose sanctions fo r the failureto respond or comply. Further, the Court Denies 392 Motion for Emergency Hearing and 397 Motion for Hearing, both without prejudice. Signed by Judge Richard F. Boulware, II on 4/3/2020.; ORDER TO SHOW CAUSE. Show Cause Response due by 4/17/2020. Signed by Judge Richard F. Boulware, II on 4/3/2020. (Copies have been distributed pursuant to the NEF with hard copy mailed to High Desert State Prison - DRS)
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Filing
384
ORDER granting in part 382 Motion; ORDER granting 383 Motion. High Desert State Prison shall permit Plaintiff to keep a full and complete copy of his medical records in his cell. IT IS FURTHER ORDERED that High Desert State Prison shall p rovide Plaintiff with the discs taken from him upon his arrival on March 29, 2019. HighDesert State Prison shall provide Plaintiff a credit of $50.00. Signed by Judge Richard F. Boulware, II on 3/6/2020. (Copies have been distributed pursuant to the NEF, cc: 383 to P - JM)
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Filing
362
ORDER TO PRODUCE TONEY ANTHONEY WHITE, #1214172. Motion Hearing set for 2/27/2020. Signed by Judge Richard F. Boulware, II on 2/14/2020. (Copies have been distributed pursuant to the NEF -cc: CMECF/Plaintiff, NDOC.(Copies have been distributed pursuant to the NEF - BEL)
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Filing
361
ORDER granting 360 Stipulation to dismiss with prejudice as to Ashley Komascar; Signed by Judge Richard F. Boulware, II on 2/11/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
341
ORDER re 279 Motion is Granted to the extent that Plaintiff's deposition will be taken on 1/7/2020 at 10:00 a.m. at High Desert State Prison. The 282 Motion is Stricken as duplicative. Plaintiff's 286 Motion is Granted to the extent Nevada Department of Corrections credit Plaintiff $50.00 to his inmate copy account re medical file. Signed by Magistrate Judge Cam Ferenbach on 12/23/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
311
ORDER to Produce Toney Anthoney White on 11/4/2019 at 1:00 p.m. in LV Courtroom 3D to attend a hearing. Signed by Magistrate Judge Cam Ferenbach on 9/25/2019. (Copies have been distributed pursuant to the NEF - copy placed in USM box - SLD)
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Filing
304
ORDER to Produce Toney Anthoney White for a hearing on 10/11/2019 at 10:00 a.m. in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 9/19/2019. (Copies have been distributed pursuant to the NEF - copy hand delivered to USM - SLD)
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Filing
285
ORDER that the Warden of High Desert State Prison or his designee shall transport and produce Toney Anthoney White to attend a hearing on 9/23/2019 at 1:00 p.m. in LV Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 8/20/2019. (Copies have been distributed pursuant to the NEF - cc: HDSP and Casa Grande Transitional Housing per VCF Chambers - SLD) Modified to correct signing Judge on 8/20/2019 (SLD).
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Filing
244
ORDER to Produce Toney Anthoney White for motion hearing on 6/24/2019 at 3:30 P.M. in LV Courtroom 7C before Judge Richard F. Boulware, II. Signed by Judge Richard F. Boulware, II on 6/6/2019. (Copies have been distributed pursuant to the NEF - copy place in USM box - SLD)
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Filing
204
ORDER. IT IS ORDERED that 71 Plaintiff's Motion for Temporary Restraining Order, 72 Motion for Preliminary Injunction, 85 Motion to Issue and Serve Subpoena, 86 Motion for Service of Document by Defendants, 87 Motion for Sanctions r e: Discovery, 97 Motion for Sanctions, and 134 Motion for Court Action are DENIED without prejudice. IT IS FURTHER ORDERED that 115 the LVMPD Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. The Court dismisses the i nmate-to-inmate mail policy theory in Claim 1. The Court denies the Motion as to all other claims. IT IS FURTHER ORDERED that 117 HPD's Motion to Dismiss is GRANTED. The Court dismisses HPD from this case and substitutes the City of Henders on into all claims in its place. IT IS FURTHER ORDERED that 126 the HPD Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. The Court dismisses Claim 4 against the HPD Defendants. The Court denies the Motion as to all other claims. Signed by Judge Richard F. Boulware, II on 9/19/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
202
ORDER to produce Toney Anthoney White for a motion hearing on 8/20/2018 at 3:30 PM in LV Courtroom 7C. Signed by Judge Richard F. Boulware, II on 8/3/2018. (Copies have been distributed pursuant to the NEF - hand delivered to USM - SLD)
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Filing
196
ORDER that Plaintiff's 177 Motion to Stay Proceedings and Defendants' 191 Motion to Stay Case are GRANTED. Discovery is STAYED in this case pending a decision on 115 Motion. The following Motions are DENIED without prejudice: 113 , 148 , 149 , 151 , 153 , 154 , 163 , 164 , 165 , 167 , 175 , 176 , 179 , 180 , 181 and 184 . FURTHER ORDERED that the hearing scheduled for 1:00 PM, 7/2/2018 is VACATED. The 189 Order to Produce Plaintiff for a Motion Hea ring is VACATED. The Clerk of Court is directed to send the Warden of Clark County Detention Center and the U.S. Marshal a copy of this Order. Signed by Judge Richard F. Boulware, II on 6/15/2018. (Copies have been distributed pursuant to the NEF - copy placed in USM box; mailed to Warden - SLD) Modified to include 189 Order is vacated on 6/15/2018 (SLD).
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Filing
189
ORDER to Produce Toney Anthony White for a Motion Hearing set for 7/2/2018 at 1:00 PM in LV Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 6/13/2018. (Copies have been distributed pursuant to the NEF - copy placed in USM box; mailed to Clark County Detention Center Warden - SLD) Modified to include copy mailed to Warden on 6/14/2018 (SLD).
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Filing
143
ORDER Granting Plaintiff's 95 and 98 Motions for 30 Day Extension of Time to Furnish US 285 Forms to U.S. Marshal for Service. Signed by Magistrate Judge Cam Ferenbach on 3/5/2018. (Copies have been distributed pursuant to the NEF - copy placed in USM box - SLD)
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Filing
140
USCA ORDER dismissing 111 Petition for Writ of Mandamus. JM
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Filing
83
AMENDED ORDER to Produce Toney Anthoney White. The Warden of Clark County Detention Center or his designee shall transport and produce Toney Anthoney White to appear for a motion hearing on 10/27/2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 10/23/2017. (Copies have been distributed pursuant to the NEF - copy placed in USM box - SLD)
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Filing
81
ORDER to Produce Toney Anthoney White. The Warden of Clark County Detention Center or his designee shall transport and produce Toney Anthoney White to appear for a motion hearing on 10/24/2017 at 12:30 PM in LV Courtroom 7D. Signed by Judge Richard F. Boulware, II on 10/17/2017. (Copies have been distributed pursuant to the NEF - copy placed in USM box - SLD)
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Filing
74
ORDER that the 39 , 40 , 45 , 46 , 48 Motions related to service are Denied without prejudice as premature. The 43 Motion for Reconsideration is Denied without prejudice. The 50 , 57 Motions for Court Order are Denied without prejudice a s moot. The 52 Motion for Temporary Restraining Order and 53 Motion for Preliminary Injunction are Denied without prejudice as moot. The 59 Motion for Copies is Denied. A Hearing is set for 10/10/2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware II. The hearing will address the Motion for a Temporary Restraining order and Preliminary Injunction. Signed by Judge Richard F. Boulware, II on 9/29/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
35
ORDER Denying Plaintiffs' 33 Motion for Leave to File Proposed Third Amended Complaint and Denying Plaintiffs' 34 Motion for Issuance of USM 285 Forms. Signed by Magistrate Judge Cam Ferenbach on 10/21/2016. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
31
ORDER. It is ordered that the motion to strike the applications to proceed in forma pauperis 28 is denied as moot. It is further ordered that Plaintiff Whites application to proceed in forma pauperis 12 is denied as moot. It is further ordered t hat the motion for reconsideration 14 is denied as moot. It is further ordered that the motion for extension of time 18 is denied as moot. It is further ordered that the motions to have the Court review the first and second amended complaints [10 ], 25 are denied as moot. It is further ordered that the motions to permit correspondence 8 , 17 are denied. It is further ordered that the motions to seal documents 19 , 20 , 22 are denied. It is further ordered that the claims of Plai ntiffs Amanda Lea Sexton and Toney Anthoney White are severed from each other. It is further ordered that Plaintiff Toney Anthoney White shall proceed as the sole plaintiff in the instant case, 2:16-cv-00734-RFB-VCF. It is further ordered that the C lerk of the Court is directed to: 1. Open a separate civil action for Plaintiff Amanda Lea Sexton; 2. Assign Plaintiff Sextons action to the district judge and magistrate judge to whom the instant case is assigned and make appropriate adjustments in the assignment of civil cases for such assignment; 3. File and docket a copy of this order in Plaintiff Sextons new case;File and docket Plaintiff Sextons application to proceed in forma pauperis 16 in her new case and designate the application a s an active, pending motion; 5.Deny as moot Plaintiff Sextons application to proceed in forma pauperis 16 in the instant case. 6.Place a copy of the second amended complaint 13 , submitted on June 7, 2016, in Plaintiff Sextons newly severed case; and 7. Send Plaintiff Sexton an inmate advisory letter bearing her new case name and case number. It is further ordered that the Court will issue separate screening orders on the second amended complaint in the instant case and in Plaintiff Sextons severed case. Signed by Magistrate Judge Cam Ferenbach on 9/29/2016. (Copies have been distributed pursuant to the NEF - DL)
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Filing
9
ORDER Denying without prejudice to file a new application 3 and 7 Applications for Leave to Proceed in forma pauperis. On or before 6/22/ 2016, Plaintiffs Sexton and White shall either: (1) individually file a fully complete application to pro ceed in forma pauperis, or (2) pay the full $400 fee for filing a civil action. If Plaintiffs do not timely file their applications to proceed in forma pauperis, dismissal of this action may result. It is further ordered that the 5 Motion to Amend/Correct Complaint is Granted. Plantiffs' second amended complaint deadline; 6/22/2016. If Plaintiffs intend for the 4 amended complaint to be the operative complaint, Plaintiffs must notify the Court in writing on or before 6/22/2 016. The 6 motion for copy of local rules is granted in part. The Clerk of the Court shall send each Plaintiff a copy of the District ofNevada's Local Rules of Practice sections IA Introduction (LR IA 1-1 through LR IA 11-8) andPart V Special Proceedings and Appeals (LSR 1-1 through LSR 6-3). Signed by Magistrate Judge Cam Ferenbach on 5/23/2016. (Copies have been distributed pursuant to the NEF - mailed IFP instructions/forms to Plaintiffs - DL)
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