Foley v. Graham et al
| Michael Foley |
| Kenneth Bourne, Clark County Detention Center, Douglas Gillespie, Kurt Graham and Silvia Teuton |
| 2:2016cv01871 |
| August 8, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A. Dorsey |
| Cam Ferenbach |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
76
ORDER. IT IS ORDERED THAT the district court finds that in forma pauperis status should not continue on appeal. Signed by Judge Jennifer A. Dorsey on 2/1/2021. (Copies have been distributed pursuant to the NEF - cc: USCA - JQC)
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Filing
71
ORDER Granting 66 Motion to Dismiss with prejudice. Signed by Judge Jennifer A. Dorsey on 12/2/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
63
ORDER. IT IS ORDERED that 58 the defendants motion to dismiss is GRANTED in part: See Order for Details. Foley has until 11/9/2020, to file his amended complaint consistent with this order. Signed by Judge Jennifer A. Dorsey on 10/19/2020. (Copies have been distributed pursuant to the NEF - cc: complaint/instructions sent to p - JQC)
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Filing
57
ORDER. IT IS ORDERED that 47 the defendants' motion to dismiss is GRANTED as unopposed based on plaintiffs failure to file a timely response, and the plaintiffs individual-capacity claims against Bourne and Graham are dismissed on immunity grounds. This case proceeds against Bourne and Graham only on Foleys claims against them in their official capacities, which are effectively claims against their offices and not against them personally. Signed by Judge Jennifer A. Dorsey on 8/14/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
53
ORDER. IT IS ORDERED that 51 Foley's motion to extend the deadline to respond to the defendants' motion to dismiss is GRANTED. Foley must file his response to that 47 motion by 4/3/2020, or the motion will be granted as unopposed. Signed by Judge Jennifer A. Dorsey on 3/13/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
46
ORDER. IT IS ORDERED that a discovery hearing is scheduled for 2:00 PM, 2/28/2020, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 2/12/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
45
ORDER. IT IS ORDERED that 32 the defendants' motion to dismiss is GRANTED IN PART AND DENIED IN PART. The claims against Clark County are dismissed with prejudice as time-barred. The motion is DENIED as to defendants Kurt Graham and Kenneth Bourne. IT IS FURTHER ORDERED that 29 the defendants motion to dismiss is GRANTED. The plaintiff's claims against the Las Vegas Metropolitan Police Department are dismissed with prejudice as time- barred. The claims against former Sheriff Do uglas Gillespie are also dismissed with prejudice and without leave to amend. This case proceeds on Foley's claims against defendants Graham and Bourne only. IT IS FURTHER ORDERED that this case is referred to the magistrate judge to issue an appropriate order regarding scheduling. Signed by Judge Jennifer A. Dorsey on 2/11/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
43
ORDER. IT IS ORDERED that 41 pro se Plaintiff Michael Foley's Motion for CM/ECF Access is GRANTED. Plaintiff may contact the Clerk's office (702-464-5400) to set-up his CM/ECF account. Signed by Magistrate Judge Cam Ferenbach on 8/19/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
17
ORDER that 14 Foley's Objection to 13 Judge Ferenbach's without-prejudice dismissal is OVERRULED. FURTHER ORDERED that all claims against defendants Teuton, Grierson, Lok, and John Does #5-9 are DISMISSED with prejudice because these individuals are immune from suit. FURTHER ORDERED that Foley has until July 26, 2018, to file a second amended complaint. If Foley fails to file an amended complaint by this court-ordered deadline, this case will proceed only on his unlawful-arrest c laim against Defendants Graham, Bourne, and John Doe #1; and his excessive-force claim against Graham. Foley may not pursue any claims against Teuton, Grierson, Lok, and John Does #5-9. FURTHER ORDERED that if Foley files a second-amended complaint, the Clerk of Court is directed not to issue summons on the second-amended complaint. The court will issue a separate order screening the amended complaint and address the issue of summons at that time, if applicable. Signed by Judge Jennifer A. Dorsey on 6/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
16
ORDER that 15 Motion to Extend Time to File Amended Complaint is GRANTED. If the report and recommendation is affirmed, the Second Amended Complaint is due 30 days from the entry of the Order on the R&R. Signed by Magistrate Judge Cam Ferenbach on 4/16/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
13
ORDER that 7 First Amended Complaint is DISMISSED WITHOUT PREJUDICE.FURTHER ORDERED that Foley has until March 29, 2018 to file a Second Amended Complaint. Should Foley not file a Second Amended Complaint, the Court will follow the Court' s March 27, 2017 Order regarding the claims that may proceed. FURTHER ORDERED that if a Second Amended Complaint is later filed, the Clerk of the Court is directed NOT to issue summons on the Second Amended Complaint. Signed by Magistrate Judge Cam Ferenbach on 2/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
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ORDER that 3 Report and Recommendation is ADOPTED in part. FURTHER ORDERED that Foley has until April 24, 2017, to file an amended complaint. If Foley fails to file an amended complaint by this deadline, this case will proceed only on his unlawful-arrest claim against Investigators Graham and Bourne and his excessive-force claim against Graham. Signed by Judge Jennifer A. Dorsey on 3/24/17. (Copies have been distributed pursuant to the NEF - MMM)
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