Timmons v. Dolly et al
| Tolavius Timmons |
| Aramark, Cadet #10102, Bonnie Dolly, Officer Estrada, J 14945, Massucci, Ofc 7647 and Sgt 8593 |
| 2:2017cv00361 |
| February 3, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A. Dorsey |
| Nancy J. Koppe |
| Prisoner: Civil Rights |
| 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
60
ORDER. IT IS ORDERED that 57 the defendants' motion for summary judgment is GRANTED. Signed by Judge Andrew P. Gordon on 1/7/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
59
ORDER. IT IS ORDERED that that plaintiff Tolavius Timmons' claims against defendants Clark County, the Dietician, Estrada, Martinez, Officer 5577, Officer Owens #J149450, Officer Lewis, Sergeant 8593, and Sergeant Massuci are DISMISSED with prejudice. Signed by Judge Andrew P. Gordon on 12/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
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ORDER. IT IS ORDERED that 50 the defendants' motion for summary judgment is GRANTED in part as set forth in this order. IT IS FURTHER ORDERED that by 12/4/2020, plaintiff Tolavius Timmons shall show cause in writing why his remaining claims against defendants. See Order for Details. IT IS FURTHER ORDERED that the dispositive motion deadline is extended to 12/7/2020. If no summary judgment motions are filed by that date, then the proposed joint pretrial order is due by 12/28/2020. Signed by Judge Andrew P. Gordon on 11/10/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
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ORDER. IT IS ORDERED the defendants to file a status report by 10/22/2020. Failure to comply will result in the denial of the defendants sanction request. Signed by Judge Andrew P. Gordon on 10/8/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
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ORDER. IT IS ORDERED that if the defendants want me to consider their request for sanctions, they must file the proper certification by 10/7/2020. Failure to comply will result in the denial of the defendants sanction request. Signed by Judge Andrew P. Gordon on 9/16/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
47
ORDER Granting 45 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge Nancy J. Koppe on 8/6/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
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ORDER Granting 33 Motion to Remove Attorney Susana Santana from Electronic Service List. Signed by Magistrate Judge Nancy J. Koppe on 5/14/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
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ORDER Granting 28 Motion to Extend Time Re: 8 Second Amended Complaint. Aramark answer due 5/24/2019. Signed by Magistrate Judge Nancy J. Koppe on 4/24/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
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ORDER that the Court SEALS and STRIKES 14 Letter. Signed by Magistrate Judge Nancy J. Koppe on 3/26/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
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ORDER that the following claims MAY PROCEED: The Count I First Amendment free-exercise-of-religion claim againstPolley; The Count I conditions-of-confinement claim against Polley, Aramark,CCDC dietician, CO #J149450, CO Verduzco 7647, CO Estrada, Sg t.Cadet, and Sgt. Massucci; The Count II equal-protection claims against CO Lewis, CO #J149450,CO Estrada, and CO Verduzco 7647; The Count III free-exercise claims against Polley, CO Verduzco 7647,and Sgt. 8593; The Count III retaliation claims agai nst Polley, CO Verduzco 7647, andSgt. 8593; The Count I and Count II RLUIPA claims against Polley; The Count III RLUIPA claim against Polley, CO Verduzco 7647, Sgt. 8593, and CO Lewis; The Count III free-exercise and RLUIPA claims against Cpt. Peral ta; The Count IV conditions-of-confinement claim, free-exercise claim, and RLUIPA claims against Clark County, the LVMPD, Sheriff Lombardo, and Cpt. Peralta (based on the alleged custom of denying Muslim inmates adequate food during Ramadan 2016); The Count IV RLUIPA and free-exercise of religion claims against Lt. Taylor; The Count V conditions-of-confinement, RLUIPA, free-exercise, retaliation, and equal-protection (based on alleged discrimination against Muslims regarding dietary accommoda tions and food storage) claims, against Polley, kitchen officer 5577, and Martinez; The Count VI conditions-of-confinement claim, RLUIPA, and free exercise claims against Clark County, LVMPD, Cpt. Peralta, and Sheriff Lombardo (based on the alleged custom of not serving adequate quantities of Halal food during Ramadan 2017); and The Count VI equal-protection claims against Clark County and LVMPD.The following claims are DISMISSED with prejudice and without leave to amend: The Count IV ADA and right-to-petition-the-government claims; The Count IV policy claims; The Count V class-of-one equal-protection claims; The Count V redress-of-grievances claim; and The Count VI claims based on vague allegations concerning policies about religio us literature, grievances, and vague oppressive, discriminatory, and abusive practices; The failure to train claims in Count IV and VI are DISMISSED without prejudice.FURTHER ORDERED that any defendant not mentioned in this conclusion is dismisse d from the action.FURTHER ORDERED that the Clerk of Court is directed to issue summonses for Defendants Bonnie Polley, Aramark, Dietician of CCDC, CO Owens #J149450, CO Verduzco 7647, CO Estrada, Sgt. Cadet, Sgt. Massucci, CO Lewis, CO #J149450, S gt. 8593; LVMPD, Sheriff Joe Lombardo, Cpt. Andrew Peralta, Lt. Taylor; kitchen officer 5577, Peggy Martinez, and Clark County, AND DELIVER THE SAME, to the U.S. Marshal for service. The Clerk is also directed to send to plaintiff 18 USM-285 forms an d a copy of this order at High Desert State Prison, addressed to Tolavius Timmons, 1209840. The Clerk is further directed to send a copy of the second-amended complaint [ECF No. 8] and a copy of this order to the U.S. Marshal for service on defendant s. Plaintiff will then have 30 days to furnish to the U.S. Marshal the required USM-285 forms with relevant information for each defendant on each form. Within 20 days after receiving from the U.S. Marshal a copy of the USM-285 forms showing whether service has been accomplished, plaintiff must file a notice with the Court identifying which defendants were served and which were not served, if any. The Clerk is further directed to change the name "Bonnie Polly" on the docket to "Bo nnie Polley" and to issue the summons with the corrected spelling.FURTHER ORDERED that plaintiff shall provide notice to the court of his change of address within 30 days of this order. Failure to do so may lead to dismissal of this action.Signed by Judge Jennifer A. Dorsey on 1/29/2019. (Copies have been distributed pursuant to the NEF - MMM)
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