White v. Leavitt et al
| Toney Anthoney White |
| Carey, Harvey Gruber, Michelle Leavitt and Mark Schwartzer |
| 2:2018cv00008 |
| January 2, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A. Dorsey |
| Peggy A. Leen |
| 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
187
ORDER Granting 186 Stipulation to Dismiss with Prejudice. Each side to bear its own fees and costs. ORDER Denying as moot 143 Objection to Magistrate Judge Order. The Clerk of Court is directed to close this case. This case is now closed. Signed by Judge Jennifer A. Dorsey on 12/29/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Filing
160
ORDER granting in part and denying in part ECF Nos. 141 , 144 Motions to Compel. Defendants must provide (1) responsive documents to RFP Nos. 2 and 5, and (2) the incident report summarizing the "kite" filed in relation to the January 14, 2018 incident within 10 days of this Order (10/12/2023). Signed by Magistrate Judge Brenda Weksler on 10/2/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
138
ORDER granting in part and denying in part 117 Motion to Advance Litigation. IT IS FURTHER ORDERED that the hearing set for August 14, 2023 is VACATED. Signed by Magistrate Judge Brenda Weksler on 8/11/2023. (Copies have been distributed pursuant to the NEF - CT)
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Filing
86
ORDER granting 68 Motion to Dismiss; White's claims for negligence and intentional infliction of emotional distress are DISMISSED with prejudice. This case proceeds only on White's Fourteenth Amendment failure-to-protect claim. ORDER granting in part 75 Motion; The Clerk of Court is directed to REVOKE White's in forma pauperis status. ORDER denying 76 Motion for Sanctions. Signed by Judge Jennifer A. Dorsey on 2/1/2023. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
82
ORDER Granting 81 Motion to Extend Time (First Request) re 75 Motion. Replies due by 11/17/2022. Signed by Magistrate Judge Brenda Weksler on 11/8/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
78
ORDER Granting 77 Motion to Extend Time. Responses re 76 Motion for Sanctions and 75 Motion to Revoke Plaintiff's In Forma Pauperis Status due by 11/13/2022. Signed by Magistrate Judge Brenda Weksler on 10/12/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing
53
ORDER denying as moot 44 Motion to Extend Copy Work; ORDER granting in part and denying in part 50 Motion to extend copy work limit; The Nevada Department of Corrections must extend Plaintiff's prison copy work limit by another $50.00. Signed by Magistrate Judge Brenda Weksler on 7/30/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
46
ORDER denying 42 Motion for Reconsideration; Plaintiff's second amended complaint (ECF No. 43 ) is referred to the magistrate judge for screening to determine if it states a claim permitted by this court's August 10, 2020, order (ECF No. 38 ) outlining the scope of allowable amendment. Plaintiff is cautioned that screening may take several months. Signed by Judge Jennifer A. Dorsey on 6/9/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
41
ORDER granting 39 Motion for Clarification. The answer to White's request for clarification is no; White may not add claims, allegations, and defendants related to those additional events. IT IS FURTHER ORDERED that the 40 Motion to Extend Time is GRANTED in part. White's 9/10/2020 deadline to file the 38 amended complaint is extended to 9/17/2020. Signed by Judge Jennifer A. Dorsey on 8/17/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
38
ORDER. IT IS HEREBY ORDERED that White's Objections to the Magistrate Judge's 2/20/2020 Order 25 are OVERRULED. White has until 9/10/2020 to file a Second Amended Complaint that incorporates all claims against any defendant arisi ng from the threat that White alleges Dean posed to him. If White does not file an amended complaint by this deadline, this case will proceed on his single claim against Defendant Carey only. IT IS FURTHER ORDERED that White's Motions for C ourt Action 28 and 31 are DENIED. IT IS FURTHER ORDERED that the Notice of Intent to Dismiss under FRCP 4(m) 33 is VACATED, and White's Motions to Stay Rule 4(m) Dismissal 35 , 37 are DENIED as moot. Signed by Judge Jennifer A. Dorsey on 8/10/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
24
ORDER. IT IS ORDERED that 20 Plaintiff's Motion for Review of Amended Complaint is DENIED.IT IS FURTHER ORDERED that 21 Plaintiff's Motion for Service of Defendants is DENIED. IT IS FURTHER ORDERED that if Plaintiff seeks to file an amended complaint, he must file it by 3/23/20. See Order for further specifications. Signed by Magistrate Judge Brenda Weksler on 2/20/2020. (Copies have been distributed pursuant to the NEF - Encl.: Summons, USM 285 Form - ADR)
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Filing
11
ORDER that Plaintiff must complete service on or before 7/16/2019; the Clerk shall re-issue summons to Defendant Carey for service along with a copy of ECF No. 4 Complaint and a copy of this order (Emailed Docket Vegas for distribution); Clerk directed to send Plaintiff 1 USM-285-form (Mailed to P on 4/17/2019); Plaintiff shall have until 5/17/2019 to forward the completed USM-285 form to the U.S. Marshal; U.S. Marshal to show whether service has been accomplished; Plaintiff shall serve defendant a copy of all pleadings and include certificate of service. See order for further details. Signed by Magistrate Judge Peggy A. Leen on 4/16/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
9
ORDER. IT IS ORDERED that 7 Plaintiff Toney Anthoney White's Motion to Stay Case is DENIED. IT IS FURTHER ORDERED that 8 the Motion for Extension of Time to Amend Complaint is GRANTED. Amended Complaint deadline: 3/25/2019. Signed by Magistrate Judge Peggy A. Leen on 2/22/2019. (Copies have been distributed pursuant to the NEF - Encl.: blank form complaint for § 1983 civil rights actions along with the instructions, Complaint (ECF No. 4 ), Screening Order (ECF No. 3 ), and this Order - ADR)
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Filing
5
ORDER. IT IS ORDERED that, pursuant to 3 the Court's screening order, this action will proceed on the failure-to-protect claim against Carey only. IT IS FURTHER ORDERED that the Clerk of Court WILL ISSUE a summons for Defendant Carey, AND DEL IVER THE SAME, to the U.S. Marshal for service. IT IS FURTHER ORDERED that the Clerk WILL SEND to Plaintiff one (1) USM-285 form. Signed by Magistrate Judge Peggy A. Leen on 1/8/2019. (Copies have been distributed pursuant to the NEF - cc: USM -ADR)
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Filing
3
ORDER. IT IS ORDERED that 1 White's application to proceed in forma pauperis without having to prepay the full filing fee is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court is directed to FILE 1 -1 the complaint. IT IS FURTH ER ORDERED that White's claims against defendants Leavitt, Schwartzer, and Gruber areDISMISSED without prejudice. Amended complaint due by: 12/27/18. Signed by Judge Jennifer A. Dorsey on 11/27/2018. (Copies have been distributed pursuant to the NEF - cc: CCDC AccountingSupervisor; Encl: § 1983 prisoner complaint, instructions for the same, and a copy of his original complaint - ADR)
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