Peck v. State of Nevada, ex rel et al
| Frank M. Peck |
| Barbara Cegavski, Dugan, James Dzurenda, Jaques Grahmn, Adam Laxalt, Alexis Lonzano, Julie Matousec, Jennifer Nash, Nevada Department of Corrections, Prison Commissioners, Joel Queroz, Perry Russell, Brian Sandoval, State of Nevada, T. Tiernes, Frank A. Toddre, II, Jerry A. Wiese, Brian Williams, Dwaine Wilson and Ennis Wright |
| 2:2018cv00237 |
| February 8, 2018 |
| 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 |
| 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
251
ORDER Granting 250 Motion to Extend Time to Reply re 218 Motion for Summary Judgment. Replies due by 1/9/2024. Signed by Judge Andrew P. Gordon on 12/22/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing
246
ORDER granting 245 Motion to Extend Time to Respond to 218 Motion for Summary Judgment. Pecks response to the motion for summary judgment is due by December 22, 2023. Signed by Judge Andrew P. Gordon on 10/18/2023. (Copies have been distributed pursuant to the NEF - CAH)
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Filing
244
ORDER. Magistrate Judge Ferenbach's 235 Order is AFFIRMED, Mr. Pecks 238 objection is DENIED, and Mr. Peck's 240 motion to grant his motion as unopposed is DENIED. Signed by Judge Andrew P. Gordon on 8/21/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
237
ORDER Granting 236 Motion to Extend Time. Responses due by 8/21/2023. Signed by Judge Andrew P. Gordon on 6/20/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
235
ORDER denying 231 Motion to Compel and granting 233 Motion to Extend Time. Signed by Magistrate Judge Cam Ferenbach on 6/14/2023. (Copies have been distributed pursuant to the NEF - CAH)
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Filing
229
ORDER that Pecks motion for copy of docket (ECF No. 225 ) is added to thevideo conference hearing scheduled for 1:00 PM, 3/21/2023, before Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Filing
228
ORDER Granting 226 Motion to Extend Time (First Request) to Respond re 218 Motion for Summary Judgment. Responses due by 3/31/2023. Signed by Judge Andrew P. Gordon on 2/1/2023. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
205
ORDER. IT IS THEREFORE ORDERED that plaintiff Frank Peck's motion for reconsideration (ECF No. 192 ) is DENIED. IT IS FURTHER ORDERED that plaintiff Frank Peck's motion for reconsideration (ECF No. 201 ) is DENIED. IT IS FURTHER ORDERED that plaintiff Frank Peck's motion/notice (ECF No. 203 ) is DENIED. Signed by Judge Andrew P. Gordon on 9/22/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
199
ORDER. IT IS ORDERED that the motion for equal access to HDSP's law library (ECF NO. 194 ) is DENIED as MOOT. IT IS FURTHER ORDERED that the motion to clarify (ECF NO. 195 ) is STRICKEN in this case. Signed by Magistrate Judge Cam Ferenbach on 5/23/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
191
ORDER. IT IS ORDERED that Magistrate Judge Ferenbach's report and recommendation (ECF No. 188 ) is accepted in part and modified in part as follows: The defendants' motion to dismiss (ECF No. 142 ) is GRANTED in part. All of plaintiff F rank M. Peck's claims in the second amended complaint are dismissed with prejudice except for count II(b) against defendant Quiroz based on OIC 436405; count VII(b) against Wilson based on OIC 416492; and count X(a) against Moka based on his all eged refusal to answer the call button. Plaintiff Frank M. Peck's motion for meaningful law library access (ECF No. 176 ) is DENIED. Plaintiff Frank M. Peck is precluded from further amending his claims in this case. Signed by Judge Andrew P. Gordon on 3/19/2022. (Copies have been distributed pursuant to the NEF - HAM) Modified Judge's signature date on 3/21/2022 (SLD).
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Filing
188
REPORT AND RECOMMENDATION that 142 Motion to Dismiss Second Amended Complaint be GRANTED and that second amended complaint be DISMISSED with PREJUDICE, that 176 Motion for Meaningful Law Library Access be DENIED. IT IS FURTHER RECOMMENDED that Frank Peck be deemed a VEXATIOUS LITIGANT and that he be required to seek LEAVE of court before filing any additional actions in the District of Nevada. IT IS ORDERED that 178 Motion to Submit a Motion be DENIED AS MOOT. Objections to R&R due by 2/1/2022. Signed by Magistrate Judge Cam Ferenbach on 1/18/2022. (Copies have been distributed pursuant to the NEF - YAW) Modified text on 1/19/2022 (EDS).
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Filing
182
ORDER Granting 181 Motion to Extend Time to Respond to 142 Defendant's Motion to Dismiss the Second Amended Complaint (Seventh Request) filed by Plaintiff Frank M. Peck. Responses due by 9/9/2021. See Order for additional information. Signed by Magistrate Judge Cam Ferenbach on 7/29/2021. (Copies have been distributed pursuant to the NEF - YAW) Modified on 7/30/2021 (EDS).
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Filing
175
ORDER Granting 174 Motion to Extend Time re 142 Motion to Dismiss (Sixth Request). Responses due by 7/26/2021. Signed by Judge Andrew P. Gordon on 6/8/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing
173
ORDER granting 172 Motion to Extend Time Re: 142 Motion to Dismiss; Responses due by 6/11/2021. Signed by Judge Andrew P. Gordon on 5/12/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
171
ORDER Denying 166 Motion for Appointment of Counsel and Denying without prejudice MOTION for Law Library Access. Signed by Magistrate Judge Cam Ferenbach on 4/13/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
165
ORDER Denying 157 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1; and AFFIRMING the Magistrate's 156 Order on Motion. Signed by Judge Andrew P. Gordon on 2/22/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
164
ORDER Denying 161 Motion for Preliminary Injunction and 162 Motion for Temporary Restraining Order. Signed by Judge Andrew P. Gordon on 2/5/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
160
ORDER granting 158 Motion to Extend Time Re: 142 Motion to Dismiss. Responses due by 3/8/2021. Signed by Judge Andrew P. Gordon on 2/2/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
153
ORDER granting 152 Motion to Extend Time; Re: 142 Motion to Dismiss. Signed by Judge Andrew P. Gordon on 12/1/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
144
ORDER granting 143 Motion to Extend Time; Re: 142 Motion to Dismiss. Responses due by 12/5/2020. Signed by Judge Andrew P. Gordon on 10/16/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
141
ORDER denying 140 Motion; Defendants' answer due 10/5/2020. Signed by Magistrate Judge Cam Ferenbach on 9/14/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
138
ORDER granting 134 Motion to Extend Time; Second Amended Complaint deadline: 8/7/2020. Signed by Judge Andrew P. Gordon on 7/22/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
130
ORDER granting 106 Motion to Dismiss (see order for details); ORDER denying 123 Motion for Leave to File Document; ORDER denying 125 Motion; ORDER denying 129 Motion; Second Amended Complaint deadline: 6/15/2020. Signed by Judge Andrew P. Gordon on 5/13/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
121
ORDER denying 114 Motion to Strike; ORDER granting 116 Motion to Extend Time; Re: 106 Motion to Dismiss, Replies due by 11/8/2019. Signed by Judge Andrew P. Gordon on 10/9/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
110
ORDER granting in part 64 Motion; ORDER denying 87 Motion; ORDER denying 95 Motion for Sanctions; Defendants must file a statement no later than July 30, 2019 regarding the camera/video. Signed by Magistrate Judge Cam Ferenbach on 7/15/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
105
ORDER denying 68 Motion for Preliminary Injunction; ORDER denying 69 Motion for Temporary Restraining Order; ORDER denying 81 Motion; Signed by Judge Andrew P. Gordon on 6/25/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
90
ORDER that Magistrate Judge Ferenbach's 61 and 63 Orders are AFFIRMED in their entirety and Plaintiff's 66 Objection is OVERRULED. Signed by Judge Andrew P. Gordon on 5/22/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
79
ORDER granting 76 Motion to Extend Time; Re: 68 Motion for Preliminary Injunction, 69 Motion for TRO. Responses due by 5/28/2019. Signed by Judge Andrew P. Gordon on 4/26/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
65
ORDER that Plaintiff may proceed in this action with his First Amended Complaint. Defendants State of Nevada ex rel., the Nevada Department of Corrections, the Board of Prison Commissioners, and Judge Wiese remain dismissed with prejudice. Within 21 days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court. Defendants have 90 days from the date of this Order to file and serve an answer or other response to the First Amended Complaint. Signed by Magistrate Judge Cam Ferenbach on 4/1/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
63
ORDER denying 50 Motion. Signed by Magistrate Judge Cam Ferenbach on 3/26/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
27
ORDER granting in part and denying in part 20 Motion; ORDER denying 23 Motion; ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis.Nevada Department of Corrections shall pay to the Clerk of the United States Dist rict Court, District of Nevada, 20% of the preceding month's deposits to Plaintiff's account. Service must be perfected within ninety (90) days from the date of this order. Signed by Magistrate Judge Cam Ferenbach on 1/2/2019. (Copies have been distributed pursuant to the NEF, cc: NDOC, Finance - JM)
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Filing
24
ORDER that the Office of the Attorney General must file a status report on or before December 21, 2018. Signed by Magistrate Judge Cam Ferenbach on 12/14/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
18
ORDER that the 90-day stay is extended until two days after the rescheduled Inmate Early Mediation Conference. It is further ordered that the Office of the Attorney General shall file a status report no later than two days after the rescheduled Inmate Early Mediation Conference. Signed by Magistrate Judge Cam Ferenbach on 10/1/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
17
ORDER Re: 15 Motion to Continue Hearing. The Early Inmate Session scheduled for September 28, 2018, is VACATED. The court will reschedule the Early Inmate Session at a later date. Signed by Magistrate Judge Cam Ferenbach on 9/27/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
14
ORDER. IT IS ORDERED that a decision on 1 the application to proceed in forma pauperis is deferred. IT IS FURTHER ORDERED that the Court interprets 8 Peck's motion for preservation of evidence as notice to Defendants to preserve the rele vant video evidence. Defendants are so notified through Peck's filing and this order. IT IS FURTHER ORDERED that 4 Peck's motion for temporary restraining order shall not be reopened and 9 his motion for reconsideration is dismissed, w ithout prejudice. IT IS FURTHER ORDERED that 9 Peck's motion for sealing of his motion for reconsideration and this order is denied. Signed by Judge Andrew P. Gordon on 8/13/2018. (Copies have been distributed pursuant to the NEF - ADR)
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