Mitchell v. Las Vegas Metropolitan Police Department
| Richard L Mitchell |
| Las Vegas Metropolitan Police Department |
| 2:2018cv00646 |
| April 10, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F. Boulware |
| George Foley |
| Civil Rights: Other |
| 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
175
ORDER denying without prejudice 174 Motion for Reconsideration. Any objections to Orders 165 , 168 and 171 due by 5/8/2024. Signed by Magistrate Judge Elayna J. Youchah on 4/23/2024. (Copies have been distributed pursuant to the NEF - MAM)
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Filing
173
ORDER granting 172 Motion for Notice of Not Receiving ECF Documents. IT IS FURTHER ORDERED that the Clerk of Court must mail copies of ECF Nos. 165, 168, and 171 to Plaintiff at his current address. IT IS FURTHER ORDERED that going forward Defen dants must serve Plaintiff with all documents they file by mailing the same to Plaintiff at his current address. IT IS FURTHER ORDERED that the Clerk of Court, going forward, must mail copies of all Orders entered by the Court to Plaintiff by mail ing the same to him at his current address. Signed by Magistrate Judge Elayna J. Youchah on 4/15/2024. (Copies have been distributed pursuant to the NEF. Copies of ECF Nos. 165 , 168 , 171 mailed to Plaintiff. - MAM) Modified on 4/15/2024 (MAM).
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Filing
132
ORDER to Produce for Videoconference as to Robert L. Mitchell. Signed by Judge Richard F. Boulware, II on 5/19/2023. (Copies have been distributed pursuant to the NEF - CAH)
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Filing
126
ORDER. IS HEREBY ORDERED that the Warden of Southern Desert Correctional Center, or her designee, shall arrange for and produce RICHARD L. MITCHELL, #1209011, on or about Tuesday, 5/23/2023, at the hour of 9:30 a.m., for a videoconference hearing by zoomgov technology. Signed by Judge Richard F. Boulware, II on 4/19/2023. (Copies have been distributed pursuant to the NEF -CC: Distribution made by CRD - JQC)
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Filing
121
ORDER. IT IS ORDERED that the Warden of Southern Desert Correctional Center, or her designee, shall arrange for and produce RICHARD L. MITCHELL, #1209011, on or about Thursday, 3/23/2023, at the hour of 10:30 a.m., for a videoconference hearing by zoomgov technology. Signed by Judge Richard F. Boulware, II on 2/28/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
97
ORDER Denying 91 Motion to Prevent Harassment and Denying 92 Motion for Appointment of Counsel filed by Plaintiff Richard L. Mitchell. Signed by Magistrate Judge Elayna J. Youchah on 7/6/2022. (Copies have been distributed pursuant to the NEF - ABG)
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Filing
93
ORDER. IT IS ORDERED that 90 Plaintiff's Motion for Enlargement of Time, is GRANTED in part and DENIED in part. Counsel shall file such notice no later than 7/5/2022. Signed by Magistrate Judge Elayna J. Youchah on 6/22/2022. (Attachments: # 1 ECF No. 86, # 2 ECF No. 89, # 3 ECF No. 90)(Copies have been distributed pursuant to the NEF - JQC)
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Filing
83
ORDER. IT IS ORDERED that Plaintiffs request to take depositions appearing in his filing at ECF No. 77 is DENIED without prejudice as to Defendant Sergeant Garcia. Signed by Magistrate Judge Elayna J. Youchah on 4/12/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
78
ORDER Granting 68 Motion to Take Deposition. Responses due by 4/11/2022. Signed by Magistrate Judge Elayna J. Youchah on 3/29/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
71
ORDER Granting 69 Motion for Request of Filings. Signed by Magistrate Judge Elayna J. Youchah on 3/17/2022. (Copies have been distributed pursuant to the NEF -ECF Nos. 1-1 and 22 sent to P - JQC)
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Filing
63
ORDER Denying 60 Motion to Compel Las Vegas Metropolitan Police Department to Disclose Records. Plaintiff's Motion for Reconsideration of the denial of appointment of counsel is DENIED. Signed by Magistrate Judge Elayna J. Youchah on 2/7/2022. (Copies have been distributed pursuant to the NEF - JQC) Modified text on 2/7/2022 (SLD).
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Filing
50
ORDER Re: 49 Minute Order and Plaintiff's request for documents. The Clerk of Court shall mail to Plaintiff the Court's Minute Orders, 45 and 47 entered on the docket. The Nevada Department of Corrections shall ensure Plaintiff receives his mail promptly such that he is not prejudiced in his ability to participate in the prosecution of this action. Signed by Magistrate Judge Elayna J. Youchah on 11/30/2021. (Copies have been distributed pursuant to the NEF, Copy of order mailed to William Hutchings, Warden Southern Desert Correctional Center - DRS)
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Filing
44
ORDER. IT IS ORDERED that 43 Plaintiffs Motion to View C.D. is GRANTED. Signed by Magistrate Judge Elayna J. Youchah on 10/7/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
38
ORDER Granting 32 , 37 Motions to Strike. See Order for details/deadlines. Signed by Magistrate Judge Elayna J. Youchah on 5/25/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing
33
ORDER. IT IS ORDERED that 23 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff is given one, and only one, final opportunity to file a second amended complaint correcting the above deficiencies within thirty (30) court days from the date this Report and Recommendation is accepted and adopted. Signed by Judge Richard F. Boulware, II on 5/11/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
23
ORDER and REPORT AND RECOMMENDATION Re: Plaintiff's 22 Second Amended Complaint. Objections to R&R due by 3/17/2021. IT IS HEREBY ORDERED that Plaintiff's Fourth Amendment excessive force claims against LVMPD Officers Stephen and Garc ia shall proceed. IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve a copy of this Order and Report and Recommendation and a copy of Plaintiff's 22 Second Amended Complaint on the Office of the Attorney General of the State of Nevada by adding the Attorney General to the docket sheet. IT IS FURTHER ORDERED that the Attorney General must advise the Court within twenty-one (21) court days whether he will enter a limited notice of appearance on behalf of Def endants Stephen and Garcia. IT IS FURTHER ORDERED that if the Attorney General accepts service for any named Defendants, they must file and serve an answer or other response within sixty (60) court days.IT IS HEREBY RECOMMENDED that Plaintiff' ;s Section 1983 claim against the Las Vegas Metropolitan Police Department, Eighth Amendment cruel and unusual punishment, and Fourteenth Amendment equal protection against Officers Stephen and Garcia be DISMISSED with prejudice. IT IS FURTHER RECOM MENDED that Plaintiff's state law intentional infliction of emotional distress, and negligent infliction of emotional distress claims be DISMISSED without prejudice, but without leave to amend. Signed by Magistrate Judge Elayna J. Youchah on 3/3/2021. (Attachments: # 1 Second Amended Complaint) (Copies have been distributed pursuant to the NEF - HAM)
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Filing
20
ORDER. IT IS ORDERED that Plaintiffs Fourth Amendment excessive force claim against LVMPD Officer Garcia shall proceed as stated in his Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall have twenty (20) court days from the date he receiv es the USM-285 form in which to return the completed forms to the U.S. Marshal. IT IS FURTHER ORDERED that 19 Plaintiff's Ex Parte Motion for Appointment of Counsel is DENIED without prejudice. IT IS HEREBY RECOMMENDED that Plaintiffs claims a gainst the State of Nevada, claims for money damages against LVMPD Officers Stephen and Garcia in their official capacities be DISMISSED with prejudice as amendment would be futile. Objections to R&R due by 1/27/2021. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 1/13/2021. (Copies have been distributed pursuant to the NEF -cc: USM285 sent to P - JQC)
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Filing
14
ORDER granting 13 Motion to Extend Time; Amended Complaint deadline: 6/17/2019. Signed by Magistrate Judge George Foley, Jr on 5/20/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
10
ORDER. IT IS HEREBY ORDERED that 9 Plaintiff's Motion for Appointment of Counsel is denied without prejudice. IT IS FURTHER ORDERED that Plaintiff shall filed his amended complaint no later than 5/17/19. Signed by Magistrate Judge George Foley, Jr on 4/19/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
7
ORDER granting 6 Motion to Extend Time. Plaintiff shall file his amended complaint no later than March 30, 2019. Signed by Magistrate Judge George Foley, Jr on 3/4/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
4
ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to Plaintiff's account (inmate #1209011), in the months that the account exceeds $10.00, until the full $400 (which includes the $350 filing fee and $50 administrati ve fee) filing fees have been paid for this action. The Clerk of the Court shall send a copy of this Order to the Finance Division of the Clerk's Office. The Clerk shall also send a copy of this Order to the attention of the Chief of Inmate Serv ices for the Nevada Department of Corrections. FURTHER ORDERED that Plaintiff's Complaint be dismissed without prejudice with leave to amend. Plaintiff shall have until February 22, 2019 to file an amended complaint correcting the noted deficiencies. Signed by Magistrate Judge George Foley, Jr on 1/24/2019. (Copies have been distributed pursuant to the NEF: cc Finance; NDOC - MMM)
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| Defendant: Las Vegas Metropolitan Police Department | |
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| Plaintiff: Richard L Mitchell | |
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