Banks v. Las Vegas Metropolitan Police Department et al
| James Vincent Banks |
| Las Vegas Metropolitan Police Department, Joseph Lombardo, Michael Johnson, Joshua Costello, Sergant Thomas Thompson, C. Myer, Sgt. Taylor, Derek Franklin, Dante Tromba, Brian Fucile, Doctor-Carey-Doe (M.D), Nurse-Marcus-Doe (RN), Okada, Oscar Cardenas (P#16013), Joshua Imperial (P#15481), WellPattt, Inc., LLC, Ivonne, Christopher Pascoe, Joshua Younger and Officer Flitcraft |
| 2:2022cv01413 |
| August 30, 2022 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Elayna J Youchah |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 DISTRICT COURT'S Response to #24 USCA Ninth Circuit Referral Notice. The Clerk of Court is directed to serve a copy of this response on the parties and the Ninth Circuit Court of Appeals. Signed by Judge Cristina D. Silva on 6/7/2023. (CC: USCA - KF) Modified on 6/9/2023 (HAM). |
| Filing 24 REFERRAL NOTICE of USCA, Ninth Circuit, as to #22 Notice of Appeal filed by James Vincent Banks. This matter is referred to USDC for the limited purpose of determining whether IFP status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If USDC elects to revoke IFP status, the USDC is requested to notify the USCA and the parties of such determination within 21 days of the date of this referral. USCA Case No. 23-15749. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 23 USCA ORDER for Time Schedule as to #22 Notice of Appeal filed by James Vincent Banks. USCA Case Number 23-15749. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 22 NOTICE OF APPEAL as to #20 Order by Plaintiff James Vincent Banks. Filing fee $ 505 (DUE). E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (JQC) |
| Filing 21 Mail Returned as Undeliverable re #10 Report and Recommendation, addressed to James Vincent Banks. Envelope marked Return to Sender; No new address. (JQC) |
Filing 20
ORDER adopting #10 Report and Recommendation. IT IS FURTHER ORDERED that Banks's motion to vacate (ECF No. #17 ) is DENIED. IT IS FURTHER ORDERED that the Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Cristina D. Silva on 4/4/2023. Case terminated. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 19
ORDER denying #18 Motion to Extend Time to Vacate Judgement Order Report and Recommendation. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2023. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 18 MOTION to Extend Time (First Request) to File Motion to Vacate Judgment by Plaintiff James Vincent Banks. Responses due by 4/12/2023. (HAM) (nondispositive) |
| Filing 17 MOTION to Vacate Judgment by Plaintiff James Vincent Banks. Responses due by 3/29/2023. (HAM) (misc) (nondispositive) |
| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 3/2/2023. In plaintiff James Banks' second motion for an extension of time, he seeks additional time to file an objection to the magistrate judge's report and recommendation (ECF No. #10 ). ECF No. #14 . While that motion did not specify the amount of additional time Banks seeks, the duplicative second motion filed on the same day requests another 15 days. ECF No. #15 . Because Banks, who is proceeding pro se, requests additional time due to illness and technical difficulties, IT IS HEREBY ORDERED that his motion requesting an extension of time (ECF No. #15 ) is GRANTED. The deadline for Banks to file objections to the report and recommendation is extended to March 15, 2023. IT IS FURTHER ORDERED that plaintiff's motion (ECF No. #14 ) is DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 15 MOTION to Extend Time (Second Request) re #11 Notice of Change of Address and #13 Order on Motion by Plaintiff James Vincent Banks. Responses due by 3/15/2023. (Attachments: #1 Duplicate Copy Submitted for Filing)(HAM) (presiding) |
| Filing 14 MOTION to Extend Time to File Objection (Second Request) re #10 Report and Recommendation, by Plaintiff James Vincent Banks. Responses due by 3/15/2023. (HAM) (presiding) |
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Filing 13
ORDER granting #12 Motion Re: #10 Report and Recommendation, Objections to R&R due by 2/28/2023. Signed by Magistrate Judge Elayna J. Youchah on 2/13/2023. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 12 MOTION to Extend Time to File Objection re #10 Report and Recommendation, by Plaintiff James Vincent Banks. Responses due by 2/27/2023. (HAM) (misc) (nondispositive) |
| Filing 11 NOTICE of Change of Address by Plaintiff James Vincent Banks. Address updated to 9947 S. Shiloh Heights St., Las Vegas, NV 89178. (HAM) |
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Filing 10
REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that this matter be dismissed without prejudice for failure to comply with the Court's Orders. Objections to R&R due by 2/10/2023. Signed by Magistrate Judge Elayna J. Youchah on 1/27/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 9
ORDER that no later than 1/23/2023 Plaintiff must file his current mailing address with the Court so that the Court may resend the USM-285 forms to Plaintiff for completion. IT IS FURTHER ORDERED that if Plaintiff fails to file his current address with the Court on or before 1/23/2023, the Court will issue a Report and Recommendation to dismiss this matter without prejudice. Signed by Magistrate Judge Elayna J. Youchah on 12/19/2022. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 8 SUMMONS Returned Unexecuted by James Vincent Banks as to Oscar Cardenas (P#16013), Joshua Costello, Flitcraft, Derek Franklin, Joshua Imperial (P#15481), C. Myer, Okada, John Doe re #7 Summons Issued. (HAM) |
| Filing 7 SUMMONS ISSUED as to Oscar Cardenas (P#16013), Joshua Costello, Flitcraft, Derek Franklin, Joshua Imperial (P#15481), C. Myer, Okada andJohn Doe Officer re #4 Complaint. (HAM) |
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Filing 6
ORDER. IT IS ORDERED that this action will proceed (i) against Defendants C. Myer, Oscar Cardenas, Derek Franklin, Joshua Costello, Okada, and Joshua Imperial on the Fourteenth Amendment excessive force claim, and (ii) against Defendants Flitcraft and John Doe Officer on the First Amendment retaliation claim. IT IS FURTHER ORDERED that Plaintiff must complete the USM-285 forms for Defendants C. Myer, Oscar Cardenas, Derek Franklin, Joshua Costello, Okada, Joshua Imperial, Flitcraft, and John Doe Officer, to the best of his ability, and return the same to the Clerk's Office by mail no later than December 5, 2022. Signed by Magistrate Judge Elayna J. Youchah on 11/3/2022. (Copies have been distributed pursuant to the NEF - summons to issue with complaint and order 8x to USM; 8 copies of USM 285 to P - HAM) Modified on 11/4/2022 (HAM).
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| Filing 5 Notice of Change of Address from Plaintiff. Address updated to 3529 Rosewood Street Las Vegas, NV 89103. (HAM) |
| Filing 4 COMPLAINT against All Defendants by James Vincent Banks. (HAM) (Additional attachment(s) added on 9/19/2022: #1 Exhibit, #2 Exhibit, #3 Exhibit) (HAM). |
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Filing 3
SCREENING ORDER. ORDER granting #1 Motion/Application for Leave to Proceed in forma pauperis. Amended Complaint deadline: 10/19/2022. It is further ordered that Officer Flitcraft be included in this case as a Defendant. It is further ordered that the Fourteenth Amendment excessive force claim will proceed against Defendants Myer, Cardenas, Franklin, Costello, Okada, and Imperial. Signed by Judge Cristina D. Silva on 9/19/2022. (copy of complaint sent to P)(Copies have been distributed pursuant to the NEF - ad hoc: NVD Finance; by mail to CCDC Accounting Supervisor; by mail to P: complaint/exhibits and 1983 complaint form/instructions - HAM)
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| Filing 2 ADVISORY LETTER to litigant. (HAM) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff James Vincent Banks. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit A/B, #4 Exhibit C)(HAM) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (TRW) |
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