Brown v. Gerston

Plaintiff: Jessica M. Brown
Defendant: Joseph Gerston
Case Number: 2:2024cv00472
Filed: March 11, 2024
Court: US District Court for the District of Nevada
Presiding Judge: Miranda M Du
Referring Judge: Brenda Weksler
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 9, 2024 Filing 10 MOTION to Dismiss by Plaintiff Jessica M. Brown. Responses due by 5/23/2024. (DLS)
April 17, 2024 Filing 9 ORDER Denying as moot #7 Motion/Application for Leave to Proceed in forma pauperis and Denying without prejudice #8 Motion for Appointment of Counsel. IT IS THEREFORE ORDERED that Plaintiff's motion to proceed in forma pauperis (ECF No. #7 ) is DENIED as moot. This Court previously granted her request to proceed in forma pauperis (at ECF No. #5 ) but neglected to state that the full filing fee shall still be due, pursuant to 28 U.S.C. 1915, as amended by the Prisoner Litigation Reform Act. Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of fees or costs or the giving of security therefor. This order granting in forma pauperis status shall not extend to the issuance and/or service of subpoenas at government expense. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. 1915, as amended by the Prisoner Litigation Reform Act, the Florence McClure Women's Correctional Center shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to the account of Jessica Brown, # 1175563 (in months that the account exceeds $10.00) until the full $350 filing fee has been paid for this action. The Clerk shall send a copy of this order to the attention of William Reubart, Warden for Florence McClure Women's Correctional Center, 4370 Smiley Road, Las Vegas, NV 89115. IT IS FURTHER ORDERED that, even if this action is dismissed, or is otherwise unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. 1915, as amended by the Prisoner Litigation Reform Act. IT IS FURTHER ORDERED that the clerk is kindly instructed to mail Plaintiff a copy of ECF No. #5 . IT IS FURTHER ORDERED that Plaintiff will have until May 3, 2024, to file an amended complaint. Failure to file an amended complaint by that date may result in dismissal of the case. IT IS FURTHER ORDERED that the Clerk of Court shall mail Plaintiff a copy of the prisoner, pro se form complaint. Amended Complaint deadline: 5/3/2024. Signed by Magistrate Judge Brenda Weksler on 4/17/2024. (Attachments: #1 Copy of #5 Order and Instructions for Filing a Civil Rights Complaint by an Incarcerated Individual)(Copies have been distributed pursuant to the NEF. CC: Finance. Copy of Order mailed to William Reubart. - RJDG) (For Distribution by law library.)
April 16, 2024 Filing 8 MOTION for Appointment of Counsel by Plaintiff Jessica M. Brown. (DLS)
April 16, 2024 Filing 7 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Jessica M. Brown. (DLS)
April 4, 2024 Filing 6 COMPLAINT by Jessica M. Brown. (Filed and dismissed with leave to amend per ECF No. #5 order). (DLS)
April 2, 2024 Filing 5 ORDER - Plaintiff's IFP Application (ECF No. #4 ) is GRANTED. The Clerk of Court is kindly instructed to detach and separately file Plaintiff's complaint (ECF No. #1 -1). Plaintiff's complaint be dismissed with leave to amend. Amended Complaint deadline: 5/3/2024. The Clerk of Court is kindly instructed to mail a copy of the Civil Rights Complaint form approved by this District for use by inmates. (ATTACHED HERETO FOR DISTRIBUTION TO P VIA FMWCC LAW LIBRARY). Signed by Magistrate Judge Brenda Weksler on 4/2/2024. (Attachments: #1 Complaint form)(Copies have been distributed pursuant to the NEF - DLS)
March 29, 2024 Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Jessica M. Brown. (GA)
March 13, 2024 Filing 3 ORDER denying #1 Motion/Application for Leave to Proceed in forma pauperis without Prejudice. IT IS FURTHER ORDERED that the Clerk of Court must send plaintiff a blank application to proceed in forma pauperis by an inmate, as well as the accompanying instruction packet. IT IS FURTHER ORDERED that by April 13, 2024, plaintiff must either: (1) file a complete application to proceed in forma pauperis, on the correct form with complete financial attachments, or (2) pay the full fee for filing a civil action. IT IS FURTHER ORDERED that failure to timely comply with this order may result in a recommendation that this case be dismissed. Signed by Magistrate Judge Brenda Weksler on 3/13/2024. (Attachments: #1 IFP Packet To be Distributed by Law Library)(Copies have been distributed pursuant to the NEF - CAH)
March 11, 2024 Filing 2 ADVISORY LETTER to litigant. (DLS)
March 11, 2024 Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Jessica M. Brown. (Attachments: #1 Complaint)(DLS)
March 11, 2024 Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Brenda Weksler. (DLS)

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Plaintiff: Jessica M. Brown
Represented By: Law Library - Florence McClure WCC
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Defendant: Joseph Gerston
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