Ellis v. Benedetti et al
| Howard Ellis |
| James Benedetti, C Burson, Tony Corda, Robert Hartman, Don Helling, Stephanie Humphreys, Jackson, Marsha Johns, Ladner, Plumke, Brian Williams, Matt Tilley, Magnum, Moyle, Rex Reed, M. Wright and Vidourri |
| 3:2008cv00657 |
| April 8, 2009 |
| U.S. District Court for the District of Nevada |
| Prisoner: Civil Rights Office |
| Pershing |
| Robert A. McQuaid |
| Edward C. Reed |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
353
ORDER denying 339 Motion for Production of Transcripts at Government Expense. Signed by Judge Miranda M. Du on 6/8/15. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
350
ORDER denying 344 Motion for Contempt. Signed by Judge Miranda M. Du on 6/4/15. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
336
ORDER re 331 USCA Referral Order. Plaintiff's in forma pauperis status should continue on appeal. Signed by Judge Miranda M. Du on 1/21/2015. (Copies have been distributed pursuant to the NEF; NEF also sent to USCA Ninth Circuit - KR)
|
|
Filing
325
ORDER accepting and adopting 319 Report and Recommendation; granting 320 Motion to Extend Time; and dismissing case with prejudice. Clerk instructed to close this case. Case terminated. Signed by Judge Miranda M. Du on 12/8/14. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
318
ORDER denying 266 motion for production of transcript at government expense and denying as moot 273 motion to stay. Signed by Magistrate Judge William G. Cobb on 4/24/14. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
307
ORDER denying Plaintiff's 306 emergency motion. Signed by Magistrate Judge William G. Cobb on 12/30/2013. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
305
ORDER DENYING 292 Motion for Recusal or Disqualification. Signed by Magistrate Judge William G. Cobb on 12/27/2013. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
288
ORDER denying 277 Motion to Stay. Signed by Magistrate Judge William G. Cobb on 11/4/13. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
282
ORDER re 280 Order on Motion to Compel. Plaintiff shall serve Defendants with separate and complete discovery responses on or before 11/22/2013. Defendants shall file report regarding status of Plaintiff's responses on or before 12/4/2013. In the event Plaintiff fails to comply, Plaintiff is cautioned that the court will recommend dismissal. Signed by Magistrate Judge William G. Cobb on 10/11/13. (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
280
MINUTES OF PROCEEDINGS - Status Conference held on 10/8/2013 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Howard Ellis, In Pro Per (Telephonically); Def Counsel: Micheline Fairbank; FTR #: 9:35:43 a.m. - 10:16:30 a.m.; Time of Hearing: 9:30 a.m.; Courtroom: 2. IT IS ORDERED that Defendants' 237 Motion to Compel Discovery is GRANTED. Plaintiff shall have forty-five (45) days from today, or up to and including Friday, November 22, 2013, to file responses to Defendants' outstanding discovery requests. (Copies have been distributed pursuant to the NEF - KO)
|
|
Filing
274
ORDER adopting 267 Report and Recommendation. The Court certifies that Plaintiff Howard Ellis' appeal is not taken in good faith and his in forma pauperis status on appeal should be revoked. Signed by Judge Miranda M. Du on 9/27/13. (Copy of order sent via NEF to USCA.) (Copies have been distributed pursuant to the NEF - JC)
|
|
Filing
256
ORDERED Plaintiff's # 197 Motion to Amend Judgment is DENIED. FURTHER ORD # 226 Report and Recommendation is APPROVED and ADOPTED. Plaintiff's # 210 Motion for preliminary injunction is DENIED, and Plaintiff's # 211 Motion for evidentiary hearing is DENIED. FURTHER ORD Plaintiff's # 233 Objections are OVERRULED and DENIED.FURTHER ORD Plaintiff's # 205 Objection is OVERRULED and DENIED. FURTHER ORD Plaintiff's # 247 Objection is OVERRULED and DENIED. Signed by Judge Miranda M. Du on 8/27/2013. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
225
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 6/10/2013, DENYING Plaintiff's 216 Motion. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
195
MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 8/22/2012. By Deputy Clerk: Candace Knab. IT IS ORDERED that the Magistrate Judge's Report and Recommendation 186 is well taken and is APPROVED and ADOPTED. Defendants&# 039; Motion to Dismiss 101 109 is GRANTED in part and DENIED in part and denied in part. IT IS FURTHER ORDERED that summary judgment is DENIED as to Count I insofar as it is asserted against Defendant Plumlee.IT IS FURTHER ORDERED that Count I ag ainst Defendant Williams insofar asit alleges that Defendant Williams denied Plaintiff's right to a disciplinaryappeal is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Count I against Defendant Williams with respect to the allegations tha t Defendant Williams improperly upheld a Disciplinary determination is DISMISSED WITHOUT PREJUDICE.IT IS FURTHER ORDERED that the Eighth Amendment excessive force/failureto protect claim in Count II is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDE RED that summary judgment is GRANTED as to the Eighth Amendment deliberate indifference claim in Count II. IT IS FURTHER ORDERED that summary judgment is DENIED as to the First Amendment access to courts claim in Count III. IT IS FURTHER ORDERED that Count IV is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that summary judgment is GRANTED as to Count VI. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss 101 119 is DENIED as to Count VII.IT IS FURTHER ORDERED that Count VIII is DISMISSED WITHOUT PREJUDICE.IT IS FURTHER ORDERED that Plaintiffs official capacity damages claimsare DISMISSED. (Copies have been distributed pursuant to the NEF - MLC)
|
|
Filing
194
ORDERED that the Magistrate Judge's # 155 Order is AFFIRMED. FURTHER ORD P's # 157 Objection/Motion to Reconsider is DENIED. Signed by Judge Edward C. Reed, Jr on 8/21/2012. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
190
ORDER DENYING 133 Plaintiff's Motion for Permission to Appeal. See Order for specifics. Signed by Judge Edward C. Reed, Jr on 8/16/2012. (Copies have been distributed pursuant to the NEF - HJ)
|
|
Filing
183
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 5/14/2012. By Deputy Clerk: Katie Ogden. Plaintiff's 177 motion to correct the record regarding his response to such a motion is DENIED as moot.IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - MLC)
|
|
Filing
152
ORDER - The court GRANTS PLAINTIFF NUNC PRO TUNC LEAVE TO EXCEED THE 30 PAGE LIMIT, and DENIES AS MOOT Ds' # 144 Motion to strike. Ds are ORDERED to FILE their REPLY BRIEF (re 101 Motion) within 7 DAYS of the date of this Order. Accordingly, Ds' # 151 Request for Status Conference is DENIED. Signed by Magistrate Judge William G. Cobb on 3/12/2012. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
148
MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/8/2012. By Deputy Clerk: Candace Knab. IT IS HEREBY ORDERED that the 134 Magistrate Judge's Report and Recommendation is well taken and is APPROVED and < b>ADOPTED. FURTHER ORDERED, Plaintiff's 68 motion for sanctions is DENIED. FURTHER ORDERED, Plaintiff's 54 motion to correct the record is DENIED. FURTHER ORDERED, Plaintiff's 74 motion for an evidentiary hearing is DENIED. FURTHER ORDERED, Plaintiff's 50 motion for injunctive relief is DENIED. (Copies have been distributed pursuant to the NEF - KO)
|
|
Filing
131
ORDER. IT IS ORDERED that plaintiff's 125 Fourth Motion for Appointment of Counsel is DENIED. FURTHERMORE, defendants' 130 Motion to Strike is DENIED as moot. Signed by Magistrate Judge William G. Cobb on 1/18/2012. (Copies have been distributed pursuant to the NEF - KO)
|
|
Filing
126
ORDERED that the Magistrate Judge's Orders (## 41 , 98 , 110 ) are AFFIRMED and Plaintiff's Motions (## 44 , 100 , 115 ) are DENIED. Signed by Judge Edward C. Reed, Jr on 1/5/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/6/2012 to correct date (DRM).
|
|
Filing
71
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert A. McQuaid, Jr, on 7/8/2011. IT IS HEREBY ORDERED that plaintiff's 70 request for civil docket case history is GRANTED on a one-time only basis. (Copies have been distributed pursuant to the NEF - KO)
|
|
Filing
23
ORDER. IT IS ORDERED that the Clerk shall reopen this case. FURTHER ORDERED that plaintiff's 22 Motion for Appointment of Counsel is DENIED. FURTHER ORDERED that the complaint shall go forward in counts 3,4, the due process claim an d conspiracy claim in count 6, the excessive force claim, medical care claim, and the retaliation claim in count 8. FURTHER ORDERED that the due process claim in count 5 is dismissed with prejudice. FURTHER ORDERED that plaintiff is granted leave t o amend count 5 to state a retaliation claim, should he choose. FURTHER ORDERED that the equal protection claim in count 6 is dismissed without prejudice and with leave to amend. FURTHER ORDERED that the due process claim in count 7 is dismissed wi th prejudice. FURTHER ORDERED that the equal protection claim in count 7 is dismissed without prejudice and with leave to amend. FURTHER ORDERED that if plaintiff wishes to file an amended complaint, he shall file the amended complaint within t hirty (30) days. If the court does not receive an amended complaint, the court will order the original complaint served on defendants. (Amended Complaint deadline: 2/3/2011) Signed by Judge Edward C. Reed, Jr on 01/3/2011. (Copies have been distributed pursuant to the NEF - MLC)
|
|
Filing
6
JUDGMENT that this action is DISMISSED with prejudice for failure to state a claim upon which relief can be granted. Signed by Lance S. Wilson on 4/9/2009. (Copies have been distributed pursuant to the NEF - KL)
|
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
