Anderson v. McDaniels et al
| Marion Anderson |
| Ronald Bryant, Micheal Lee, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee and Nevada Department of Corrections |
| 3:2009cv00375 |
| July 10, 2009 |
| US District Court for the District of Nevada |
| Reno Office |
| White Pine |
| Valerie P Cooke |
| Howard D McKibben |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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| Filing 42 JUDGMENT. IT IS ORDERED AND ADJUDGED that The court construes defendants' motion for summary judgment as an unenumerated Rule 12(b) motion to dismiss for failure to exhaust, GRANTS said motion #26 , and DISMISSES WITHOUT PREJUDICE plaintiff's third amended complaint #19 . Signed by Clerk of Court, Lance S. Wilson on 4/12/2011. (Copies have been distributed pursuant to the NEF - MLC) |
Filing 41
ORDER. The Court ADOPTS AND ACCEPTS in part and modifies in part the report and recommendation of the United States Magistrate Judge #38 . The defendants' objection is granted. The report and recommendation is amended to strike from page 3 line 2 the year 2009 and to insert the year 2008. The report and recommendation is adopted in all other respects. The court construes defendants' motion for summary judgment as an unenumerated Rule 12(b) motion to dismiss for failure to exhaust, GRANTS said motion #26 , and DISMISSES WITHOUT PREJUDICE plaintiff's third amended complaint #19 . IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 4/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
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| Filing 40 OBJECTION to #38 Report and Recommendation by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Response to Objections to R&R due by 4/7/2011. (Balboni, Denise) |
| Filing 39 LETTER requesting status from Plaintiff Marion Anderson. (DRM) |
| Filing 38 REPORT AND RECOMMENDATION construing #26 defendants' motion for summary judgment as an unenumerated Rule 12(b)(6) motion to dismiss and granting that motion to dismiss as to all Eighth Amendment claims. It is further recommended that plaintiff's third amended complaint #19 be dismissed without prejudice as there are no remaining claims. Objections to R&R due by 3/26/2011 Signed by Magistrate Judge Valerie P. Cooke on 3/9/11. (Copies have been distributed pursuant to the NEF - DN) |
| Filing 37 REPLY to Response to #26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment ; filed by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Defendants' Reply in Support of Motion for Summary Judgment (Attachments: #1 Exhibit A and B)(Balboni, Denise) |
| Filing 36 RESPONSE to Court #34 Minute Order filed by Plaintiff Marion Anderson. (MLC) |
| Filing 35 OPPOSITION to #26 Motion for Summary Judgment filed by Plaintiff Marion Anderson. Replies due by 1/24/2011. (MLC) |
| Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/4/2011. By Deputy Clerk: Lisa Mann. IT IS ORDERED that defendants' motion and amended motion to file exhibits to the motion for summary judgment under seal #27 #29 are GRANTED. The exhibits 30 are filed and shall remain under seal. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - MLC) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/4/2011. By Deputy Clerk: Lisa Mann. Plaintiff's request for a copy #32 is DENIED AS MOOT. The Court will sua sponte grant plaintiff one extension of time to Tuesday, 1/18/2011, to file an opposition to the motion #26 . No further extensions of time shall be granted. IT IS SO ORDERED.(Responses due by 1/18/2011) (Copies have been distributed pursuant to the NEF - MLC) |
| Filing 32 MOTION/Request for a copy of Defendant(s) Response to Plaintiff civil complaint, by Plaintiff Marion Anderson. Responses due by 12/30/2010. (PM) |
| Filing 31 NOTICE by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel Defendants' Notice of Submission of Exhibits in Camera (Balboni, Denise) |
| Filing 29 MOTION to Amend/Correct #27 MOTION to Seal #26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Defendants' Motion to File Exhibits under Seal MOTION to Seal #26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Defendants' Motion to File Exhibits under Seal. Defendants' Amended Motion to File Exhibits in camera by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Responses due by 12/27/2010. (Balboni, Denise) |
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Filing 28
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment : Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Judge Howard D. McKibben on 12/9/2010. (Copies have been distributed pursuant to the NEF - PM)
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| Filing 27 MOTION to Seal #26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Defendants' Motion to File Exhibits under Seal by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Motion ripe 12/8/2010. (Balboni, Denise) |
| Filing 26 MOTION for Summary Judgment Defendants' Motion for Summary Judgment by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Responses due by 1/1/2011. (Attachments: #1 Exhibit A-I, #2 Exhibit J-M)(Balboni, Denise) |
| Filing 25 MINUTES OF PROCEEDINGS - Early Mediation Conference held on 11/9/2010 before Mediator Thomas Ray. Crtrm Administrator: LGM; Pla Counsel: Marion Anderson; Def Counsel: Robert Simon; Court Reporter/FTR #: 2:31:42 - 2:37:28; Time of Hearing: 1:25 p.m.; Courtroom: 1; 1st mediation session. A settlement was NOT reached. The parties are at an impasse. The recording of this report of mediation is SEALED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
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Filing 24
ORDER Scheduling Inmate Early Mediation Conference: An Inmate Early Mediation Conference is set for 11/9/2010 01:30 PM in Reno Courtroom 1 before Mediator Thomas Ray. The Office of the Attorney General is directed to make the necessary arrangements for plaintiff's appearance via video and shall notify Lisa Mann with the video conference reservation number and telephone number at which the plaintiff can be reached for the early mediation conference. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 404, Reno, NV 89501 no later than Tuesday, November 2, 2010 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Valerie P. Cooke on 9/30/2010. (Copies have been distributed pursuant to the NEF - LGM)
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| Filing 23 NOTICE by Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel Notice of Intent to proceed with Mediation (Balboni, Denise) |
| Filing 22 PLAINTIFF'S NOTICE OF INTENT TO PROCEED WITH MEDIATION, by Plaintiff Marion Anderson. (KO) |
| Filing 21 NOTICE of Change of Attorney on behalf of Defendants Ronald Bryant, Micheal Lee, Greg Martin, E.K. McDaniel. Notice of Change of Lead Counsel of Record (Balboni, Denise) |
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Filing 20
ORDERED Clerk shall E-serve AG this Order, attached Mediation form, and P's #19 3rd amended complaint. ( Specified E-service performed 9/9/2010 ) FURTHER ORD Ds answer/response to the complaint due 30 days following early inmate mediation, or 30 days following order declining mediation. FURTHER ORD the parties SHALL DETACH, COMPLETE, AND FILE the attached Notice re mediation by 10/9/2010. FURTHER ORD that henceforth P shall serve Ds pleadings submitted to court, with a certificate of mailing. Signed by Magistrate Judge Valerie P. Cooke on 9/8/2010. ( Attachments: #1 3rd Amended Complaint #19 )(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 19 THIRD AMENDED COMPLAINT with Jury Demand against Roland Bryant, Michael Lee, Greg Martin, E.K. McDaniel, filed by Marion Anderson. Per #18 Order. Removes parties. Proof of service due by 12/21/2010.(DRM) |
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Filing 18
SCREENING ORDER. IT IS HEREBY ORDERED, plaintiff's #14 amended complaint file July 12, 2010, will be disregarded by the court. FURTHER ORDERED, plaintiff's #15 motion for appointment of counsel is DENIED. FURTHER ORDERED, the clerk shall send to plaintiff a copy of the form for filing a Section 1983 civil rights action in the court. (Sent: 8/13/2010.) FURTHER ORDERED, plaintiff is GRANTED thirty (30) days from the date of service of this order within which to file a third amended complaint. Plaintiff SHALL NOT attach exhibits or a memorandum of points and authorities to his complaint. FURTHER ORDERED, plaintiff's failure to timely file a third amended complaint will result in this case going forward on the original #12 amended complaint. Signed by Judge James C. Mahan on 8/12/2010. (Copies have been distributed pursuant to the NEF - KO)
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| Filing 17 REPLY to #16 Response to #15 Motion for Appointment of Counsel filed by Plaintiff Marion Anderson. (MLC) |
| Filing 16 RESPONSE to #15 MOTION for Appointment of Counsel, filed by Defendants Roland Bryant, Michael Lee, Greg Martin, E.K. McDaniel. Defendants' Opposition to Motion for Appointment of Counsel Replies due by 8/5/2010. (Phouthavongsay, LeeAnn) |
| Filing 15 MOTION for Appointment of Counsel, by Plaintiff Marion Anderson. Motion ripe 7/12/2010. (KO) |
| Filing 14 AMENDED COMPLAINT with Jury Demand against Roland Bryant, Michael Lee, Greg Martin, E.K. McDaniel, filed by Marion Anderson. Changes to parties include parties which have been terminated. Proof of service due by 11/9/2010.(KO) |
| Filing 13 CERTIFICATE of Interested Parties filed by Roland Bryant, Michael Lee, Greg Martin, E.K. McDaniel. There are no known interested parties other than those participating in the case. (Phouthavongsay, LeeAnn) |
| Filing 12 COMPLAINT, filed by Marion Anderson. File per #11 Order. Certificate of Interested Parties due by 7/8/2010. Proof of service due by 10/26/2010.(DRM) |
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Filing 11
ORDERED Clerk shall FILE the complaint. FURTHER ORD D NDOC is DISMISSED with prejudice. FURTHER ORD Ds Dr. Martin and Dr. John Doe are DISMISSED with leave to amend. FURTHER ORD the 1st cause of action is DISMISSED with leave to amend to remedy the deficiencies set forth herein. FURTHER ORD D McDniel is dimissed with leave to amend. FURTHER ORD P's amended complaint due 30 days from service of this order. FURTHER ORD P's failure to file a timely amended complaint will result in the action proceeding on the 2nd cause of action only and against Ds Sgt. Bryant and Officer Lee only. ( Nevada Department Of Corrections, Greg Martin and E.K. McDaniel terminated. Amended Complaint deadline: 7/28/2010. ) Signed by Judge Howard D. McKibben on 6/28/2010. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 12/21/2009. D's #5 motion for screening and #6 motion for extension of time to file an answer or other response are GRANTED. P's complaint will be screened pursuant to 28 U.S.C. 1915A as soon as the court's schedule permits. Following screening, the court will set the date for filing an answer or other response. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PM) |
| Filing 9 SUPPLEMENT to #7 Status Report in Removal Case, ; by Defendants Nevada Department Of Corrections, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. (Attachments: #1 Exhibit A)(Phouthavongsay, LeeAnn) |
| Filing 8 ERRATA to #7 Status Report in Removal Case, ; Errata to Joint Status Report filed by Defendants Nevada Department Of Corrections, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. (Phouthavongsay, LeeAnn) |
| Filing 7 STATUS REPORT RE: REMOVAL Joint Status Report filed by Defendants Nevada Department Of Corrections, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. (Phouthavongsay, LeeAnn) Modified on 8/18/2009 to reflect that Plaintiff Refused to Sign. (BLG). |
| Filing 6 First MOTION to Extend Time regarding discovery/non dispositive matter Motion for Enlargement of Time (First Request) by Defendants Nevada Department Of Corrections, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. Motion ripe 8/17/2009. (Attachments: #1 Exhibit A)(Phouthavongsay, LeeAnn) |
| Filing 5 MOTION Screening Motion for Screening by Defendants Nevada Department Of Corrections, E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. Responses due by 9/4/2009. (Phouthavongsay, LeeAnn) |
| Filing 4 STATEMENT RE: REMOVAL Statement regarding Removal Action filed by Defendants E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee. (Attachments: #1 Exhibit A)(Phouthavongsay, LeeAnn) |
| Filing 3 CERTIFICATE of Interested Parties filed by E.K. McDaniel, Greg Martin, Roland Bryant, Michael Lee.. There are no known interested parties other than those participating in the case Certificate of Interested Parties. (Phouthavongsay, LeeAnn) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 7/13/2009. Statement regarding removed action is due by 7/31/2009. Joint Status Report regarding removed action is due by 8/15/2009. (Copies have been distributed pursuant to the NEF - KO) |
| Filing 1 PETITION FOR REMOVAL Petition for Removal of Action pursuant to 28 USC Section 1441 and 28 USC Section 1443 - Federal Question from Seventh Judicial Court, Case Number CF0905005, (Filing fee $ 350 receipt number 09780000000001293884), filed by E.K. MCDANIEL, Greg Martin, Roland Bryant, Michael Lee. Certificate of Interested Parties due by 7/20/2009. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Phouthavongsay, LeeAnn) |
| Case assigned to District Judge Howard D. McKibben and Magistrate Judge Valerie P. Cooke. (WJ) |
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