Lewis v. Allen et al
| 3:2010cv00083 |
| February 11, 2010 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Robert C. Jones |
| Prisoner: Civil Rights |
| 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
153
ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION 143 . MOTION for Summary Judgment and request for preliminary relief 90 is DENIED. Signed by Chief Judge Robert C. Jones on 8/14/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
139
ORDER DENYING P's 125 Motion to recuse; DENYING P's # 133 Motion to be transferred; and, DENYING P's # 136 Motion/Notice re transfer. Signed by Magistrate Judge Valerie P. Cooke on 3/7/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
138
ORDER denying as moot 134 Motion to Stay. Defendants shall have to and including Wednesday, March 14, 2012 to file an opposition to plaintiff's cross-motion for summary judgment. No further extensions of time will be granted. Signed by Magistrate Judge Valerie P. Cooke on 3/2/12. (Copies have been distributed pursuant to the NEF - DN)
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Filing
124
ORDER ADOPTING AND ACCEPTING 122 Report and Recommendation of the United States District Court Magistrate Judge. IT IS HEREBY ORDERED that Defendants' 62 / 64 Partial Motion to Dismiss Counts II and IV of Plaintiff's 10 Amended complaint are GRANTED. FURTHER ORDERED, Counts II and IV are DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Robert C. Jones on 1/31/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
109
ORDER GRANTING 94 and 97 Motions to Strike. ORDERED that the Clerk shall STRIKE following two documents: (1) # 83 P's continuation of opposition to Ds' motion to dismiss; and (2) # 89 P's opposition to Ds' partial motion to dismiss. Signed by Magistrate Judge Valerie P. Cooke on 11/9/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
107
ORDER DENYING P's 92 Motion to summon witnesses. Signed by Magistrate Judge Valerie P. Cooke on 11/3/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
101
ORDER GRANTING Ds' 98 Motion for stay of motion : D response to P's 90 motion(s) due 30 days following ruling on Ds' 62 Partial motion to dismiss. Ds' # 99 Motion for protective order is DENIED without prejudice. Signed by Magistrate Judge Valerie P. Cooke on 10/13/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
96
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 8/22/2011. IT IS HEREBY ORDERED that plaintiff's 77 motion to relate, 80 motion for discovery, and 87 motion for order of medical records are DENIED. (Copies have been distributed pursuant to the NEF - KO)
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Filing
53
ORDER granting 52 Motion to Continue Early Mediation Conference (EMC). The EMC set for 2/22/11 is VACATED and RESET FOR for 4/12/2011 09:00 AM in Reno Courtroom 1 before Mediator Steve Klearman. Signed by Magistrate Judge Valerie P. Cooke on 2/18/11. (Copies have been distributed pursuant to the NEF - DN)
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Filing
51
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/4/2011. By Deputy Clerk: Lisa Mann. Plaintiff's motion to extend prison copywork limit 47 is GRANTED in part. The court will allow plaintiff a one-time opportunity to exceed his photocopy limit in the amount of $10.00 in order to prosecute this case. The additional $10.00 shall be added to plaintiff's prison account to be paid when plaintiff has funds available. (Copy sent to Albert G. Peralta, Inmate Services and Finance Dept.)IT IS SO ORDERED.(Copies have been distributed pursuant to the NEF - MLC)
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Filing
38
ORDER. IT IS ORDERED that the second amended complaint 31 is dismissed. The action shall proceed as to the First Amended Complaint 10 subject to the court's order 21 . FURTHER ORDERED that Count Three of the First Amended Compla int is DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiff's motions 34 and 35 are DENIED. FURTHER ORDERED that the Clerk shall electronically serve a copy of this order and the Notice of Intent to Proceed With Mediation, along with a copy of the amended complaint 10 and the Court's Order 21 to the Attorney General (ack'd). The Attorney General shall advise the court within twenty-one (21) days whether they can accept service. The defendants for which they cannot accept service, the Office shall file, under seal, the last known address. If the Attorney General can accept service, they shall file an answer to the complaint within thirty (30) days following the mediation. If the Cour declines to medi ate this case, the answer shall be due thirty (30) days following the order declining mediation. The parties shall detach and file the Notice of Intent to Proceed With Mediation within thirty (30) days. (See Order for specifics)(Notice of Compliance is due by 11/21/2010.) Signed by Judge Robert C. Jones on 10/20/2010. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
36
ORDER,. IT IS HEREBY ORDERED, Plaintiff's 29 motion for time is GRANTED. The amended complaint shall be filed on or before September 20, 2010. FURTHER ORDERED, plaintiff's duplicative 25 motion for appointment of counsel is DENIED WITH PREJUDICE. FURTHER ORDERED, plaintiff's 26 motion for service by U.S. Marshals and his duplicative 23 motion for copywork are DENIED. Signed by Judge Robert C. Jones on 10/19/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
21
ORDER. IT IS ORDERED that Plaintiff's 5 Application to Proceed in Forma Pauerpis is GRANTED. Plaintiff shall not be required to pay an initial partial filing fee. However, even if this action is dismissed, the full filing fee must still be paid. FURTHER ORDERED, the NDOC shall pay to the Clerk of the USDC, District of NV, 20% of the preceding month's deposits to Plaintiff's account (inmate #96337), in the months that the account exceeds $10.00, until t he full $350 filing fee has been paid for this action. The Clerk shall send copy of this order to the Finance Division and to the Chief of Inmate Services for the NDOC. (Sent: 8/6/2010.) FURTHER ORDERED, plaintiff 9 motion to amend/co rrect complaint is GRANTED. FURTHER ORDERED, count one of the amended complaint shall proceed against defendant correctional officer J. Allen on a claim of deliberate indifference and a claim of retaliation, count two shall proceed against def endant correctional officer R. East on a claim of denied medical care, and count four shall proceed against defendant correctional officer D. Patterson on a claim of excessive force. FURTHER ORDERED, count three is dismissed with leave to amend in co nformance with the instructions provided in this order. FURTHER ORDERED, plaintiff shall file his "Second Amended Complaint" within thirty days of the date of this order. Failure to amend will result in the matter proceeding as to the counts allowed in this order. FURTHER ORDERED, all pending motions 4 , 7 , 8 , 12 , 16 , and 17 are DENIED as discussed herein. Signed by Judge Robert C. Jones on 8/3/2010. (Copies have been distributed pursuant to the NEF - KO)
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