Burgess v. Sandaval et al
| Marshall Burgess, Jr. |
| E.K. McDaniel, Secretary of State Ross Miller, Catherine Cortez-Masto, James G. Cox and Brian E. Sandaval |
| 3:2012cv00085 |
| February 10, 2012 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Larry R. Hicks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
135
ORDER DISMISSING CASE with prejudice per 134 Stipulation. Signed by Judge Larry R. Hicks on 10/30/2014. have been distributed pursuant to the NEF - KR)
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Filing
125
ORDERED that the # 123 Report and Recommendation is adopted and accepted, and P's # 96 Motion for Summary Judgment is DENIED. FURTHER ORD that Ds' # 109 Motion for Summary Judgment is GRANTED in part and DENIED in part as as follows: (1) Ds' # 109 Motion for Summary Judgment is DENIED as to the 8th Amendment excessive force and failure to protect claims against defendants Betancourt, Preston, Robinson, Payne, Kelly, Peabody, Moore and Taylor; and (2) Ds' # 109 Motion for Summary Judgment is GRANTED as to the 8th Amendment deliberate indifference to serious medical need claim against Ds Greene and Haynes. FURTHER ORD that P's 14th Amendment due process claim against D Kelly is DISMISSED t o the extent it alleges that P was falsely accused of conduct which led to disciplinary charges against him; however this claim shall PROCEED insofar as P alleges that his disciplinary action was not based on some evidence. FURTHER ORD that Ps' ; claims for damages against any D in his or her official capacity are DISMISSED. FURTHER ORD that the parties shall submit their proposed joint pretrial order by 4/25/2014. Signed by Judge Larry R. Hicks on 3/24/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
100
ORDER DENYING Plaintiff's 59 Motion; ADOPTING and ACCEPTING 88 Report and Recommendation, modified as per this Order. Signed by Judge Larry R. Hicks on 06/29/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
45
ORDER Motions 31 and 35 are GRANTED. Clerk shall send to plaintiff a file-stamped copy of plaintiff's motion for reconsideration 28 (Sent 10/17/12). FURTHER ORDERED remaining noted motions 28 , 32 , and 36 are DENIED. Signed by Judge Larry R. Hicks on 10/16/12. (Copies have been distributed pursuant to the NEF - JC) Modified on 10/17/2012 to indicate copy sent as directed(JC).
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Filing
27
ORDER. IT IS ORDERED that Plaintiff's application to proceed in forma pauperis 6 is GRANTED. Plaintiff has already paid initial partial filing fee. NDOC shall pay Clerk 20% of the preceding month's deposits to plaintiff� 39;s account (in months that account exceeds $10.00), until full $350 filing fee paid. Clerk shall send copy of this order to Finance Division of Clerks Office. (Copy electronically sent 8/22/12.) Clerk shall send copy of order to A lbert Peralta, Chief of Inmate Services. (Copy mailed 8/22/12.) Clerk to electronically serve copy of this order and copy of complaint on the NV AGs Office, attn: Pamela Sharp. (Service completed 8/22/12.) AGs Office to advise Court wit hin 21 days whether it can accept service. As to any defendants for which AGs Office cannot accept service, Office shall file under seal the last known addresses of those defendants. If service cannot be accepted for any named defendants, plaintiff to file motion. If AG accepts service for any named defendants, answer due within 60 days. Henceforth, plaintiff to serve defendants copy of every pleading, motion or document submitted for consideration by the court. Plaintiff shall include with original paper submitted for filing a certificate of mailing. Signed by Magistrate Judge William G. Cobb on 8/22/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
22
ORDER RE INFORMAL SETTLEMENT DISCUSSIONS - Parties encouraged to settle. Clerk shall provide copy this order and P's complaint to Ds' counsel. ( E-service 5/21/2012; 13 Amended Complaint via NEF regeneration. ) If parties unable to sett le, the Court will reconsider IFP, and P will have to pay the full $350 filing fee. Signed by Magistrate Judge William G. Cobb on 5/21/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 5/21/2012 copy mailed to P 5/21/2012 (DRM).
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