DuBois v. Washoe County Jail
| Matthew A. DuBois |
| A. Williamson, Medical Director/Supevisor, J. Moyer, W. Nichol, Washoe County Jail and M. Hahn |
| 3:2012cv00415 |
| August 6, 2012 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Miranda M. Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 22, 2014. A more recent docket listing may be available from PACER.
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| Filing 55 MEMORANDUM/OPINION of USCA, Ninth Circuit, affirming USDC as to 42 Notice of Appeal. USCA case 13-16031. (KR) |
| Filing 54 RECEIPT of Payment: $ 30.20, receipt number NVRNO-002437 : Forwarded by 9th Circuit Clerk to USDC re 47 USCA Order. (no image attached) (DRM) |
| Filing 53 RECEIPT of Payment: $ 70.00, receipt number NVRNO-002415 : Forwarded by 9th Circuit Clerk to USDC re 47 USCA Order: (DRM) |
| Filing 52 RECEIPT of Payment forwarded by 9th Circuit Clerk to USDC re 47 USCA Order: $10.50, receipt number NVRNO-2259. USCA Case 13-16031. (no image attached) (KR) |
| Filing 51 RECEIPT of Payment forwarded by 9th Circuit Clerk to USDC re 47 USCA Order: $10.69, receipt number NVRNO 2190. USCA Case Number 13-16031. (JC) |
Filing 50
ORDER denying Defendant Mark Hahn's 41 Motion for Attorney Fees. Signed by Judge Miranda M. Du on 03/04/2014. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 49 RECEIPT of Payment forwarded by 9th Circuit Clerk to USDC re 47 USCA Order: $40.00, receipt number NVRNO 2146. USCA Case Number 13-16031. (JC) |
| Filing 48 RECEIPT of Payment forwarded by 9th Circuit Clerk to USDC re 47 USCA Order : $ 29.20 PAID, receipt number NVRNO001991. USCA Case No. 13-16031. (DRM) |
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Filing 47
ORDER of USCA, Ninth Circuit, as to 42 Notice of Appeal re appellant/inmate's fee authorization form : AG shall notify prison authority responsible for processing inmate payments of appellate filing fee from inmate account to USDC. USCA case 13-16031. (E-Notice to Finance on 9/24/2013.) (DRM)
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Filing 46
ORDER of USCA, Ninth Circuit, as to 42 Notice of Appeal : IFP granted; filing fee and authorization form due; briefing set. USCA case 13-16031.(DRM)
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Filing 45
ORDER of USCA, Ninth Circuit, as to 42 Notice of Appeal (USCA Case Number 13-16031). Appellant to pay filing fees or file IFP within 21 days. (JC)
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| Filing 44 USCA TIME SCHEDULE ORDER and civil docketing letter as to 42 Notice of Appeal. USCA case number 13-16031 assigned. (DRM) |
| Filing 43 CERTIFICATE OF RECORD on 42 Notice of Appeal. The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal. This file exists in electronic format and is accessible via CM/ECF - PACER. The documents comprising the United States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs. Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached) (JC) |
| Filing 42 NOTICE OF APPEAL as to 40 Judgment by Plaintiff Matthew A. DuBois. Filing fee $ 455 - NOT PAID. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Copy of NEF and PACER docket sheet sent to plaintiff.) (JC) |
| Filing 41 MOTION for Attorney Fees by Defendants M. Hahn, Medical Director/Supevisor. Responses due by 5/23/2013. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Tejura, Seetal) |
| Filing 40 JUDGMENT. This action is DISMISSED for failure to state a claim upon which relief can be granted. Signed by Clerk of Court, Lance S. Wilson on 04/24/2013. (Copies have been distributed pursuant to the NEF - KR) |
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Filing 39
ORDER - Defendant Hahn's 36 Motion to Stay Discovery is DENIED as moot. Defendant Hahn's 31 Motion to Dismiss is GRANTED. This action is DISMISSED for failure to state a claim upon which relief can be granted. The Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 04/24/2013. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 38 REPLY to Response to 31 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (In Lieu of an Answer) filed by Defendant M. Hahn. (Tejura, Seetal) |
| Filing 37 RESPONSE to Defendant Hahn's 31 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (In Lieu of an Answer), filed by Plaintiff Matthew A. DuBois. Replies due by 3/31/2013. (KR) |
| Filing 36 MOTION to Stay Discovery in Light of Pending Motion to Dismiss Plaintiff's [First] Amended Complaint by Defendant M. Hahn. Motion ripe 3/12/2013. (Tejura, Seetal) |
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Filing 35
ORDER GRANTING 34 Motion to Extend Time (First Request). Responses to 31 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (In Lieu of an Answer) due by 3/25/2013. Signed by Judge Miranda M. Du on 02/27/2013. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 34 MOTION to Extend Time to Respond to 31 MOTION to Dismiss, by Plaintiff Matthew A. DuBois. Motion ripe 2/25/2013. (JC) |
| Filing 33 CERTIFICATE of Interested Parties filed by M. Hahn that identifies all parties that have an interest in the outcome of this case. Other Affiliate Corizon Health, Inc. formally know as Prison Health Services, Inc. for M. Hahn added.. (Tejura, Seetal) |
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Filing 32
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 31 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (In Lieu of an Answer) : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 2/12/13. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 31 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (In Lieu of an Answer) by Defendant M. Hahn. Responses due by 2/28/2013. (Tejura, Seetal) |
| Filing 30 AMENDED COMPLAINT against M. Hahn, Washoe County Sheriff's Office, Prison Health Services, Inc., filed by Matthew A. DuBois. Adds and removes parties. Proof of service due by 5/28/2013. (JC) |
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Filing 29
ORDER Motion to Dismiss 4 is GRANTED in part. Motion to Dismiss 9 is GRANTED. Defendant Washoe County Jail DISMISSED. Complaint DISMISSED with leave to amend. Clerk shall send plaintiff complaint form with instructions (sent 1/8/13). Plaintiff will have 30 days to submit amended complaint. Motion to Strike 23 is GRANTED. Clerk shall STRIKE plaintiff's reply 20 . Signed by Judge Miranda M. Du on 1/7/13. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 28 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint* in this action was filed on* 8/6/2012.* To date no proper proof of service has been filed as to*A. Williamson, J. Moyer, and W. Nichol.* FRCP 4(m) dismissal deadline set for 1/19/2013. Mailed to Plaintiff 12/20/2012. (WJ) |
| Filing 27 LETTER from Plaintiff, Matthew Dubois, to Alverson, Taylor, Martensen & Sanders. (JC) |
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Filing 26
ORDER GRANTING 17 Motion to Stay discovery pending ruling on 9 Motion to dismiss. Signed by Magistrate Judge Valerie P. Cooke on 12/4/2012. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 25 REPLY to Response to 17 MOTION to Stay filed by Defendants M. Hahn, Medical Director/Supevisor. (Tejura, Seetal) |
| Filing 24 LETTER from Matthew DuBois, Plaintiff, to Richard Gammick. (JC) |
| Filing 23 MOTION to Strike 20 Reply to Response to Motion by Defendants M. Hahn, Medical Director/Supevisor. Responses due by 12/15/2012. (Tejura, Seetal) |
| Filing 22 REPLY to 18 Reply re 9 MOTION to Dismiss filed by Plaintiff Matthew A. DuBois. Image identical to 21 Response. (JC) |
| Filing 21 RESPONSE to 17 MOTION to Stay, filed by Plaintiff Matthew A. DuBois. Replies due by 12/1/2012. (JC) |
| Filing 20 STRICKEN PER 29 ORDER REPLY to 16 Reply re 4 MOTION to Dismiss filed by Plaintiff Matthew A. DuBois. (JC) Modified on 1/8/2013 (JC). |
| Filing 19 JOINDER 17 Motion to Stay filed by Defendant Washoe County Jail. (Kandaras, Mary) Modified on 11/16/2012 text & link added for motion. (BLG). |
| Filing 18 REPLY to Response to 9 MOTION to Dismiss filed by Defendant Washoe County Jail. (Kandaras, Mary) |
| Filing 17 MOTION to Stay by Defendants M. Hahn, Medical Director/Supevisor. Motion ripe 11/7/2012. (Tejura, Seetal) |
| Filing 16 REPLY to Response to 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) filed by Defendants M. Hahn, Medical Director/Supevisor. (Tejura, Seetal) |
| Filing 15 SUMMONS Returned Executed by Washoe County Jail re 2 Summons Issued, 1 Complaint. Washoe County Jail served on 9/21/2012, answer due 10/12/2012. (JC) |
| Filing 14 SUMMONS Returned Executed by Matthew A. DuBois re 2 Summons Issued, 1 Complaint. Medical Director/Supervisor served on 9/21/2012, answer due 10/12/2012. (JC) |
| Filing 13 SUMMONS Returned Executed by Matthew A. DuBois re 2 Summons Issued, 1 Complaint. M. Hahn served on 9/21/2012, answer due 10/12/2012. (JC) |
| Filing 12 RESPONSE to 4 MOTION to Dismiss, filed by Plaintiff Matthew A. DuBois. Replies due by 11/8/2012. (DRM) Modified on 10/29/2012 to correct hyperlink (DRM). |
| Filing 11 RESPONSE to 9 MOTION to Dismiss Pursuant to FRCP 12, filed by Plaintiff Matthew A. DuBois. Replies due by 11/8/2012. (DRM) Modified on 10/29/2012 to correct hyperlink (DRM). |
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Filing 10
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 9 MOTION to Dismiss : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 10/17/12. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 9 MOTION to Dismiss by Defendant Washoe County Jail. Responses due by 11/2/2012. Certificate of Interested Parties due by 10/26/2012. Discovery Plan/Scheduling Order due by 11/15/2012. (Kandaras, Mary) |
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Filing 8
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 10/12/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing 7
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 10/12/12. (Copies have been distributed pursuant to the NEF - JK) Modified on 10/12/2012 to indicate that unable to attach form image due to computer issues (JC).
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Filing 6
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 10/12/12. (Copies have been distributed pursuant to the NEF - JK) Modified on 10/12/2012 to indicate that unable to attach form image due to computer issues (JC).
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| Filing 5 CERTIFICATE of Interested Parties filed by M. Hahn, Medical Director/Supevisor that identifies all parties that have an interest in the outcome of this case. Other Affiliate Corizon Health, Inc. for Medical Director/Supevisor added.. (Tejura, Seetal) |
| Filing 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) (In Lieu of an Answer) by Defendants M. Hahn, Medical Director/Supevisor. Responses due by 10/28/2012. Certificate of Interested Parties due by 10/21/2012. Discovery Plan/Scheduling Order due by 11/10/2012. (Tejura, Seetal) |
| Filing 3 NOTICE to Plaintiff from USDC advising case against defendant Washoe County Jail, et al. has been received and assigned case number 3:12-cv-415. (Inmate #*AH6253*) (HJ) |
| Filing 2 Summons Issued as to Washoe County Jail, Washoe County Jail Medical Director/Supervisor, M. Hahn, MD, A. Williamson, J. Moyer, W. Nichol re 1 Complaint. (HJ) Modified on 8/6/2012 (HJ). |
| Filing 1 COMPLAINT against M. Hahn, Medical Director/Supevisor, J. Moyer, W. Nichol, Washoe County Jail, A. Williamson, filed by Matthew A. DuBois. Filing fee paid. Receipt #1241. Certificate of Interested Parties due by 8/16/2012. Proof of service due by 12/4/2012. (Attachments: # 1 Civil Cover Sheet) (HJ) |
| Case assigned to District Judge Miranda M. Du and Magistrate Judge Valerie P. Cooke. (WJ) |
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