Walker v. Haley et al
| John G. Walker and John Lindsey |
| Michael Haley, Greg Herrera, Gail Singletary, Dr. Nielson, Amy Youngblood, Darrin Rice, Taylor, Evans, Leonard, Mark Kessler and Dr. Gargyl |
| 3:2013cv00485 |
| September 11, 2013 |
| US District Court for the District of Nevada |
| Reno Office |
| William G Cobb |
| Robert C Jones |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on January 27, 2015. A more recent docket listing may be available from PACER.
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Filing 57
ORDER DISMISSING CASE WITH PREJUDICE on #56 Stipulation. Signed by Judge Robert C. Jones on 1/27/2015. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 56 STIPULATION of Dismissal with Prejudice by Defendants Evans, Greg Herrera, Mark Kessler, Darrin Rice, Taylor. (Kaplan, Herbert) |
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Filing 55
ORDER DENYING #17 Motion to Reconsider. Signed by Judge Robert C. Jones on 1/9/2015. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 54 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Amended Complaint* in this action was filed on* 4/28/2014.* To date no proper proof of service has been filed as to*Amy Youngblood and Leonard.* FRCP 4(m) dismissal deadline set for 1/23/2015. (WJ) |
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Filing 53
SCHEDULING ORDER granting #51 Motion and #52 Joinder. Discovery due by 2/20/2015. Motions due by 3/23/2015. Proposed Joint Pretrial Order due by 4/22/2015. Signed by Magistrate Judge William G. Cobb on 11/25/2014. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 52 JOINDER in Motion to Extend Discovery Deadline filed by Defendants Evans, Greg Herrera, Mark Kessler, Darrin Rice, Taylor. (Kaplan, Herbert) |
| Filing 51 MOTION for Continuance of Discovery Deadline, by Plaintiff John G. Walker. Motion ripe 11/24/2014. (DRM) |
| Filing 50 ANSWER to #13 Amended Complaint filed by Evans, Taylor.(Kaplan, Herbert) |
| Filing 49 USM-285 Return Executed. Ron Souza, Office Asst., Civil Section, 911 Parr Blvd. served, for Deputy David Evan, served on 11/5/2014, answer due 11/25/2014. (DRM) |
| Filing 48 SUMMONS Returned Executed re #41 Summons Issued. Taylor served on 11/4/2014, answer due 11/25/2014. (JC) |
| Filing 47 LETTER to Clerk from Plaintiff re service of Deputy David Evans. (KR) |
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Filing 46
ORDER DENYING AS MOOT #38 Motion to Compel. The components of Plaintiff's motions (#38 and #43 ) seeking an extension of time to effect service on defendants are GRANTED. Plaintiff shall have until December 1, 2014, to complete service on all unserved defendants. Signed by Magistrate Judge William G. Cobb on 10/16/2014. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 45 SUMMONS ISSUED as to David Evans and delivered to USM for service per #44 Minute Order. (KR) |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 10/10/2014, granting Plaintiff's #43 Motion; directing Clerk to issue a summons for Defendant David Evans and send it to the USM along with a copy of the #13 Amended Complaint and a copy of this order (placed in USM mailbox 10/10/2014). The Clerk shall send to plaintiff one USM-285 form (mailed via USPS 10/10/2014). Plaintiff shall have until 10/24/2014 to complete the USM-285 form and return it to the USM. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 43 MOTION to Serve Defendant, by Plaintiff John G. Walker. Responses due by 10/26/2014. (KR) |
| Filing 42 RESPONSE to #38 MOTION to Compel, filed by Defendants Greg Herrera, Mark Kessler, Darrin Rice. Replies due by 10/3/2014. (Attachments: #1 Exhibit A-C)(Kaplan, Herbert) |
| Filing 41 Summons Issued as to Ross Taylor re #13 Amended Complaint. Issued and distributed to US Marshal per #40 Minute Order. (JC) |
| Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 9/23/2014, granting in part and denying in part #39 Motion for Court Order of Service of Identified Defendants. Plaintiff's motion is granted as to Defendant Ross Taylor. Clerk shall issue summons and deliver same to US Marshal for service. Clerk shall send Plaintiff USM-285 form and copy of amended complaint #13 (mailed 9/23/14). Plaintiff shall have to 10/10/2014 to complete form and return with other documents to US Marshal. Plaintiff's motion is denied as to Defendant Evans. However, Defendants shall address issue of whether "Deputy Evans" can now be identified. (Copies have been distributed pursuant to the NEF - JC) |
| Filing 39 MOTION for Court Order of Service of Identified Defendants, by Plaintiff John G. Walker. Responses due by 10/6/2014. (KR) |
| Filing 38 MOTION to Compel - for an Order Compelling Disclosure or Discovery - by Plaintiff John G. Walker. Responses due by 10/3/2014. (JC) |
| Filing 37 NOTICE of Change of Address by Plaintiff John G. Walker. Old Address: Sacramento County Jail; New Address: NNCC. (JC) |
| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/14/2014, denying as moot Plaintiff's #35 Motion to Withdraw. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 35 MOTION to Withdraw #31 Motion to release and deliver legal work, by Plaintiff John G. Walker. Motion ripe 8/13/2014. (DRM) |
| Filing 34 DECLARATION of John G. Walker in response to #24 Answer. (DRM) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/6/2014, denying Plaintiff's #30 Motion for 120 Day Continuance; denying Plaintiff's #31 Motion for Order to release and deliver legal work. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 32 NOTICE of Change of Attorney on behalf of Defendants Greg Herrera, Mark Kessler, Darrin Rice. (Kaplan, Herbert) |
| Filing 31 MOTION to release and deliver legal work, material, evidence, by Plaintiff John G. Walker. Responses due by 8/21/2014. (DRM) |
| Filing 30 MOTION for 120 Day Continuance by Plaintiff John G. Walker. Responses due by 8/2/2014. (JC) |
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Filing 29
SCHEDULING ORDER / ORDER ON MOTIONS.Motion for Continuance #20 is granted. Plaintiff shall have up to and including 9/26/2014 to effectuate service as to defendants Taylor, Evans, Leonard and Youngblood. The scheduling order #25 is modified (Discovery due by 11/7/2014; Motions due by 12/8/2014). Motion for Case Records and Copies #23 is denied. Please see attached for further details. Signed by Magistrate Judge William G. Cobb on 7/10/14. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 28 NOTICE of Change of Address, by Plaintiff John G. Walker. Old: Sacramento County Main Jail 7E-312, 651 I St, Sacramento, CA, 95814. New: 3E-106 Sacramento County Main Jail, 651 I St, Sacramento, CA, 95814 (KR) |
| Filing 27 AFFIDAVIT of Mailing of #24 answer by Defendants Greg Herrera, Mark Kessler, Darrin Rice. (Kandaras, Mary) Modified on 6/18/2014 to identify what was mailed. Link added. (BLG). |
| Filing 26 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (KR) |
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Filing 25
SCHEDULING ORDER FOR CIVIL RIGHTS ACTIONS FILED BY INCARCERATED PRO SE PLAINTIFFS. Discovery due by 9/8/2014. Motions due by 10/8/2014. Proposed Joint Pretrial Order due by 10/13/2014. Signed by Magistrate Judge William G. Cobb on 6/9/2014. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 24 ANSWER to #13 Amended Complaint filed by Greg Herrera, Mark Kessler, Darrin Rice. Certificate of Interested Parties due by 6/19/2014. Discovery Plan/Scheduling Order due by 7/24/2014.(Kandaras, Mary) |
| Filing 23 MOTION for Case Records and Copies, by Plaintiff John G. Walker. Responses due by 6/23/2014. (KR) |
| Filing 22 NOTICE of Change of Address, by Plaintiff John G. Walker. Old: NNCC. New: Sacramento County Main Jail, 7E-312, 651 I St, Sacramento, CA, 95814. (Mail clerk sent P the forms requested.) (KR) |
| Filing 21 NOTICE of Service of Summons by John G. Walker. (JC) |
| Filing 20 MOTION for Continuance by Plaintiff John G. Walker. Responses due by 6/15/2014. (JC) |
| Filing 19 SUMMONS Returned Executed re #14 Summons Issued. Greg Herrera served on 5/19/2014, answer due 6/9/2014; Mark Kessler served on 5/19/2014, answer due 6/9/2014; Darrin Rice served on 5/19/2014, answer due 6/9/2014. (Attachments: #1 Summons, #2 Summons) (KR) |
| Filing 18 SUMMONS Returned Unexecuted as to Evans, Leonard, Taylor, Amy Youngblood, re #14 Summons Issued. (Attachments: #1 Summons, #2 Summons, #3 Summons)(KR) |
| Filing 17 MOTION for Reconsideration re #12 Screening Order, by Plaintiff John G. Walker. Responses due by 5/22/2014. (KR) |
| Filing 16 TRANSMITTAL to Plaintiff from USDC of docket sheet per #15 Order. (KR) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/30/2014, granting #11 Motion for Case Status and History. The Clerk shall send a copy of the docket sheet to Plaintiff (transmitted 4/30/2014). (Copies have been distributed pursuant to the NEF - KR) |
| Filing 14 Summons Issued as to Evans, Greg Herrera, Mark Kessler, Leonard, Darrin Rice, Taylor, Amy Youngblood re #13 Amended Complaint. Issued per #12 Order. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(JC) |
| Filing 13 AMENDED COMPLAINT with Jury Demand, filed by John G. Walker. Adds new parties. Filed per #12 Order. (JC) |
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Filing 12
SCREENING ORDER. Motion to File Amended Complaint #8 is granted. Clerk shall file amended complaint #8 -1. Counts dismissed/allowed to proceed as indicated in attached order. Defendants Haley and Gargyl are dismissed. Motion for Appointment of Counsel #9 is denied. Clerk shall issue summons for Defendants Taylor, Rice, Youngblood, Herrera, Evans, Leonard, and Kessler and deliver same with amended complaint to US Marshal for service. Clerk shall send to Plaintiff 7 USM-285 forms, one copy of amended complaint and copy of this order (sent via USPS 4/18/14). Plaintiff shall have 30 days to furnish US Marshal with required USM-285 forms. Please see attached for further details and deadlines. Signed by Judge Robert C. Jones on 4/28/14. (copy of complaint sent to P)(Copies have been distributed pursuant to the NEF - JC)
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| Filing 11 MOTION for Case Status and History, by Plaintiff John G. Walker. Responses due by 4/27/2014. (KR) |
| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 3/20/2014, re Letter Returned. (Attachments: #1 Letter Returned) (Copies have been distributed pursuant to the NEF - KR) |
| Filing 9 MOTION for Appointment of Counsel, by Plaintiff John G. Walker. Motion ripe 2/20/2014. (KR) |
| Filing 8 MOTION for Leave to Amend Complaint, by Plaintiff John G. Walker. Responses due by 3/9/2014. Attachments: #1 Proposed First Amended Complaint, #2 Civil Cover Sheet)(KR) |
| Filing 7 MOTION to Adjust #3 Order, by Plaintiff John G. Walker. (JC) |
| Filing 6 RECEIPT of Payment: $38.83, receipt number NVRNO 2018. (no image attached) (JC) |
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Filing 5
ORDER denying #4 Motion to adjust #3 order. Payment of initial partial filing fee due 12/16/2013. Signed by Chief Judge Robert C. Jones on 10/30/2013. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 4 MOTION To Adjust #3 Order, by Plaintiff John G. Walker. Responses due by 11/8/2013. (KR) |
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Filing 3
ORDERED that P's #1 IFP Application is GRANTED. P must pay an initial partial filing fee of $38.83 toward the full filing fee of $350.00. P until 11/14/2013 to have the designated fee sent to the clerk of the court. FURTHER ORD the clerk of the court shall provide P with 2 copies of this order. ( 2nd copy attached hereto electronically transmitted to P at NNCC on 10/15/2013. ) P shall make the necessary arrangements to have 1 copy of this order returned with payment. FURTHER ORD NDOC shall pay Clerk from Inmate account. Clerk shall send copy this order to Finance and NDOC inmate services. (Email to Finance; Copy mailed to NDOC on 10/16/2013.) Signed by Chief Judge Robert C. Jones on 10/15/2013. ( Attachments: #1 2nd Copy to P per Court Order )(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 2 NOTICE to Plaintiff from USDC advising case against defendant Haley, et al. has been received and assigned case number 3:13-cv-00485. (Inmate #*1102404*) (JC) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff John G. Walker. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(JC) |
| Case assigned to Chief Judge Robert C. Jones and Magistrate Judge William G. Cobb. (WJ) |
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