Strohmeyer v. Belanger et al
| Jeremy Joseph Strohmeyer |
| Beguefuth, K. Belanger, Board of Prison, Michael Bobadilla, Tara Carpenter, C. Cartier, Cathrine Masto Cortez, Dwayne Deal, S. L. Foster, James Fox, Starlin Gentry, M. Gilder, James Keener, Robert LeGrand, Secretary of State Ross Miller, Nevada Department of Corrections, Nevada, State Of, Valaree Olivas, C. Ruiz, C. Rutherford, Sandy, C. Schardin, S. Sisco, Adam Vallaster, Michael Ward, Whiteman and John Whiting |
| 3:2014cv00661 |
| December 18, 2014 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Robert C. Jones |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
374
ORDER - United States Magistrate Judge Cobb's Report and Recommendation (ECF No. 371 ) is adopted and accepted. Plaintiff's Cross-Motion for Summary Judgment (ECF No. 355 ) is stricken. Doe Defendants are dismissed w ithout prejudice. Defendants' Motion for Summary Judgment (ECF No. 337 ) is granted. Defendants' Motion for Leave to File Under Seal (ECF No. 338 ) is granted. Plaintiff's Motion for Partial Summary Judgment (ECF No. [3 43]) is denied. This Court declines to exercise supplemental jurisdiction over the remaining state law deprivation of property claims in Count XII and the assault and battery claims in Count XV. Plaintiff's Motion for Leave to File Excess Pages (ECF No. 372 ) is granted. Signed by Judge Robert C. Jones on 3/22/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
369
ORDER - Defendant Koree Kirkpatrick is DISMISSED without prejudice for Plaintiff's failure to comply with the Court's Notice of Intention to Dismiss (ECF No. 367 ) pursuant to FRCP 4(m). Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 10/22/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
368
ORDER - Plaintiff's Objections (ECF Nos. 305 , 345 , 362 ) and Motion for Preliminary Conference (ECF No. 323 ) are DENIED. Signed by Judge Robert C. Jones on 10/9/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
347
ORDER - Plaintiff's Objections to Magistrate Order (ECF Nos. 254 , 256 , 266 , 270 , 272 ) are DENIED. Signed by Judge Robert C. Jones on 7/8/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
312
ORDER Plaintiff's Motion (No. ECF 296 ) is granted in part and denied in part consistent with this order. (See order for specifics.) DAG Rands shall arrange for a meet and confer conference to take place within five business days of this order. (5/11/2020) Signed by Magistrate Judge William G. Cobb on 5/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
301
ORDER - Plaintiff's Motion to File Late Motion (ECF No. 299 ) and Motion for Order to Compel (ECF No. 300 ) are DENIED. Signed by Magistrate Judge William G. Cobb on 4/15/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
294
ORDER denying ECF Nos. 274 , 275 , 283 , 284 , 289 , 290 , 291 and 292 Motions. Signed by Magistrate Judge William G. Cobb on 4/6/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
282
ORDER granting ECF No. 281 Motion to Extend Time as follows: - Dispositive Motions due by Monday, May 4, 2020 Signed by Magistrate Judge William G. Cobb on 3/31/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
268
ORDER - Plaintiff's Objection/Appeal to Magistrate Order 150 (ECF No. 160 ) is DENIED AS MOOT. Plaintiff's Objection/Appeal to Magistrate Order 153 (ECF No. 164 ) is DENIED AS MOOT. Plaintiff's Objection/Appeal to M agistrate Order 196 (ECF No. 208 ) is DENIED. Plaintiff's Objection/Appeal to Magistrate Order 198 (ECF No. 209 ) is DENIED. Plaintiff's Objection/Appeal to Magistrate Order 232 (ECF No. 233 ) is DENIED. Signed by Judge Robert C. Jones on 1/7/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
240
ORDER - Plaintiff shall be given an additional thirty (30) days from the date of this order within which to file an opposition to Defendant's Motion to Dismiss (ECF No. 226 ). Signed by Magistrate Judge William G. Cobb on 11/15/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
198
ORDER - Plaintiff's motion to compel (ECF Nos. 147 , 149 , 150 & 175 ) is DENIED. Signed by Magistrate Judge William G. Cobb on 8/28/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
191
ORDER that Plaintiff is allowed to serve Defendants Jenkins/Armstead by publication in the Nevada Appeal, Defendant Keener via the Nevada Appeal/Lahontan Valley News and Defendant Miranda in the Reno Gazette-Journal; Clerk direct ed to issue new summonses for the three defendants and mail them to the Plaintiff for his service by publication (Mailed to P on 8/28/2019); Clerk also directed to mail copies of the Summons and Third Amended Complaint to each of the Defendant s at their respective addresses contained in Defendants' filings of last known addresses for these Defendants (ECF No. 157 ) (Mailed to Defendants on 8/28/2019); Clerk directed to file a Notice that the mailings were effected to the three (3) Defendants upon completion. Signed by Magistrate Judge William G. Cobb on 8/27/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
186
ORDER re ECF No. 153 Order, clarifying that the conclusion should read that Plaintiff may proceed in Count IV with the First Amendment mail tampering claim against Jenkins and Bequette, and against the unidentified mailroom officers if substituted within the parameters of the operative scheduling order and Federal Rules of Civil Procedure. Signed by Magistrate Judge William G. Cobb on 8/23/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
173
ORDER - Plaintiff's motion to correct errors (ECF No. 163 ) is GRANTED as specified herein. AG shall file a Notice by 8/20/2019 re acceptance of service as to Cartier, Gilder and Schardin. If service not accepted the AG shall fi le under seal, but not serve Plaintiff, the last known addresses of those defendants. Answer/response to Third Amended Complaint (ECF No. 120 ) due by 9/5/2019. If Plaintiff wishes to proceed with Count XII, he must file a simple motion by 8/27/201 9. To the extent this Order has any impact on the answer to the Third Amended Complaint previously filed by the Defendants, the Defendants may file an amended answer by 9/5/2019. Signed by Magistrate Judge William G. Cobb on 8/6/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
153
ORDER that the Third Amended Complaint (ECF No. 120 ) is the operative complaint and will proceed as outlined herein order; the TAC will NOT proceed on the claims outlined herein order or as to the parties which were already dismissed with prejudice from this action; the AG shall file a notice by 7/16/2019 re acceptance of service and/or provide last-known-address information under seal; answer/response due within 30 days for any defendants represented; the court will address the stay of deadlines and scheduling order as well as Plaintiff's requests to serve defendants named in prior iterations of the complaint by publication at the status conference set for August 14, 2019. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 7/2/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
144
ORDER GRANTING ECF No. 143 Motion to Extend Time : Defendants shall have to and including July 30, 2019, in which to respond to Plaintiff's requests for the production of documents submitted to Dwayne Deal. Signed by Magistrate Judge William G. Cobb on 6/3/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
142
ORDER denying Plaintiff's ECF Nos. 100 , 101 , and 108 Objections. Signed by Judge Robert C. Jones on 5/29/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
136
ORDER granting Plaintiff's ECF No. 132 Motion to Extend Time - Plaintiff's deadline to effect service on the listed defendants extended to 7/23/2019; directing Defendants to respond to ECF Nos. 131 , 133 , 134 , and 135 Motions to Serve by Publication by 5/6/2019. Signed by Magistrate Judge William G. Cobb on 4/24/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
128
ORDER granting ECF No. 127 Motion for Extension of Time to Respond to Plaintiff's Requests for the Production of Documents Submitted to David Carpenter, Christopher Cartier, and David Bequette (First Request). Signed by Magistrate Judge William G. Cobb on 3/19/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
124
ORDER denying 107 Plaintiff's Motion for Service by Publication and 123 Plaintiff's Motion to Strike. See Order for details. Signed by Magistrate Judge William G. Cobb on 2/27/2019. (Copies have been distributed pursuant to the NEF - HJ)
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Filing
119
ORDER granting Plaintiff's ECF No. 118 Motion for Extension of Time to Complete Service - deadline extended to 5/17/2019; granting Plaintiff's ECF No. 110 Motion to Amend, directing Clerk to file proposed Third Amended C omplaint; staying the discovery and dispositive motion deadlines set forth in ECF No. 81 Scheduling Order; denying as moot Plaintiff's ECF No. 113 Motion to Extend Discovery Deadline. Signed by Magistrate Judge William G. Cobb on 2/15/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
89
MINUTE ORDER - Plaintiff's motions for defaults (ECF Nos. 85 , 86 , 87 , and 88 ) are DENIED. Signed by Magistrate Judge William G. Cobb on 12/3/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
73
ORDER granting ECF No. 71 Motion to Extend Time : Answer/response to Complaint due by 11/26/2018. Signed by Magistrate Judge William G. Cobb on 9/28/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
56
AMENDED ORDER re ECF No. 51 Order denying Motion to Reconsider . Signed by Judge Robert C. Jones on 8/7/2018. (Copies have been distributed pursuant to the NEF - DRM) Modified on 8/7/2018 to correct text (DRM).
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Filing
54
ORDER that Clerk shall electronically SERVE NV AG with a copy of this order and a copy of ECF No. 33 Plaintiff's second amended complaint (E-service and NEF regenerated on 8/2/2018); service must be perfected by 10/31/2018; AG to advise Court by 8/23/2018 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and ad dress for the defendant(s); answer/response due due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 8/2/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
51
ORDER denying Plaintiff's ECF No. 49 Motion for Reconsideration. Signed by Judge Robert C. Jones on 7/24/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
43
ORDER denying Plaintiff's ECF No. 39 Motion for Screening; denying Plaintiff's ECF No. 41 Motion for Screening or Transfer. Signed by Judge Robert C. Jones on 3/27/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
34
ORDER denying Plaintiff's ECF No. 32 Motion for District Judge to Reconsider Order. Signed by Judge Robert C. Jones on 2/17/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
19
ORDER giving Plaintiff 30 days to file second amended complaint curing deficiencies of amended complaint; directing Clerk to send Plaintiff 1983 form, instructions, copy of ECF No. 9 Amended Complaint, and copy of ECF No. 15 USCA Memorand um (mailed 10/18/2016). If Plaintiff chooses not to file second amended complaint, action shall proceed on the following (see order for details). Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR) Modified on 10/18/2016 to clarify (KR).
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Filing
8
SCREENING ORDER granting 4 motion requesting leave to file a new IFP application; granting 5 IFP application; granting 7 motion to file an amended complaint; directing Clerk to file the 7 -1 amended complaint; d ismissing in its entirety with prejudice the amended complaint; certifying that any IFP appeal would be taken "in good faith" pursuant to 28 USC 1915(a)(3); directing Clerk to enter judgment accordingly. Payment of an initial in stallment of filing fee not required. NDOC to pay Clerk from inmate account. The Clerk shall send a copy of this order to NDOC Chief of Inmate Services (mailed 5/7/2015; NEF also sent to USDC Finance Dept). See order for further details. Signed by Judge Robert C. Jones on 5/7/2015. (Copies have been distributed pursuant to the NEF - KR)
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