Garrison v. NDOC Director, et al
| Arthur Lee Garrison |
| E. Albana, B. Aulkner, R. Baker, S. Berrett, G. Brown, C/O Bulford, M. Byrne, Q. Byrne, Mr. Campbell, D. Carpenter, RN G. Carpenter, R. Dugon, James Dzurenda, J. Faljszek, T. Filson, W. Gitiere, A. Gregerson, D.A. Jones, Dr. M. Khoen, S. Lematra, S Mattinson, Jo Miller, J. Nash, Nevada Department of Corrections Director, Nevada Department of Corrections Housing, D. Neven, C/O Oliver, M. Oxborrow, Kathy RN, Melissa RN, S. Rose, Russell, S. Sisco, C/O Smith, D. Stevens, B. Stroud, M. Vidal and Wickham |
| 3:2017cv00391 |
| June 22, 2017 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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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
273
ORDER - It is ordered that Plaintiff's objection (ECF No. 267 ) to the Report and Recommendation of U.S. Magistrate Judge William G. Cobb is overruled. The Report and Recommendation of U.S. Magistrate Judge William G. Cobb (ECF No. [266 ]) is accepted and adopted in full. Defendants motion for summary judgment (ECF No. 247 ) is granted. Plaintiff's request under Rule 56(d) is denied as stated in the R&R. (ECF No. 266 at 5-7.) Plaintiff's request to strike certain documents is denied as stated in the R&R. (ECF No. 266 at 7.) The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 8/9/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
269
ORDER - In the exercise of the Court's Discretion, it DENIES Plaintiff's Motion for Reconsideration for appointment of Counsel (ECF No. 268 ). Signed by Magistrate Judge William G. Cobb on 6/23/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
262
ORDER denying Plaintiff's ECF No. 261 Motion for Appointment of Counsel. Signed by Magistrate Judge William G. Cobb on 4/20/2021. (Copies have been distributed pursuant to the NEF - KR)
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Filing
254
ORDER granting ECF No. 253 Motion to Extend Time. Defendants shall have up to Wednesday, March 3, 2021, to file a response to the ECF No. 246 Motion. Signed by Magistrate Judge William G. Cobb on 2/4/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
243
ORDER granting ECF No. 242 Motion to Extend Time. Defendants have until January 21, 2021, to file their Motion for Summary Judgment. Signed by Magistrate Judge William G. Cobb on 12/22/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
237
ORDER - Judge Cobb's Reports and Recommendations (ECF Nos. 227 , 228 , 230 ) are accepted and adopted in full. Defendants' Motion to Dismiss (ECF No. 148 ) is denied as moot. Plaintiff's Motions to Dismiss the Dismis sal of Dr. Aranas (ECF Nos. 198 , 207 ) are denied. Clerk is directed to strike the later-filed of those identical motions (ECF No. 207 ) as redundant. Plaintiff may not file redundant materials in the future. Defendants Stoke and Smith are dismissed from this case, without prejudice, for lack of service under Federal Rule of Civil Procedure 4(m). The Court will dismiss Defendant Dr. Schlauger under Federal Rule of Civil Procedure 4(m) if Plaintiff does not file proof that he ha s served Dr. Schlauger within 30 days of the date of entry of this order. Plaintiff's three dispositive motions (ECF Nos. 195 , 218 , 219 ) are denied. Signed by Chief Judge Miranda M. Du on 12/1/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
211
ORDER denying 208 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge William G. Cobb on 10/27/2020. (Copies have been distributed pursuant to the NEF - HJ)
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Filing
181
ORDER denying ECF No. 177 Motion for Appointment of Counsel. Signed by Magistrate Judge William G. Cobb on 10/1/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
171
ORDER - Clerk shall issue a summons for Angela Gregerson and send the same to the USM with the address provided under seal (ECF No. 170 ), one (1) copy of the Fourth Amended Complaint (ECF No. 129 ), one (1) copy of the Screening Order (ECF No. 128 ), and one (1) copy of this order for service on the Defendant (Electronic Service to USM via email on 8/31/2020). Clerk shall send Plaintiff one (1) USM-285 form (Attached hereto for distribution to Plaintiff by LCC). Plaintiff shall have until Friday, September 18, 2020, to complete the USM-285 service form and return it to the USM, 400 South Virginia Street, Room 201, Reno NV 89501. Signed by Magistrate Judge William G. Cobb on 8/31/2020. (Attachments: # 1 USM-285 Form) (Copies have been distributed pursuant to the NEF - AB)
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Filing
146
ORDER - Plaintiff's "Motion or Objecting to a lot of or all of 1 thou (sic) 20 or 1 thou (sic) 27 139 Document" (ECF No. 144 ) is DENIED as moot. Signed by Magistrate Judge William G. Cobb on 4/20/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
131
ORDER that Plaintiff's motion for leave to have documents in the record sealed (ECF No. 130 ) is granted in part. The Clerk shall SEAL the following exhibits: ECF Nos. 116 -2, 116 -3, 116 -4, and 116 -6. Signed by Magistrate Judge William G. Cobb on 2/28/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
128
ORDER that Plaintiff's motion for leave to amend (ECF No. 101 ) is GRANTED; the Clerk shall FILE the fourth amended complaint (ECF No. 101 -1); Plaintiff may PROCEED with Eighth Amendment deliberate indifference to serious medical needs claims against Brown, Matousek, Stoke, Dr. Koehn, A. Gregerson, Mitchell, Dr. Schlauger, Dr. Aranas, Dr. Scott Monthei; and retaliation claims against Neven, Mitchell, Russell and Smith consistent with this Order; Defendants Oxb orrow, Baker, Miller, Falisek, G. Carpenter, Jones (NDOC medical), Jennifer Nash, Elizabeth Albana, Scott Mortinson, Rob Faulkner, Doe OMD head of classification and Jane Doe Carson Cat Scan expert are DISMISSED WITHOUT PREJUDICE; AG to advise Court within (21) days of the date of this order re acceptance of service and/or provide last-known-address information under seal; answer/response due within 45 days of the date of this Order for any defendants represented; ECF Nos. [ 106], 108 , 109 , 121 , 122 , 125 , 126 and 127 are DENIED; ECF No. 116 is DENIED AS MOOT; ECF No. 117 is GRANTED and ECF Nos. 118 -1, 118 -2, 118 -3, and 118 -4 shall be SEALED; the Clerk shall construe Plaintiff's filing at ECF No. 123 as his response to Defendants' pending motion for summary judgment instead of a motion to dismiss; the current scheduling order deadlines are VACATED. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 2/24/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
85
ORDER re ECF No. 83 Proposed Amended Complaint. Defendants need not respond to Plaintiff's filing (ECF No. 83 ). See order pdf for specifics. Signed by Magistrate Judge William G. Cobb on 10/25/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
81
ORDER that Defendants are to file a response to Plaintiff's motion for preliminary injunction (ECF No. 77 ) within 21 days of the date of this Order. Signed by Magistrate Judge William G. Cobb on 10/18/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
75
ORDER DENYING AS MOOT ECF No. 68 Motion. If P has not reviewed medical kites he shall notify the court immediately. If P has reviewed medical kites, then Reply to ECF No. 65 Response re 61 Motion for TRO/Preliminary Injunction due by 10/21/2019. Signed by Magistrate Judge William G. Cobb on 10/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
55
ORDER denying Plaintiff's ECF No. 52 Motion for Appointment of Counsel. Signed by Magistrate Judge William G. Cobb on 8/1/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
48
ORDER granting ECF No. 47 Motion To Extend Time to File Responsive Pleading to ECF No. 34 TAC (First Request). Defendants Guy Brown and Julie Matousek's answer/response due by 6/20/2019. Signed by Magistrate Judge William G. Cobb on 5/22/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
45
ORDER granting ECF No. 1 IFP application - NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC chief of inmate services); directing Clerk to e-serve this order and the ECF No. 34 Third Amended Complaint on the NV AG (NEFs sent 3/22/2019); directing AG to advise Court and Plaintiff within 21 days re appearance. Answer due within 60 days for any defendants represented. Plaintiff to serve defendants copies of all pleadings and include certificate of service. Case is no longer stayed. The ECF No. 42 Motion to Correct Grievance Number is granted. See order for further details. Signed by Magistrate Judge William G. Cobb on 3/22/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
32
ORDER that a decision on the application to proceed in forma pauperis (ECF No. 1) is deferred; first amended complaint ECF No. 22 is dismissed as moot; motion for leave to file a correction to four pages ECF No. 24 is granted; motion for screening order ECF No. 27 is denied as moot; the motion for correction ECF No. 23 is granted; Clerk directed to filed ECF No. 23 at 3-70 as the second amended complaint; second amended complaint ECF No. 23 at 3-70 is dismissed without prejudice and with leave to amend; Defendants Nevada Department of Corrections and the Utilization Review Committee are dismissed from this case with prejudice; third amended complaint, if plaintiff chooses to file , due by 12/05/2018; Clerk directed to send plaintiff instructions and approved § 1983 complaint form, and a copy of the second amended complaint ECF No. 23 at 3-70 (attached hereto and sent via LCC Law Library); if plaintiff fails to file third amended complaint, this action will be dismissed with prejudice. (Attachments: # 1 Instructions, # 2 Civil Rights Complaint Form, # 3 Amended Complaint)(Copies have been distributed pursuant to the NEF - KW)
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Filing
21
ORDER denying ECF Nos. 19 Motion to Seal and 20 Motion for Reconsideration of Appointment of Counsel. Plaintiff is reminded that the deadline to file the Amended Complaint is 08/24/2018. Signed by Magistrate Judge William G. Cobb on 8/7/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
17
ORDER that plaintiff is to file an Amended Complaint 8/24/2018 as indicated in order. Amended complaint will supersede the original complaint. Any Amended complaint filed must conform to the requirements of Fed.R.Civ.P. 8(a)(2). Signed by Magistrate Judge William G. Cobb on 7/23/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
9
ORDER that a decision on the application to proceed in forma pauperis ECF No. 1 is deferred; the complaint and addendums ECF Nos. 1 -1, 1 - 2, 1 -3, 1 -4, 1 -5, 1 -6, 1 -7, 1 -8, 1 -9, 1 -10, 1 -11, 1 -12, 1 -13, 1 -14, [ 3], 4 , 5 are dismissed without prejudice; leave to file an amended complaint is deferred; the motions for appointment of counsel/guardian ad litem ECF Nos. 1 -15, 6 are deferred; Clerk directed to e-serve copy of order to AG by adding AG to docket (e-served on 06/12/2018); AG to enter a limited notice of appearance by 07/03/2018; AG's office to file under seal any mental health records, medical or other records that are relevant to Plaintiff's mental health or competence. See order for further details. Signed by Magistrate Judge William G. Cobb on 6/12/2018. (Copies have been distributed pursuant to the NEF - KW)
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