Lavin v. Scarlett
Plaintiff: Cody Lavin
Defendant: Mr. Scarlett
Case Number: 3:2017cv00731
Filed: December 21, 2017
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Robert C. Jones
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
October 25, 2024 Opinion or Order Filing 18 ORDER - It is therefore ordered that the motion to reinstate civil action (ECF No. 16) is granted. It is further ordered that the Clerk of the Court: (1) reopen this case; (2) reinstate the application to proceed in forma pauperis (ECF No. 1 ) as an active, pending motion; (3) send Plaintiff courtesy copies of the Complaint (ECF No. 7 ), screening order (ECF No. 6 ), and follow up order (ECF No. 8 ). It is further ordered that a decision on the application to proceed in forma pa uperis (ECF No. 1 ) is deferred. It is further ordered that the operative complaint is located at ECF No. 7 . It is further ordered that, pursuant to the screening order and follow up order, this action will proceed only on the excessive force claim against Defendant Scarlett (claim 1). This action is stayed for 90 days. 90 day report is due by 1/23/2025. The Clerk of Court is further directed to add the Nevada Department of Corrections to the docket as an Interested Part y and electronically provide a copy of this order and copies of all items previously filed in this case by regenerating the Notices of Electronic Filing on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada to the interested party on the docket. (E-Service of Order; NEF Regenerated for 1-17 to AG only on 10/25/2024). It is further ordered that the Attorney General's Office must advise the Court within 21 days of the date o f the entry of this order (11/15/2024) whether it will enter a limited notice of appearance on behalf of Interested Party for the purpose of participation in the Early Mediation Program. Signed by Judge Miranda M. Du on 10/25/2024. (Copies have been distributed pursuant to the NEF - DLS)
January 14, 2019 Opinion or Order Filing 12 ORDER that this action is dismissed without prejudice based on Plaintiff's failure to comply with this Court's 9/7/2018, order; the application to proceed in forma pauperis ECF No. 1 is denied as moot; Clerk directed to enter judgment. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - KW)
December 10, 2018 Opinion or Order Filing 8 ORDER pursuant to ECF No. 6 screening order; this action shall proceed on the excessive force claim in Count I against Defendant Scarlett; case stayed until 3/10/2019 to allow parties to settle their dispute before the filing fee is paid; A G must file the report regarding the results of the 90 day stay; "settlement" may or may not include payment of money damages; if any party seeks exclusion from inmate mediation program, that party must file a motion to exclude case from m ediation by 12/31/2018; Clerk directed to electronically serve a copy of this order, ECF No. 6 screening order and a copy of ECF No. 7 complaint on the AG (E-service and NEF regenerated on 12/10/2018); AG to advise the Court by 1 2/31/2018 whether it will enter a limited notice of appearance on behalf of Defendant for purpose of settlement. See order for further details. Signed by Magistrate Judge Carla Baldwin Carry on 12/10/2018. (Copies have been distributed pursuant to the NEF - LH)
November 7, 2018 Opinion or Order Filing 6 ORDER that a decision on the IFP Application (ECF No. 1 ) is DEFERRED; Clerk directed to file the Complaint (ECF No. 1 -1) and send Plaintiff a courtesy copy (Mailed to P on 11/7/2018); Count I MAY PROCEED against Defendant Scarlett; Counts II and III are DISMISSED, with leave to amend by 12/5/2018; Clerk directed to send Plaintiff the approved form for filing a § 1983 complaint, instructions, and a copy of the Complaint (ECF No. 1 -1) (Mailed to P on 11/7/2018); a separate screening order will be done by the Court if an amended complaint is filed; if Plaintiff does not timely file an amended complaint, the Court may dismiss with prejudice without further notice. Signed by Judge Robert C. Jones on 11/7/2018. (Copies have been distributed pursuant to the NEF - LH)
September 7, 2018 Opinion or Order Filing 4 ORDER - Plaintiff shall file his updated address with the Court by 10/7/2018. Signed by Magistrate Judge Carla Baldwin Carry on 9/7/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Plaintiff: Cody Lavin
Represented By: c/o Librarian
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Defendant: Mr. Scarlett
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