Iden v. Hernandez et al
| Richard Iden |
| Caseworker Hernandez, Warden Gittere, Dugan and David Drummond |
| 3:2021cv00389 |
| August 30, 2021 |
| US District Court for the District of Nevada |
| William G Cobb |
| Miranda M Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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Filing 14
SCREENING ORDER - Order denying as moot First Application to Proceed in forma pauperis (ECF No. #4 ); A decision on the Second Application to Proceed in forma pauperis (ECF No. #11 ) is deferred. The first-amended complaint [ECF No. #10 ] is the operative complaint in this case. The Clerk of the Court is directed to send Plaintiff a courtesy copy of the first-amended complaint. (Attached hereto for distribution to P via ESP law library.) Claims may proceed as specified herein. This action stayed 90 days to permit parties to settle. 90-day report due by 1/26/2022. This case is referred to the Courts Inmate Early Mediation Program and a subsequent order will issue. If case does not settle P shall pay full $350 filing fee. Any motion to exclude from mediation due by no later than 21 days prior to the date set for mediation. Clerk shall e-SERVE AG a copy of this order, and the FAC (ECF No. #10 ) by adding AG to docket. (E-service 10/28/2021; ECF No. #10 via NEF regeneration.) AG must advise by 11/18/2021 re appearance for settlement purposes. Signed by Chief Judge Miranda M. Du on 10/28/2021. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 13 NOTICE of Appearance by attorney Henry Kim on behalf of Defendant Warden Gittere. (Kim, Henry) |
| Filing 12 RESPONSE to #5 Motion for Preliminary Injunction by Defendant Warden Gittere. Replies due by 11/2/2021. (Attachments: #1 Exhibit A) (Kim, Henry) |
| Filing 11 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Richard Iden. (SC) |
| Filing 10 AMENDED COMPLAINT against Dugan, Gittere, Hernandez, and Drummond by Richard Iden. Adds new parties (David Drummond). (SC) |
| Filing 9 MOTION for Ruling on Preliminary Injunction (ECF No. #5 ) by Plaintiff Richard Iden. Responses due by 11/8/2021. (SC) |
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Filing 8
ORDER Re: ECF No. #5 Motion for Preliminary Injunction : Within 14 days of the date of this Order (10/26/2021), the Attorney General's Office shall advise the court whether it will enter a limited notice of appearance on behalf of Defendants, and if so, also within 14 days of the date of this Order (10/26/2021), the Attorney General's Office shall file a response to Plaintiff's motion for preliminary injunction (ECF No. #5 ). Plaintiff will have seven days from the date he receives the response brief to file a reply. The court will then determine whether a hearing is necessary. The Clerk of the Court shall electronically serve a copy of this Order, a copy of Plaintiff's complaint (ECF No. #7 ), a copy of the screening order (ECF No. #6 ), as well as a copy of Plaintiff's motion for a preliminary injunction (ECF No. #5 ) on the Nevada Attorney General's Office by adding the Nevada Attorney General's Office to the docket sheet. This will not constitute a general appearance. (NEFs # 5, 6, 7 regenerated to AG on 10/12/2021 to effect e-service of specified documents.) Signed by Magistrate Judge William G. Cobb on 10/12/2021. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 7 COMPLAINT against all Defendants by Richard Iden. Proof of service due by 1/6/2022. (Filed pursuant to ECF No. #6 Screening Order) (SC) |
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Filing 6
SCREENING ORDER - A decision on the application to proceed in forma pauperis (ECF No. #4 ) is deferred. Clerk is directed to file the Complaint (ECF No. #1 -1). The Clerk of Court is directed to add Caseworker Dugan as a defendant on the docket sheet. Counts will proceed, or are dismissed, as specified herein. Defendant Hernandez is dismissed without prejudice from this case. Any Amended Complaint is due within 30 days from the date of entry of this order. If Iden chooses not to file an amended complaint curing the stated deficiencies of the First Amendment retaliation claim, this action will proceed only on the Eighth Amendment failure to protect claim against Defendants Dugan, Gittere, and Doe caseworkers when Iden learns their identities. It is further ordered that the Court will address the motion for preliminary injunction (ECF No. #5 ) in a separate order. Signed by Chief Judge Miranda M. Du on 10/8/2021.(Copies have been distributed pursuant to the NEF - SC)
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| Filing 5 MOTION for Preliminary Injunction by Plaintiff Richard Iden. Responses due by 10/19/2021. (SC) |
| Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Richard Iden. (SC) |
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Filing 3
ORDER - The Clerk of the Court will send Plaintiff the approved IFP application form by an inmate, and instructions for the same (attached hereto for distribution to Plaintiff by ESP). On or before November 2, 2021, Plaintiff will either pay the full $402 filing fee or file with the Court: 1.) Application to Proceed IFP; 2.) Financial Certification; and 3.) trust fund account statement. If Plaintiff fails to comply with this Order, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff has all three documents needed to file a complete application to proceed in forma pauperis or pays the full $402 filing fee. The Clerk of the Court will retain the complaint (ECF No. #1 -1) but will not file it at this time. Signed by Magistrate Judge William G. Cobb on 9/3/2021. (Attachments: #1 Application to Proceed in Forma Pauperis Form and Instructions)(Copies have been distributed pursuant to the NEF - SC)
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| Filing 2 ADVISORY LETTER to litigant. (DRM) |
| Filing 1 RECEIPT of Initiating Documents by Court on behalf of Plaintiff. No Application to Proceed IFP or Filing Fee received with complaint. (Attachments: #1 Complaint) (DRM) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ) |
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