Berry v. State of Nevada et al
| Michael Berry |
| State of Nevada, Travis Lucia, Washoe County and Parole and Probation |
| 3:2022cv00079 |
| February 10, 2022 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Miranda M Du |
| Anne R Traum |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 COMPLAINT by Michael Berry. (Filed pursuant to ECF No. #16 Order.) (DRM) |
Filing 16
ORDERED that the Report and Recommendation (ECF No. #15 ) is accepted and adopted in full. Plaintiff's IFP application (ECF No. #12 ) is GRANTED. Plaintiff is required to pay, through NDOC, an initial partial filing fee in the amount of $14.76, within thirty days of this order (10/19/2022); thereafter NDOC shall pay clerk from inmate account. Clerk shall copy this order to NDOC Chief of Inmate Services. (Mailed to NDOC 9/19/2022.) Clerk is directed to FILE the complaint (ECF No. #1 - 1). IT IS FURTHER ORDERED that the action is DISMISSED WITH PREJUDICE as to Lucia, the State of Nevada, and the Division of Parole and Probation. The action is DISMISSED WITH PREJUDICE insofar as Plaintiff seeks to sue Valencia and Washoe County under 42 U.S.C. 1983. Valencia and Washoe County are DISMISSED WITHOUT PREJUDICE only insofar as Plaintiff may seek relief for ineffective assistance of counsel via a direct appeal of his conviction, State habeas proceeding, or federal habeas proceeding after Plaintiff has sought and is denied habeas relief in State court. This action is administratively closed. Signed by District Judge Anne R. Traum on 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 15
REPORT AND RECOMMENDATION that the District Judge enter an order GRANTING Plaintiff's IFP application (ECF No. #12 ); however, Plaintiff is required to pay an initial partial filing fee in the amount of $14.76, within thirty days of the entry of any order adopting and accepting this Report and Recommendation. Thereafter, he is required to make monthly payments as specified herein even if the action is dismissed. The Clerk should be directed to SEND a copy of an order adopting and accepting this Report and Recommendation to the attention of Chief of Inmate Services for the Nevada Department of Corrections. The complaint (ECF No. 1-1) should be FILED. The action should be DISMISSED as specified herein. This action should be administratively closed. See attached PDF Order for specifications. Objections to R&R due by 8/17/2022. Signed by Magistrate Judge Craig S. Denney on 8/3/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 14 NOTICE/LETTER to Clerk from Michael Berry re ECF No. #13 Response intended for Second Judicial District Court; please disregard and send back. (DRM) |
| Filing 13 RESPONSE Opposition to Respondents Motion to Dismiss, (captioned for USDC, annotated case number appears to be State Court matter), by Plaintiff Michael Berry. (DRM) |
| Filing 12 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Michael Berry. (HKL) |
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Filing 11
ORDER granting #10 Plaintiff's Motion to Extend Time. Plaintiff shall have to and including May 20, 2022, in which to file his completed IFP application and financial certificate pursuant to the court's order of February 28, 2022 (ECF No. #2 ). Signed by Magistrate Judge Craig S. Denney on 4/19/2022. (Copies have been distributed pursuant to the NEF - HJ)
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| Filing 10 MOTION/Request for extension of deadline (Second Request) re ECF No. #5 Order by Plaintiff Michael Berry. (HKL) |
| Filing 9 CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Anne R. Traum, this case is reassigned to Judge Anne R. Traum for all further proceedings. All further documents must bear the correct case number 3:22-cv-00079-ART-CSD. (no image attached) (CJD) |
| Filing 8 NOTICE of Change of Address by Plaintiff Michael Berry. Old address LCC. New address SDCC. (DRM) |
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Filing 7
ORDER - The court has received information via an undeliverable notice (ECF No. #6 ) that Plaintiff may now be housed at Southern Desert Correctional Center. If so, Plaintiff is directed to immediately file a notice of change of address in accordance with LR IA 3-1. This order shall be served upon Plaintiff in care of the Southern Desert Correctional Center and Lovelock Correctional Center. (Email NEF sent to Plaintiff at both LCC and SDCC.) Signed by Magistrate Judge Craig S. Denney on 3/16/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 6 Mail Returned as Undeliverable "Inmate at SDCC", electronically sent to Michael Berry at LCC. (DRM) |
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Filing 5
ORDER - Pursuant to the court's order of February 28, 2022 (ECF No. #2 ), giving Plaintiff until March 30, 2022, to file his IFP application and financial certificate, Plaintiff's request (ECF No. #3 ) is GRANTED to the extent that Plaintiff shall have to including Friday, April 15, 2022, in which to file a completed IFP application and financial certificate. Signed by Magistrate Judge Craig S. Denney on 3/10/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 4 Mail (e-filing) Returned as Undeliverable ("Inmate at SDCC") re ECF No. #3 Motion to Extend/Shorten Time addressed to Michael Berry. (HKL) |
| Filing 3 MOTION/Request for extension of deadline re ECF No. #2 Order on Motion/Application to Proceed in forma pauperis by Plaintiff Michael Berry. (HKL) |
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Filing 2
ORDER - The IFP application (ECF No. #1 ) is DENIED WITHOUT PREJUDICE. The Clerk shall SEND Plaintiff a copy of the instructions and application to proceed IFP for an inmate (attached hereto for distribution to Plaintiff by LCC). Plaintiff has 30 days from the date of this Order to either file his completed IFP application and financial certificate using the correct forms or pay the full $402 filing fee (due by 3/30/2022). Signed by Magistrate Judge Craig S. Denney on 2/28/2022. (Attachments: #1 IFP Application and Instructions) (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Michael Berry. (Attachments: #1 Complaint) (HKL) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (WJ) |
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