Knight v. Elko County et al
| Wade Alan Knight |
| Elko, County of, Aitor Narvaiza, Parry, Starla Ricks, Dr. Taylor, Medallus Medical Care, Sheriff Aitor Narvaiza, Lt Adrian Parry, Dr Starla Ricks and Dr Taylor Crowther |
| 3:2022cv00331 |
| July 25, 2022 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Miranda M Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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| Filing 27 NOTICE re #11 service re defendant Starla Ricks, by Wade Alan Knight. (DRM) Modified to link to executed summons/USM285 on 1/20/2023 (DRS). |
| Filing 26 REQUEST for Appointment of Pro Bono Counsel by Plaintiff Wade Alan Knight. (CJS) |
| Filing 25 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (DRM) |
Filing 24
ORDER - IT IS HEREBY ORDERED that Defendants' Motion for Leave to Depose Incarcerated Person Wade Alan Knight (ECF No. #21 ) is GRANTED. Defendants shall coordinate the deposition of Plaintiff with officials at the Elko County Jail. Signed by Magistrate Judge Craig S. Denney on 1/3/2023.(Copies have been distributed pursuant to the NEF - CJS)
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Filing 23
SCHEDULING ORDER AND DISCOVERY PLAN RE: PRO SE 1983 ACTIONS. Discovery due by 7/3/2023. Dispositive Motions due by 8/2/2023. Proposed Joint Pretrial Order due by 9/1/2023. Signed by Magistrate Judge Craig S. Denney on 1/3/2023. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 22 MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 1/3/2023 before Magistrate Judge Craig S. Denney. Crtrm Administrator: Karen Walker; Pla Counsel: Wade Knight, Pro Se; Def Counsel: Brent Ryman; Court Reporter: Liberty Court Recorder; Time of Hearing: 9:00 a.m.; Recording start and end times: 9:01:27 a.m. - 9:23:31 a.m.; Courtroom: 2.The Court addresses reason for hearing and review of the parties' Case Management Reports (ECF Nos. #19 / #20 ). The Court advises that this case is now in the discovery phase and that the parties will have 180 days from today to complete discovery (July 3, 2023). The Court advises that a Scheduling Order outlining the dates that will govern this action will be issued after today's hearing. The Court discusses the general discovery process, limitations, rules, and deadlines with the parties. The Court notes the importance that if discovery issues arise, the parties are required to meet and confer to resolve the issue prior to the filing of a formal discovery motion. The Court further advises the requirements for stipulations for extension of time. Plaintiff makes oral requests a copy of discovery rules. The Court denies Plaintiff's oral request and advises Plaintiff to use library as a resource. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
| Filing 21 MOTION to Take Deposition from WADE ALAN KNIGHT by Defendants Elko, County of, Aitor Narvaiza, Adrian Parry. Responses due by 1/17/2023. (Ryman, Brent) |
| Filing 20 CASE MANAGEMENT REPORT by Defendants Elko, County of, Aitor Narvaiza, Adrian Parry. (Ryman, Brent) |
| Filing 19 CASE MANAGEMENT REPORT by Plaintiff Wade Alan Knight. (DRM) |
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Filing 18
AMENDED ORDER SETTING MANDATORY TELEPHONIC CASE MANAGEMENT CONFERENCE - Mandatory Telephonic Case Management Conference set for Tuesday, 1/3/2023 at 09:00 AM before Magistrate Judge Craig S. Denney. In advance of the mandatory case management conference, each party shall file a case management report no later than TUESDAY, DECEMBER 27, 2022 (12/27/2022). Signed by Magistrate Judge Craig S. Denney on 11/29/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing 17
ORDER SETTING MANDATORY TELEPHONIC CASE MANAGEMENT CONFERENCE. A mandatory telephonic case management conference will be held on TUESDAY, DECEMBER 27, 2022, at 9:00 AM. To join the conferece, each party is directed to call the toll-free telephone number 1-888-557-8511; Access Code: 3599743; Security Code: 122722, approximately five (5) minutes prior to the hearing. Defense counsel shall make the necessary arrangements for the Plaintiff's telephonic appearance at this conference and shall provide the Courtroom Deputy, Karen Walker, at karen_walker@nvd.uscourts.gov with the telephone number at which the plaintiff can be reached for this mandatory telephonic case management conference. In advance of the mandatory case management conference, each party shall file a case management report no later than TUESDAY, DECEMBER 20, 2022. See attached PDF Order for additional specifications. Signed by Magistrate Judge Craig S. Denney on 11/28/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 16 CERTIFICATE of Interested Parties by Elko, County of, Aitor Narvaiza, Adrian Parry. There are no known interested parties other than those participating in the case. (Ryman, Brent) |
| Filing 15 ANSWER to #7 Amended Complaint, with Jury Demand filed by Elko, County of, Aitor Narvaiza, Adrian Parry. Discovery Plan/Scheduling Order due by 12/22/2022.(Ryman, Brent) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 14
ORDER DENYING ECF No. #10 Motion for Appointment of Counsel. Signed by Magistrate Judge Craig S. Denney on 11/15/2022.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 13 NOTICE Identifying Defendants Served. Additional attempted service not requested, by Wade Alan Knight. (DRM) |
| Filing 12 SUMMONS Returned Unexecuted by USM on behalf of Wade Alan Knight as to Taylor Crowther re ECF No. #9 Summons Issued. (CJS) |
| Filing 11 SUMMONS Returned Executed by USM on behalf of Wade Alan Knight re ECF No.s #9 Summons Issued. Elko, County of served on 11/1/2022; Aitor Narvaiza served on 11/1/2022; Adrian Parry served on 11/1/2022; Starla Ricks served on 11/1/2022. (Attachments: #1 Summons Returned Executed - Narvaiza, #2 Summons Returned Executed - Parry, #3 Summons Returned Executed - Ricks)(CJS) |
| Filing 10 MOTION for Appointment of Counsel, by Plaintiff Wade Alan Knight. (DRM) |
| Filing 9 SUMMONS ISSUED as to Elko County, Aitor Narvaiza, Adrian Parry, Starla Ricks, and Taylor Crowther. (Issued and emailed on 10/3/2022 to USMS pursuant to ECF No. #8 Order.) (Attachments: #1 Aitor Narvaiza, #2 Adrian Parry, #3 Starla Ricks, #4 Taylor Crowther) (DRM) |
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Filing 8
SCREENING ORDER ON FIRST AMENDED COMPLAINT - Knight's first two IFP applications (ECF Nos. #1 , #3 ) are denied as moot and his third application (ECF No. #4 ) is granted. Claims can proceed as detailed herein. Plaintiff Knight has until October 31, 2022 to provide the U.S. Marshal with the required USM-285 forms. Henceforth P shall serve Ds or Ds' counsel a copy of every pleading Submitted for consideration together with a certificate of service. The Clerk of the Court is directed to: Send a copy of this order to (1) the Finance Division of the Clerk's Office and (2) the attention of Chief of Inmate Services for the Elko County Detention Center, 775 W. Silver Street, Elko, NV 89801 (Email (NEF) to Finance; mailed to ECDC on 10/3/2022); and Issue summonses for Defendants Elko County, Aitor Narvaiza, Adrian Parry, Starla Ricks, and Taylor Crowther and deliver them to the U.S. Marshal, along with sufficient copies of the First Amended Complaint (ECF No. #7 ) and this order, for service on Defendants (Email to USMS on 10/3/2022l); and Send Plaintiff Knight five USM-285 forms and a courtesy copy of the FAC (ECF No. #7 ). (Five forms and copy of FAC mailed to P on 10/3/2022.) Signed by Chief Judge Miranda M. Du on 10/3/2022. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 7 AMENDED COMPLAINT against Taylor Crowther, Elko, County of, Aitor Narvaiza, Adrian Parry, Starla Ricks by Wade Alan Knight. No changes to parties except for providing full names for two defendants. (Attachments: #1 Exhibit - submitted in separate envelope) (CJS) |
| Filing 6 COMPLAINT by Wade Alan Knight. (Filed pursuant to ECF No. #5 Screening Order.) (HKL) |
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Filing 5
SCREENING ORDER- A decision on Plaintiff's applications to proceed in forma pauperis (ECF No. #1 , #3 , #4 ) is deferred. Clerk is directed to file Plaintiffs Complaint (ECF No. #1 -1). Claims are DISMISSED or may PROCEED as specified herein. Any First Amended complaint due by October 3, 2022. Defendant Medallus Medical Care is dismissed without prejudice from the Complaint. Clerk is directed to send to Plaintiff the approved 1983 form, instructions, and a copy of Plaintiffs original Complaint (ECF No. #1 -1) (Form, instructions, complaint copy mailed 9/2/2022.) Signed by Chief Judge Miranda M. Du on 9/2/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Wade Alan Knight. (HKL) |
| Filing 3 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Wade Alan Knight. (HKL) |
| Filing 2 ADVISORY LETTER to litigant. (DRM) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Wade Alan Knight. (Attachments: #1 Complaint)(DRM) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (WJ) |
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