Horton II v. Frazier et al
Plaintiff: Allen Horton II
Defendant: Frazier, J Benson, Gaylene Fukagawa, Nurse Melissa LNU and Karalene Kellon
Interested Party: Nevada Department of Corrections
Case Number: 3:2022cv00487
Filed: November 1, 2022
Court: U.S. District Court for the District of Nevada
Presiding Judge: Craig S Denney
Referring Judge: Miranda M Du
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2022 Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 12/15/2022. By Deputy Clerk: AB.In light of the inmate early mediation conference having been scheduled after the current deadline for the 90-day stay and the 90-day stay report (ECF No. #3 ), the stay and the deadline for the report shall be extended to Friday, February 24, 2023. Until the Court lifts the stay, no other pleadings or papers may be filed in this case, and the parties may not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the Court to do so. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - AB)
December 15, 2022 Opinion or Order Filing 6 ORDER SETTING Inmate Early Mediation Conference. An Inmate Early Mediation Conference is set for TUESDAY, 2/21/2023 at 1:00 pm by videoconference before Mediator FRANK LAFORGE. If Plaintiff is incarcerated at a facility using e-filing, Plaintiff shall request the law librarian scan his or her mediation brief, along with any exhibits, and email it to InmateMediationBrief@nvd.uscourts.gov. If Plaintiff is not in custody or is at a facility not using e-filing, he or she must mail the mediation brief in an envelope clearly marked "Confidential, Contains Mediation Statement" to: Bruce R. Thompson Courthouse, 400 S. Virginia Street, Suite 301, Reno NV 89501. Defense counsel must scan the defenses mediation statement, along with any exhibits, and email it to the following email address: InmateMediationBrief@nvd.uscourts.gov. The parties' mediation statements must be received by the court no later than 4:00 p.m., on TUESDAY, 2/7/2023. Finally, Defense counsel must email Ashlyn Bye at Ashlyn_Bye@nvd.uscourts.gov and provide the email addresses for each participant for the defense who will appear at the mediation no later than 4:00 p.m. on TUESDAY, 2/7/2023. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for additional specifics. Signed by Magistrate Judge Craig S. Denney on 12/15/2022. (Copies have been distributed pursuant to the NEF - DRM)
December 12, 2022 Filing 5 LIMITED NOTICE of Appearance by attorney William Shogren on behalf of Interested Party Nevada Department of Corrections. Limited Notice of Appearance (Shogren, William)
November 21, 2022 Filing 4 COMPLAINT by Allen Horton II. (Filed pursuant to ECF No. #3 Order; copy to P; E-service to AG.) (DRM)
November 21, 2022 Opinion or Order Filing 3 SCREENING ORDER - A decision on the IFP application (ECF No. #1 ) is deferred. Clerk is directed to file the complaint (ECF No. #1 - 1) and send Plaintiff a courtesy copy. (Copy attached hereto for distribution to P via NNCC law library.) Defendant Frazier is dismissed from the entirety of this action without prejudice. The Eighth Amendment claim for deliberate indifference to serious medical needs will proceed against Defendants Fukagawa, Melissa, Kellon, and Dr. Benson. This action stayed 90 days to permit parties to settle. If the case does not settle, Plaintiff will be required to pay the full statutory filing fee. 90 day report due by 2/19/2023. Clerk is directed to add NDOC to docket as Interested Parly, and E-serve AG this order and a copy of the Complaint, by adding AG to docket. (E-service 11/21/2022; Complaint upon subsequent filing.) AG must advise by 12/12/2022 re appearance for settlement purposes. Signed by Chief Judge Miranda M. Du on 11/21/2022. (copy of complaint sent to P) (Attachments: #1 Copy of Complaint for Plaintiff)(Copies have been distributed pursuant to the NEF - DRM)
November 1, 2022 Filing 2 ADVISORY LETTER to litigant. (CJS)
November 1, 2022 Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Allen Horton II. (Attachments: #1 Complaint)(CJS)
November 1, 2022 Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (CJS)

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Plaintiff: Allen Horton II
Represented By: Northern Nevada Correctional Center
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Defendant: Frazier
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Defendant: J Benson
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Defendant: Gaylene Fukagawa
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Defendant: Nurse Melissa LNU
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Defendant: Karalene Kellon
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Interested party: Nevada Department of Corrections
Represented By: William Shogren
Represented By: Aaron D. Ford-AG
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