Smith v. Olvera et al
| James Driscoll Smith |
| Brian Olvera, Joshua Taylor and Jacob Ballensky |
| 3:2023cv00225 |
| May 31, 2023 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Robert C Jones |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 SUMMONS ISSUED as to All Defendants. (Issued pursuant to ECF No. #7 order). (Attachments: #1 Taylor Summons, #2 Ballensky Summons) (DLS) |
Filing 7
ORDER - Claims will proceed as detailed herein. The Clerk shall ISSUE a summons for Brian Olvera, Joshua Taylor, and Jacob Ballensky and deliver the same to the U.S. Marshal together with a copy of the complaint, (ECF No. #5 ), the screening order, (ECF No. #4 ), and this order for service on Defendants. (Emailed 7/14/2023). The Clerk shall SEND to Smith three USM-285 forms. (Mailed 7/14/2023). Smith shall have until August 11, 2023, to complete the USM-285 service forms and return to the U.S. Marshal, 400 S. Virginia Street, 2nd Floor, Reno, Nevada 89501. Smith shall serve upon Defendants or Defendants counsel a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge Carla Baldwin on 7/13/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 7/11/2023. Mailed 1983 Complaint forms to inmate. (Attachments: #1 Letter)(Copies have been distributed pursuant to the NEF - DLS) |
| Filing 5 COMPLAINT by James Driscoll Smith. (Filed pursuant to ECF No. #4 .) (HKL) |
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Filing 4
ORDER SCREENING COMPLAINT AND DENYING MOTION FOR APPOINTMENT OF COUNSEL. Smith's application to proceed in forma pauperis, (ECF No. #1 ), is GRANTED. The Clerk to FILE the complaint, (ECF No. #1 -1). Smith may PROCEED on his Fourth Amendment excessive force claim against Defendant Olvera. Smith may PROCEED on his Fourth Amendment failure to intervene claim against Defendants Taylor and Ballensky. The motion for appointment of counsel (ECF No. #3 ) is DENIED. If Smith chooses to file an amended complaint, he must do so within 30 days from the date of entry of this order (by 7/15/23). If Smith chooses not to file an amended complaint, he will proceed on his excessive force claim against Defendant Olvera and failure to intervene claim against Defendants Taylor and Ballensky. Signed by Magistrate Judge Carla Baldwin on 6/15/2023. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 3 MOTION for Appointment of Counsel by Plaintiff James Driscoll Smith. (DLS) |
| Filing 2 ADVISORY LETTER to litigant. (DLS) |
| Case randomly assigned to Judge Robert C. Jones and Magistrate Judge Carla Baldwin. (DLS) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff James Driscoll Smith. (Attachments: #1 Complaint)(DLS) |
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