Felix v. Dzurenda et al
| Nevada District Court | |
| Judge: | Miranda M Du |
| Referred: | Carla Baldwin |
| Case #: | 3:17-cv-00010 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 06, 2017 |
| Terminated: | Jun 26, 2020 |
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| Docket last updated: 04/18/2024 11:59 PM PDT |
| Friday, June 26, 2020 | ||
| 39 | 39
order
Judgment
Fri 06/26 7:32 AM
JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 6/26/2020. (Copies have been distributed pursuant to the NEF - AB) |
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| Thursday, June 25, 2020 | ||
| 38 | 38
2
pgs
order
Order on Motion for Summary Judgment Order on Report and Recommendation
Fri 06/26 7:29 AM
ORDER - Judge Baldwin's Report and Recommendation (ECF No.37 ) is accepted and adopted in full . Defendants' Motion for Summary Judgment (ECF No.33 ) is granted . Clerk is directed to enter judgment in accordance with this order and close this case. Signed by Chief Judge Miranda M. Du on 6/25/2020. (Copies have been distributed pursuant to the NEF - AB) |
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| Thursday, June 04, 2020 | ||
| 37 | 37
motion
Report and Recommendation
Thu 06/04 10:43 AM
REPORT AND RECOMMENDATION that Defendants' Motion for Summary Judgment (ECF No.33 ) be GRANTED and that the Clerk ENTER JUDGMENT accordingly. Objections to R&R due by 6/18/2020. Signed by Magistrate Judge Carla Baldwin on 6/4/2020. (Copies have been distributed pursuant to the NEF - AB) |
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| Friday, March 13, 2020 | ||
| 36 | 36
minord
Minute Order
Fri 03/13 4:58 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 3/13/2020. The court will sua sponte grant plaintiff an extension of time to Friday, March 27, 2020 to file an opposition to the motion. No further extensions of time shall be granted. (Copies have been distributed pursuant to the NEF - LW) |
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| Thursday, January 09, 2020 | ||
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misc
Errata
Thu 01/09 10:18 AM
ERRATA to33 Motion for Summary Judgment, by Defendants Michael Adams, Mollet. (Olsen, Rost) |
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Att: 1
Declaration David Drummond,
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Att: 2
Declaration Christopher Franklin
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order
Minute Order Klingele
Thu 01/09 8:27 AM
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/9/2020, regarding the requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No.33 Motion for Summary Judgment. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - KR) |
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| Wednesday, January 08, 2020 | ||
| 33 | 33
motion
Motion Summary Judgment
Wed 01/08 3:35 PM
MOTION for Summary Judgment Defendants' Motion for Summary Judgment by Defendants Michael Adams, Mollet. Responses due by 1/29/2020. (Olsen, Rost) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| Wednesday, November 13, 2019 | ||
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misc
Docket Notes
Wed 11/13 12:53 PM
***Notes: The U.S. Magistrate Judge on this case has changed her name to Judge Carla Baldwin effective immediately. (LG) |
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| Wednesday, November 06, 2019 | ||
| 32 | 32
notice
Notice Change of Deputy Attorney General
Wed 11/06 2:38 PM
NOTICE of Change of Deputy Attorney General on behalf of Defendants Michael Adams, Mollet. Deputy Attorney General Dennis W Hough terminated. (Olsen, Rost) |
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| Tuesday, September 10, 2019 | ||
| 31 | 31
notice
Notice AO 85 Consent to Mag Judge
Tue 09/10 9:12 AM
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 -[LINK: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.) (KR) |
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| 30 | 30
order
Scheduling Order
Tue 09/10 9:11 AM
SCHEDULING ORDER FOR CIVIL RIGHTS ACTIONS FILED BY INCARCERATED PRO SE PLAINTIFFS. Discovery due by 12/9/2019. Motions due by 1/8/2020. Proposed Joint Pretrial Order due 30 days past the date for filing motions for summary judgment. Signed by Magistrate Judge Carla Baldwin Carry on 9/10/2019. (Copies have been distributed pursuant to the NEF - KR) |
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| Tuesday, September 03, 2019 | ||
| 29 | 29
answer
Answer to Amended Complaint
Tue 09/03 4:59 PM
ANSWER to8 Amended Complaint with Jury Demand DEFENDANTS ANSWER TO filed by Michael Adams, Mollet. Discovery Plan/Scheduling Order due by 10/3/2019.(Hough, Dennis) |
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| Wednesday, July 24, 2019 | ||
| 28 | 28
service
Acceptance of Service
Wed 07/24 2:43 PM
ACCEPTANCE OF SERVICE by Mollet, Michael Adams on 7/24/2019 executed by Mollet, Michael Adams. Notice of Acceptance of Service (Hough, Dennis) |
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| 27 | 27
notice
Notice Corrected Image/Document
Wed 07/24 2:22 PM
NOTICE of Corrected Image/Document re26 Notice of Change of Deputy Attorney General by Defendants Michael Adams, Mollet. (Service of corrected image is attached.) (Hough, Dennis) |
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| 26 | 26
notice
Notice Change of Deputy Attorney General
Wed 07/24 2:12 PM
NOTICE of Change of Deputy Attorney General on behalf of Defendants Michael Adams, Mollet. Deputy Attorney General Heather Zana terminated. Notice of Change of Deputy Attorney General (Hough, Dennis) |
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| Wednesday, July 03, 2019 | ||
| 25 | 25
3
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis
Wed 07/03 11:45 AM
ORDER that Plaintiff's IFP application (ECF No.2 ) is GRANTED ; NDOC to pay Clerk from inmate account; Clerk directed to send a copy of this order to Finance and NDOC Chief of Inmate Services ( E-service to Finance and mailed to NDOC Chief on 7/3/2019 ); Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No.8 first amended complaint ( E-service and NEF regenerated on 7/3/2019 ); service must be perfected by 10/1/2019; AG to advise Court by 7/24/2019 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s); answer/response due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge Carla Baldwin Carry on 7/3/2019. (Copies have been distributed pursuant to the NEF - LH) |
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| Wednesday, June 12, 2019 | ||
| 24 | 24
misc
Status Report
Wed 06/12 7:10 AM
STATUS REPORT Report of the Office of the Attorney General Re: Results of the 90-Day Stay by Defendants Michael Adams, Mollet. (Zana, Heather) |
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| Tuesday, June 11, 2019 | ||
| 23 | 23
minutes
Early Mediation Conference
Tue 06/11 4:34 PM
MINUTES OF PROCEEDINGS - Early Mediation Conference held on 6/11/2019 before Mediator Alice Campos Mercado. Crtrm Administrator: LGM ; Pla Counsel: Nicolas Felix (By video) ; Def Counsel: Robert DeLong ; Recording start and end times: 4:05:28 - 4:06:37 ; Courtroom: 1 ; 1st mediation session. A settlement was NOT reached. The parties are at an impasse. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
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| Thursday, April 25, 2019 | ||
| 22 | 22
notice
Notice Change of Deputy Attorney General
Thu 04/25 10:05 AM
NOTICE of Change of Deputy Attorney General on behalf of Defendants Michael Adams, Mollet. Deputy Attorney General Erin L. Albright terminated. Notice of Change of Deputy Attorney General for Limited Notice of Appearance (Zana, Heather) |
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| Monday, April 15, 2019 | ||
| 21 | 21
minord
Minute Order Order on Motion for Miscellaneous Relief
Mon 04/15 4:37 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 4/15/2019. Plaintiff's motion for Attorney General to provide identity of Doe defendants for purposes of settlement (ECF No.12 ) is DENIED . (Copies have been distributed pursuant to the NEF - LH) Modified on 4/15/2019 to fix typo(LH) |
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| Friday, April 12, 2019 | ||
| 20 | 20
2
pgs
order
Order on Motion to Extend/Shorten Time ~Util - Terminate Deadlines/Hearings
Mon 04/15 10:59 AM
ORDER granting ECF No.19 Motion to Extend Time: 90 day stay report due two weeks after an EMC is scheduled in this matter. Signed by Magistrate Judge Carla Baldwin Carry on 4/12/2019. (Copies have been distributed pursuant to the NEF - DRM) |
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| Wednesday, April 10, 2019 | ||
| 19 | 19
motion
Motion Extend/Shorten Time
Wed 04/10 7:46 AM
First MOTION to Extend Time (First Request) Motion for Extension of the 90 Day Stay and Deadline to File the 90 Day Stay Report re10 Order on Motion/Application to Proceed in forma pauperis,,,,,, Screening Order,,,,, by Defendants Michael Adams, Mollet. (Albright, Erin) |
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| Monday, April 08, 2019 | ||
| 18 | 18
10
pgs
order
Order Setting Inmate Early Mediation Conference
Mon 04/08 2:58 PM
ORDER setting Inmate Early Mediation Conference. An Inmate Early Mediation Conference is set for 6/11/2019 at 02:30 PM in Reno Courtroom 1 before Mediator Alice Campos Mercado. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 404, Reno, NV 89501 no later than Tuesday, June 4, 2019 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin Carry on 4/8/2019. (Copies have been distributed pursuant to the NEF - LGM) |
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| Friday, March 08, 2019 | ||
| 17 | 17
notice
Notice Change of Address
Fri 03/08 11:34 AM
NOTICE of Change of Address, by Plaintiff Nicolas Felix. Old: Ely State Prison. New: High Desert. (KR) |
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| Tuesday, March 05, 2019 | ||
| 16 | 16
minord
Minute Order Order on Motion for Miscellaneous Relief ~Util - Terminate Deadlines/Hearings
Wed 03/06 10:33 AM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 3/5/2019. Plaintiff's motion for appoint of interpreter and re-setting of early mediation conference ECF No.14 is GRANTED in part and DENIED in part ; the request to reset mediation is GRANTED ; the request for appointment of interpreter is DENIED ; mediation set for 3/26/2019 at 8:30 is hereby VACATED and will be reset as soon as a date become available with a Spanish-speaking mediator; 90-day stay report is extended to be due 2 days following the inmate mediation. (Copies have been distributed pursuant to the NEF - KW) |
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| Monday, March 04, 2019 | ||
| 15 | 15
motion
Motion Miscellaneous Relief
Mon 03/04 3:24 PM
MOTION for Re-setting of Early Mediation Conference re ECF No.13 Order Setting Inmate Early Mediation Conference, by Plaintiff Nicolas Felix. Responses due by 3/18/2019. Image identical to ECF No. 14 Motion . (LH) |
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| 14 | 14
motion
Motion Miscellaneous Relief
Mon 03/04 3:23 PM
MOTION for Appointment of an Interpreter re ECF No.13 Order Setting Inmate Early Mediation Conference, by Plaintiff Nicolas Felix. Responses due by 3/18/2019.(LH) |
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| Tuesday, February 26, 2019 | ||
| 13 | 13
10
pgs
order
Order Setting Inmate Early Mediation Conference
Tue 02/26 9:11 AM
ORDER setting Inmate Early Mediation Conference. An Inmate Early Mediation Conference is set for 3/26/2019 at 08:30 AM in Reno Courtroom 1 before Mediator Sandra Ketner. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 404, Reno, NV 89501 no later than Tuesday, March 19, 2019 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin Carry on 2/26/2019. (Copies have been distributed pursuant to the NEF - LGM) |
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| Monday, January 28, 2019 | ||
| 12 | 12
motion
Motion Miscellaneous Relief
Mon 01/28 3:09 PM
MOTION for Order for Attorney General to Provide Identity of Defendant John Does I and II for Purposes of Settlement , filed by Plaintiff Nicolas Felix. Responses due by 2/11/2019. (KW) |
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| Thursday, January 24, 2019 | ||
| 11 | 11
notice
Notice Appearance
Thu 01/24 10:12 AM
NOTICE of Appearance by attorney Erin L. Albright on behalf of Defendant James Dzurenda. Limited Notice of Appearance (Albright, Erin) |
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| Friday, January 11, 2019 | ||
| 10 | 10
10
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis Screening Order
Fri 01/11 10:02 AM
SCREENING ORDER ON FIRST AMENDED COMPLAINT that a decision on Plaintiff's IFP application (ECF No.2 ) is deferred ; the operative complaint is the FAC (ECF No.8 ); Clerk directed to send Plaintiff a courtesy copy of FAC ( Mailed to P on 1/11/2019 ); correctional officer Adams is interpreted as a defendant; the State of Nevada and the NDOC are dismissed with prejudice; some claims permitted to proceed; Defendants Byrne, Filson, and McDaniel are dismissed ; case stayed until 4/11/2019 to allow parties to settle their dispute before filing fee is paid; AG must file the report regarding the results of the 90 day stay; "settlement" may or may not include payment of money damages; if the case does not settle, Plaintiff will be required to pay the full $350 filing fee; if any party seeks exclusion from inmate mediation program, that party must file a motion to exclude case from mediation by 2/1/2019 ; Clerk directed to electronically serve a copy of this order and ECF No.8 Plaintiff's FAC on AG ( E-service and NEF regenerated on 1/11/2019 ); AG to advise Court by 2/1/2019 whether it will enter a limited notice of appearance on behalf of Defendants for purpose of settlement. See order for further details. Signed by Judge Miranda M. Du on 1/11/2019. (Copies have been distributed pursuant to the NEF - LH) |
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| Thursday, August 30, 2018 | ||
| 9 | 9
notice
Clerks Notice Reassign Judge
Thu 08/30 2:57 PM
CLERK'S NOTICE - Due to the retirement of Magistrate Judge Valerie P. Cooke, this case is reassigned to Magistrate Judge Carla Baldwin Carry for all further proceedings. All further documents must bear the correct case number 3:17-cv-00010-MMD-CBC . (no image attached) (LG) |
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| Wednesday, February 07, 2018 | ||
| 8 | 8
cmp
Complaint Amended
Wed 02/07 12:28 PM
FIRST AMENDED COMPLAINT with Jury Demand against Harold Byrne, Filson, Mollet, State of Nevada, N.D.O.C., E. K. McDaniel, filed by Nicolas Felix. Adds and removes parties. Proof of service due by 5/8/2018.(DRM) |
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| Wednesday, January 10, 2018 | ||
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cmp
Complaint
Wed 01/10 1:53 PM
COMPLAINT by Nicolas Felix. ( Filed and dismissed in its entirety without prejudice, with leave to amend PER ECF No. 6 Order) .(LH) |
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| 6 | 6
7
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis Screening Order
Wed 01/10 1:53 PM
SCREENING ORDER that a decision on Plaintiffs IFP application ECF No.2 is deferred ; clerk directed to file the complaint ECF No.2 -1; complaint is dismissed in its entirety without prejudice, with leave to amend ; amended complaint, if Plaintiff chooses to file is due 2/9/2018 ; clerk directed to send approved form for filing a § 1983 complaint, instructions and a copy of ECF No.2 -1 complaint to Plaintiff (mailed to Plaintiff on 1/10/2018); if Plaintiff fails to timely file an amended complaint then this action will be dismissed with prejudice. See order for further details. Signed by Judge Miranda M. Du on 1/10/2018. (Copies have been distributed pursuant to the NEF - LH) |
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| Wednesday, October 04, 2017 | ||
| 5 | 5
minord
Minute Order
Wed 10/04 7:57 AM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 10/4/2017. RE: ECF No.4 Letter for Status Request. (Copies have been distributed pursuant to the NEF - LH) |
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Att: 1
Letter
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| Monday, October 02, 2017 | ||
| 4 | 4
misc
Letter for Status Request
Wed 10/04 7:46 AM
LETTER requesting status from Plaintiff Nicolas Felix. (LH) Modified on 10/4/2017 to correct file date (LH) |
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| Friday, January 06, 2017 | ||
| 3 | 3
notice
Inmate Advisory Letter - NOS 550 & 555
Fri 01/06 1:05 PM
ADVISORY LETTER to litigant. (KR) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Fri 01/06 1:02 PM
MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Nicolas Felix. (KR) |
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Att: 1
Civil Rights Complaint
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| 1 | 1
misc
Receipt of Payment
Fri 01/06 12:09 PM
RECEIPT of Payment: $48.12 , receipt number NVRNO-3546. (no image attached) (KR) |
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