Fernandez-Morales v. Currier et al
| Nevada District Court | |
| Judge: | Anne R Traum |
| Referred: | Craig S Denney |
| Case #: | 3:23-cv-00115 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 20, 2023 |
Create an account to get the full party report for this case.
| Docket last updated: 9 hours ago |
| Wednesday, April 17, 2024 | ||
| 41 | 41
misc
Objection Report and Recommendation
Thu 04/18 12:31 PM
OBJECTION to39 Report and Recommendation by Plaintiff Yoandy Fernandez-Morales. Response to Objections to R&R due by 5/1/2024. (DRM) |
|
| Tuesday, April 09, 2024 | ||
| 40 | 40
1
pgs
order
Order on Motion for Appointment of Counsel Order on Motion to Stay Case
Tue 04/09 1:04 PM
ORDER - Plaintiff's pending motion for appointment of counsel (ECF No.35 ), and Defendants' pending motion to stay discovery (ECF No.36 ) are DENIED AS MOOT . Signed by Magistrate Judge Craig S. Denney on 4/9/2024. (Copies have been distributed pursuant to the NEF - DRM) |
|
| 39 | 39
motion
Report and Recommendation
Tue 04/09 1:00 PM
REPORT AND RECOMMENDATION that the District Judge enter an order GRANTING Defendants' motion to dismiss on qualified immunity grounds and enter judgment in their favor. Objections to R&R due by 4/23/2024. Signed by Magistrate Judge Craig S. Denney on 4/9/2024. (Copies have been distributed pursuant to the NEF - DRM) |
|
| Tuesday, April 02, 2024 | ||
| 38 | 38
respm
Reply
Tue 04/02 1:57 PM
REPLY to Response to36 Motion to Stay Case or Discovery by Defendants Currier, Hernandez, Hutchings, McDaniels. (Hendges, Leo) |
|
| Thursday, March 28, 2024 | ||
| 37 | 37
respm
Response
Fri 03/29 10:12 AM
RESPONSE to ECF No.36 Motion to Stay Case or Discovery by Plaintiff Yoandy Fernandez-Morales. Replies due by 4/4/2024. (GA) |
|
| Tuesday, March 26, 2024 | ||
| 36 | 36
motion
Motion Stay Case or Discovery
Tue 03/26 1:48 PM
First MOTION to Stay Discovery re18 Motion to Dismiss by Defendants Currier, Hernandez, Hutchings, McDaniels. Responses due by 4/9/2024. (Hendges, Leo) |
|
| Thursday, March 21, 2024 | ||
| 35 | 35
motion
Motion Appointment of Counsel
Thu 03/21 12:48 PM
MOTION for Appointment of Counsel, by Plaintiff Yoandy Fernandez-Morales. (GA) |
|
| 34 | 34
notice
Notice AO 85 Consent to Mag Judge
Thu 03/21 7:27 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.) (DRM) |
|
| Wednesday, March 20, 2024 | ||
| 33 | 33
order
Scheduling Order
Wed 03/20 11:17 AM
SCHEDULING ORDER AND DISCOVERY PLAN RE: PRO SE § 1983 ACTIONS. Discovery due by 9/16/2024 . Dispositive Motions due by 10/16/2024 . Proposed Joint Pretrial Order due by 11/15/2024 . Signed by Magistrate Judge Craig S. Denney on 3/20/2024.(Copies have been distributed pursuant to the NEF - KW) |
|
|
Att: 1
consent
|
||
|
minutes
Miscellaneous Hearing
Wed 03/20 11:13 AM
MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 3/20/2024 before Magistrate Judge Craig S. Denney. Crtrm Administrator: Karen Walker ; Pla Counsel: Yoandy Fernandez-Morales, Pro Se and Interpreter: Mariteresa Rivera-Rogers ; Def Counsel: Leo Hendges ; Court Reporter: Liberty Court Recorder ; Time of Hearing: 9:00 a.m. ; Recording start and end times: 9:01:45 a.m. - 9:33:18 a.m. ; Courtroom: 2 . Interpreter sworn in by courtroom deputy. The Court addresses the parties regarding purpose of the hearing. The Court advises that this case is now in the discovery phase and that the parties will have 180 days to complete discovery (September 16, 2024). The Court discusses the general discovery process, limitations, rules, and deadlines with the parties. The Court further advises the requirements for stipulations for extension of time and notes the importance that the parties are required to meet and confer to resolve discovery issues prior to the filing of a formal discovery motion. The Scheduling Order outlining the dates that will govern this action will be issued after today's hearing. The Court has reviewed of the parties' case management reports (ECF Nos. 25 / 29 ) and notes both parties consent to the Magistrate Judge for the entirety of the case. The Court directs the courtroom deputy to attach the consent form to the scheduling order so the parties can complete the form and return it to the Clerk's Office for processing. The Court further notes the Defendants' Case Management Report states discovery should be stayed pending decision on the motion to dismiss. Counsel is directed to file a motion or stipulation regarding stay of discovery for the Court's consideration. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
||
| Thursday, February 29, 2024 | ||
| 31 | 31
3
pgs
order
Order on Motion for Miscellaneous Relief
Thu 02/29 1:33 PM
ORDER denying 23 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge Craig S. Denney on 2/29/2024.(Copies have been distributed pursuant to the NEF - HJ) |
|
| 30 | 30
respm
Reply
Thu 02/29 11:58 AM
REPLY to ECF No.28 Response re ECF No.23 Motion, by Plaintiff Yoandy Fernandez-Morales. (GA) |
|
| Wednesday, February 28, 2024 | ||
| 29 | 29
misc
Case Management Report
Wed 02/28 3:30 PM
CASE MANAGEMENT REPORT by Defendants Currier, Hernandez, Hutchings, McDaniels. (Hendges, Leo) |
|
| Tuesday, February 27, 2024 | ||
| 28 | 28
respm
Response
Tue 02/27 3:33 PM
RESPONSE to23 Motion by Defendants Currier, Hernandez, Hutchings, McDaniels. Replies due by 3/5/2024. (Hendges, Leo) |
|
| Thursday, February 22, 2024 | ||
| 27 | 27
1
pgs
order
Order on Motion for Miscellaneous Relief
Thu 02/22 11:59 AM
ORDER granting ECF No.26 Motion to Obtain a Spanish Interpreter.The Clerk of Court shall arrange for a Spanish interpreter for the Case Management Conference scheduled on Wednesday, March 20, 2024, at 9:00 a.m . Signed by Magistrate Judge Craig S. Denney on 2/22/2024.(Copies have been distributed pursuant to the NEF - DLS) |
|
| Wednesday, February 21, 2024 | ||
| 26 | 26
motion
Motion Miscellaneous Relief
Wed 02/21 11:39 AM
MOTION to Obtain a Spanish Translator for Mandatory Case Management Conference, by Plaintiff Yoandy Fernandez-Morales. Responses due by 3/6/2024. (DLS) (misc) (nondispositive) |
|
| 25 | 25
misc
Case Management Report
Wed 02/21 11:38 AM
CASE MANAGEMENT REPORT by Plaintiff Yoandy Fernandez-Morales. (DLS) |
|
| Tuesday, February 20, 2024 | ||
| 24 | 24
respm
Reply
Tue 02/20 2:57 PM
REPLY to Response to18 Motion to Dismiss by Defendants Currier, Hernandez, Hutchings, McDaniels. (Hendges, Leo) |
|
| Thursday, February 15, 2024 | ||
| 23 | 23
motion
Motion Miscellaneous Relief
Thu 02/15 1:13 PM
MOTION for Judicial Notice, by Plaintiff Yoandy Fernandez-Morales. Responses due by 2/29/2024. (GA) (misc) (nondispositive) |
|
| 22 | 22
misc
Declaration
Thu 02/15 11:04 AM
DECLARATION of of Witness, by Plaintiff Yoandy Fernandez-Morales. (GA) |
|
| Wednesday, February 14, 2024 | ||
| 21 | 21
respm
Response
Wed 02/14 11:02 AM
RESPONSE to ECF No.18 Motion to Dismiss, by Plaintiff Yoandy Fernandez-Morales. Replies due by 2/21/2024. (GA) |
|
| Monday, February 12, 2024 | ||
| 20 | 20
3
pgs
order
Order
Mon 02/12 2:05 PM
ORDER SETTING MANDATORY TELEPHONIC CASE MANAGEMENT CONFERENCE. A Telephonic Case Management Conference is set for WEDNESDAY, MARCH 20, 2024, at 9:00 A.M. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. To join the conference, defense counsel shall dial 1-888-557-8511 , enter the access code 3599743 , and enter the security code 32023 , 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 Wednesday, March 13, 2024 . Signed by Magistrate Judge Craig S. Denney on 2/12/2024. (Copies have been distributed pursuant to the NEF - KW) |
|
| 19 | 19
order
Minute Order Klingele
Mon 02/12 7:20 AM
MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 2/12/2024. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No.18 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - DRM) |
|
| Thursday, February 08, 2024 | ||
| 18 | 18
motion
Motion Dismiss
Thu 02/08 11:10 AM
MOTION to Dismiss7 Complaint by Defendants Currier, Hernandez, Hutchings, McDaniels. Responses due by 2/22/2024.(Hendges, Leo) |
|
|
Att: 1
Exhibit A
|
||
| Friday, January 26, 2024 | ||
| 17 | 17
notice
Notice Change of Address
Fri 01/26 10:49 AM
NOTICE of Change of Address by Plaintiff Yoandy Fernandez-Morales. Previous address: NNCC; New address: HDSP. (DLS) |
|
| Tuesday, January 02, 2024 | ||
| 16 | 16
service
Acceptance of Service
Tue 01/02 10:02 AM
ACCEPTANCE OF SERVICE by McDaniels, Hutchings, Currier, Hernandez on 1/2/2024 executed by McDaniels, Hutchings, Currier, Hernandez re15 Order on Motion/Application to Proceed in forma pauperis,,,,,, Order on Motion to Extend Copy Work,,,,,,,,,,,. McDaniels accepted service on 1/2/2024, answer due 3/2/2024; Hutchings accepted service on 1/2/2024, answer due 3/2/2024; Currier accepted service on 1/2/2024, answer due 3/2/2024; Hernandez accepted service on 1/2/2024, answer due 3/2/2024. (Hendges, Leo) |
|
| Wednesday, December 13, 2023 | ||
| 15 | 15
4
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis Order on Motion to Extend Copy Work
Wed 12/13 2:51 PM
ORDER - Plaintiff's IFP Application (ECF No.4 ) is GRANTED . The Clerk of the Court will send a copy of this order to the Finance Division of the Clerk's Office and to the attention of Chief of Inmate Services for the Nevada Department of Corrections (Emailed 12/13/2023). Clerk shall e-SERVE AG this order and copy of Plaintiff's complaint (ECF No.7 ) by adding AG to docket. (E-service of order 12/13/2023; Complaint via NEF regeneration). Service must be perfected within 90 days from the date of this order (3/11/2024) . AG shall advise within 21 days of date of entry of this order (1/2/2024) re acceptance of service; and file under seal addresses for Ds for which service not accepted. P shall file a motion re unserved Ds. If AG accepts service then answer due within 60 days from the date of this order (2/10/2024) . Henceforth P shall serve Ds or Ds counsel a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Plaintiff's motion to extend his copy work account (ECF No.14 ) is granted in part in the amount of $5.00. The Nevada Department of Corrections will extend Plaintiffs prison copy work limit by another $5.00. Signed by Magistrate Judge Craig S. Denney on 12/13/2023. (Copies have been distributed pursuant to the NEF - GA) |
|
| Monday, December 11, 2023 | ||
| 14 | 14
motion
Motion Extend Copy Work
Mon 12/11 1:58 PM
MOTION to Extend Prison Copy Work Limit, by Plaintiff Yoandy Fernandez-Morales. (DRM) |
|
| 13 | 13
misc
Status Report
Mon 12/11 7:48 AM
STATUS REPORT of the Office of the Attorney General Re: Results of the 90-Day Stay by Interested Party Nevada Department of Corrections.. (Hendges, Leo) |
|
| Tuesday, November 21, 2023 | ||
|
minutes
Early Mediation Conference
Tue 11/21 3:42 PM
MINUTES OF PROCEEDINGS - Video Global Early Mediation Conference held on 11/21/2023 before Mediator Kevin Kampschror. Crtrm Administrator: AB ; Pla Counsel: Yoandy Fernandez-Morales, Pro Se ; Def Counsel: Leo Hendges with State Tort Claims Manager Nancy Katafias & Warden Nethanjah Breitenbach ; Court Reporter: Zoom ; Interpreter: Estela Castro ; Language: Spanish ; Time of Hearing: 1:00 p.m. ; Recording start and end times: 3:29 p.m. - 3:32 p.m. . 1st mediation session held globally with Case Numbers 3:23-cv-00068-MMD-CLB & 3:23-cv-00124-MMD-CLB. A settlement was NOT reached. (no image attached) (Copies have been distributed pursuant to the NEF - AB) |
||
| Tuesday, October 03, 2023 | ||
| 11 | 11
10
pgs
order
Order Setting Inmate Early Mediation Conference
Tue 10/03 7:25 AM
ORDER Setting Global Inmate Early Mediation Conference for Tuesday, November 21, 2023, at 1:00 p.m. by video conference before Mediator Kevin Kampschror. The parties' mediation statements must be received by the court no later than 4:00 p.m., on Tuesday, November 7, 2023. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Craig S. Denney on 10/3/2023. (Copies have been distributed pursuant to the NEF - AB) |
|
| Monday, October 02, 2023 | ||
| 10 | 10
notice
Limited Notice Appearance of Counsel
Mon 10/02 7:54 AM
LIMITED NOTICE of Appearance by attorney Leo Thomas Hendges on behalf of Interested Party Nevada Department of Corrections. (Hendges, Leo) |
|
| Tuesday, September 26, 2023 | ||
| 9 | 9
1
pgs
order
Order on Motion for Miscellaneous Relief
Tue 09/26 11:59 AM
ORDER granting 8 Plaintiff's Motion for Spanish Interpreter for his upcoming inmate early mediation conference. The inmate mediation coordinator will arrange for a Spanish interpreter for the mediation. Signed by Magistrate Judge Craig S. Denney on 9/26/2023.(Copies have been distributed pursuant to the NEF - HJ) |
|
| Monday, September 25, 2023 | ||
| 8 | 8
motion
Motion Miscellaneous Relief
Mon 09/25 1:16 PM
MOTION for Appointment of Interpreter (Spanish) by Plaintiff Yoandy Fernandez-Morales. Responses due by 10/9/2023. (DLS) (misc) (nondispositive) |
|
| Friday, September 22, 2023 | ||
| 7 | 7
cmp
Complaint
Fri 09/22 11:16 AM
COMPLAINT by Yoandy Fernandez-Morales. (Filed pursuant to ECF No.6 order). (DLS) |
|
|
Att: 1
Exhibits
|
||
| Thursday, September 21, 2023 | ||
| 6 | 6
12
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis Order on Motion to Amend/Correct Screening Order
Fri 09/22 11:14 AM
Order - A decision on the IFP application (ECF No.4 ) is deferred . The motion for permission to file exhibits (ECF No.1 -2) is granted . The Clerk of the Court will file the complaint with exhibits (ECF Nos.1 -1,1 -3) and send Plaintiff a courtesy copy. (ATTACHED HERETO FOR DISTRIBUTION TO P VIA NNCC LAW LIBRARY) . Claims will proceed, or are dismissed, as detailed herein. Defendant Nevada Department of Corrections is dismissed from the complaint with prejudice. The motion for leave to correct and add defendants (ECF No.5 ) is denied . This action is stayed 90 days to allow parties to settle.90-day report due by 12/21/2023 . If case does not settle, Plaintiff will be required to pay the full filing fee. The Clerk of Court is further directed to add the Nevada Department of Corrections to the docket as an Interested Party and electronically serve a copy of this order and a copy of Plaintiffs Complaint and Exhibits (ECF Nos.1 -1,1 -3) on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada to the interested party on the docket. (E-service of order and complaint 9/22/2023). AG shall advise within 21 days of the date of the entry of this order (10/13/2023) re acceptance of service for the purpose of participation in the Early Mediation Program. Signed by District Judge Anne R. Traum on 9/21/2023.(Copies have been distributed pursuant to the NEF - DLS) |
|
|
Att: 1
Complaint,
|
||
|
Att: 2
Exhibits
|
||
| Monday, May 22, 2023 | ||
| 5 | 5
motion
Motion Amend/Correct
Mon 05/22 9:09 AM
MOTION for Leave to Correct error, add defendants, by Plaintiff Yoandy Fernandez-Morales. Responses due by 6/5/2023. (DRM) (pleading) |
|
| Tuesday, March 21, 2023 | ||
| 4 | 4
motion
Motion/Application Leave to Proceed In Forma Pauperis
Tue 03/21 9:48 AM
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Yoandy Fernandez-Morales. (CJS) |
|
| 3 | 3
service
Proposed Summons to be issued
Tue 03/21 9:47 AM
PROPOSED SUMMONS to be issued by Plaintiff Yoandy Fernandez-Morales. (CJS) |
|
| Monday, March 20, 2023 | ||
| 2 | 2
notice
Advisory Letter Pro Se non-habeas
Mon 03/20 12:32 PM
ADVISORY LETTER to litigant. (CJS) |
|
| 1 | 1
misc
Receipt Initiating Documents
Mon 03/20 12:27 PM
RECEIPT of Initiating Documents by Court on behalf of Plaintiff. No Application to Proceed IFP or Filing Fee received. (CJS) |
|
|
Att: 1
Complaint,
|
||
|
Att: 2
Motion for Permission to File Index of Exhibits,
|
||
|
Att: 3
Exhibit
|
||
|
utility
Assign Judges in Civil Case
Mon 03/20 12:30 PM
Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Craig S. Denney. (CJS) |
||