Palmer v. Garrett et al

Nevada District Court
Judge:	Miranda M Du
Referred:	Craig S Denney
Case #:	3:23-cv-00479
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Prisoner Civil Rights

Case Filed:

Sep 29, 2023

Docket
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Docket last updated: 2 hours ago

Tuesday, March 11, 2025
47		47 minutes Motion Hearing Order on Motion for Miscellaneous Relief Tue 03/11 2:12 PM MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 3/11/2025 before Magistrate Judge Craig S. Denney. Crtrm Administrator: AB ; Pla Counsel: Markiece Palmer ; Def Counsel: Mayra Garay ; Court Reporter: Liberty ; Time of Hearing: 10:00 a.m. ; Recording start and end times: 9:57:22 a.m. - 10:15:24 a.m. ; Courtroom: 2 . The Court holds today's hearing on the Plaintiff's Motion to take Depositions upon Written Questions and Serve Subpoenas (ECF No. 40 ), the Plaintiff's Motion for Appointment of Expert Witness (ECF No. 41 ), and related briefing. IT IS ORDERED that the Plaintiff's Motion to take Depositions upon Written Questions and Serve Subpoenas (ECF No. 40 ) is denied without prejudice. IT IS FURTHER ORDERED that the Plaintiff's Motion for Appointment of Expert Witness (ECF No. 41 ) is denied without prejudice. (Copies have been distributed pursuant to the NEF - AB) Related: [-]
Friday, February 21, 2025
46		46 minord Minute Order Setting Hearing on Motion Fri 02/21 7:33 AM MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 2/21/2025. By Deputy Clerk: AB. A telephonic Motion Hearing is set for Tuesday, March 11, 2025, at 10:00 a.m. in Reno Courtroom 2 before Magistrate Judge Denney. The Office of the Attorney General shall arrange for the Plaintiff to be present by telephone and shall contact the Courtroom Administrator, Ashlyn Bye, at Ashlyn_Bye@nvd.uscourts.gov, at least one (1) week prior to the hearing to advise her of the telephone number where the Plaintiff may be reached. Counsel is directed to dial 1-855-244-8681, then enter the meeting number (access code): 2304 134 5528, approximately five (5) minutes prior to the hearing. The use of speaker phones and cell phones are prohibited by counsel. The Court will address the Plaintiff's Motion to take Depositions upon Written Questions and Serve Subpoenas (ECF No. 40 ), Motion for Appointment of Expert Witness (ECF No. 41 ), and related briefing. IT IS SO ORDERED. (no image attached) ( For Distribution by law library. ) (Copies have been distributed pursuant to the NEF - AB) Related: [-]
Monday, January 27, 2025
45		45 respm Reply Mon 01/27 10:45 AM REPLY to44 Response re41 Motion by Plaintiff Markiece Palmer. (GA) Related: [-]
Tuesday, January 21, 2025
44		44 respm Response Tue 01/21 2:49 PM RESPONSE to41 Motion by Defendants Tim Garrett, David Rivas, Erin Parks, Dana Marks. Replies due by 1/28/2025. (Garay, Mayra) Related: [-]
43		43 respm Reply Tue 01/21 10:10 AM REPLY to42 Response re40 Motion, by Plaintiff Markiece Palmer. (DLS) Related: [-]
Wednesday, January 15, 2025
42		42 respm Response Wed 01/15 10:32 AM RESPONSE to40 Motion by Defendants Tim Garrett, David Rivas, Erin Parks, Dana Marks. Replies due by 1/22/2025. (Garay, Mayra) Related: [-]
Monday, January 06, 2025
41		41 motion Motion Miscellaneous Relief Mon 01/06 9:07 AM MOTION for Appointment of Expert Witness, by Plaintiff Markiece Palmer. Responses due by 1/20/2025. (DLS) (misc) (nondispositive) Related: [-]
Thursday, January 02, 2025
40		40 motion Motion Miscellaneous Relief Thu 01/02 1:39 PM MOTION to take Depositions upon Written Questions and Serve Subpoenas by Plaintiff Markiece Palmer. Responses due by 1/16/2025. (GA) (misc) (nondispositive) Related: [-]
Monday, December 02, 2024
39		39 6 pgs order Order on Stipulation Scheduling Order Tue 12/03 11:30 AM ORDER granting38 STIPULATION FOR EXTENSION OF TIME. Discovery due by 4/10/2025. Motions due by 4/24/2025. Proposed Joint Pretrial Order due by 5/9/2025. Signed by Magistrate Judge Craig S. Denney on 12/2/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - GA) Related: [-]
Wednesday, November 27, 2024
38		38 motion Stipulation Wed 11/27 9:58 AM STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order to Extend Discovery Deadlines re30 Scheduling Order, by Defendants Tim Garrett, David Rivas, Erin Parks, Dana Marks. (Garay, Mayra) (extend) (discovery) Related: [-]
Tuesday, October 29, 2024
37		37 3 pgs order Order on Motion for Appointment of Counsel Tue 10/29 4:11 PM ORDER denying 36 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge Craig S. Denney on 10/29/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - HJ) Related: [-]
Friday, October 04, 2024
36		36 motion Motion Appointment of Counsel Fri 10/04 8:59 AM MOTION for Appointment of Counsel, by Plaintiff Markiece Palmer. (DRM) Related: [-]
Friday, September 13, 2024
35		35 2 pgs order Order on Motion to Amend/Correct Fri 09/13 9:11 AM ORDER denying ECF No.28 MOTION to Amend Complaint. Signed by Magistrate Judge Craig S. Denney on 9/13/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - GA) Related: [-]
Monday, August 26, 2024
		minord Minute Order Consent to Magistrate Judge Mon 08/26 5:25 PM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/26/2024. By Deputy Clerk: DBN.This case having been referred to a United States Magistrate in accordance with 28 U.S.C. Section 636(c), Local Rule IB 2-1. All further documents must bear the correct case number 3:23-cv-00479-CSD. (no image attached) ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DBN) Related: [-]
Thursday, July 25, 2024
33		33 respm Response Thu 07/25 12:20 PM RESPONSE to28 Motion to Amend/Correct by Defendants Tim Garrett, Dana Marks, Erin Parks, David Rivas. Replies due by 8/1/2024. (Garay, Mayra) Related: [-]
Thursday, July 18, 2024
32		32 notice Notice Change of Address Thu 07/18 1:07 PM NOTICE of Change of Address by Mayra Garay. Address updated to 1 State of Nevada Way, Suite 100, Las Vegas, Nevada 89119 . (Garay, Mayra) Related: [-]
Tuesday, July 16, 2024
30		30 order Scheduling Order Tue 07/16 2:35 PM SCHEDULING ORDER. Discovery due by 1/13/2025. Dispositive Motions due by 2/12/2025. Proposed Joint Pretrial Order due by 3/14/2025. Signed by Magistrate Judge Craig S. Denney on 7/16/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) Related: [-]
		Att: 1 AO85
		minutes Scheduling Conference Tue 07/16 2:15 PM MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 7/16/2024 before Magistrate Judge Craig S. Denney. Crtrm Administrator: AB ; Pla Counsel: Markiece Palmer, Pro ; Def Counsel: Mayra Garay ; Court Reporter: Liberty ; Time of Hearing: 1:30 p.m. ; Recording start and end times: 1:28:40 p.m. - 1:44:26 p.m. ; Courtroom: 2 . The Court addresses the parties regarding the purpose of today's hearing and notes review of the parties' Case Management Reports (ECF Nos. 25 & 27 ). The Court advises that this case is now in the discovery phase and that the parties will have 180 days to complete discovery (January 13, 2025). 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. Mr. Palmer explains his reasons for filing his Motion to Amend (ECF No. 28 ). Ms. Garay advises that the Defendants will file a response to the Motion. The Court notes that the parties consent to Magistrate Judge jurisdiction. The Court informs the parties that a consent form will need to be completed and returned to the Clerk's Office. A blank copy of the AO 85 Consent Form will be attached to the Scheduling Order. (no image attached) (Copies have been distributed pursuant to the NEF - AB) Related: [-]
		notice Notice AO 85 Consent to Mag Judge Tue 07/16 2:35 PM 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.) (no image attached) (DLS) Related: [-]
Thursday, July 11, 2024
28		28 motion Motion Amend/Correct Thu 07/11 8:42 AM MOTION to Amend Complaint by Plaintiff Markiece Palmer. Responses due by 7/25/2024.(DLS) (pleading) Related: [-]
		Att: 1 Proposed Amended Complaint
Tuesday, July 09, 2024
27		27 misc Case Management Report Tue 07/09 3:25 PM CASE MANAGEMENT REPORT by Defendants Tim Garrett, Dana Marks, Erin Parks, David Rivas. CONSENT to jurisdiction of Magistrate Judge is included in the report. (Garay, Mayra) Related: [-]
Friday, June 28, 2024
26		26 1 pgs order Order on Motion to Amend/Correct Fri 06/28 2:03 PM ORDER denying21 Motion to Amend. Signed by Magistrate Judge Craig S. Denney on 6/28/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Thursday, June 27, 2024
25		25 misc Case Management Report Thu 06/27 8:48 AM CASE MANAGEMENT REPORT by Plaintiff Markiece Palmer. CONSENT to jurisdiction of Magistrate Judge is included in the report. (DLS) Related: [-]
Tuesday, June 18, 2024
24		24 3 pgs order Order Tue 06/18 1:53 PM ORDER SETTING MANDATORY TELEPHONIC CASE MANAGEMENT CONFERENCE - A mandatory telephonic case management conference will be held on TUESDAY, JULY 16, 2024, at 1:30 p.m. To join the conference, each party is directed to call the toll-free telephone number 1-888-363-4735; Access Code: 9235833; Security Code: 0716, approximately five (5) minutes prior to the hearing. Each party shall file a case management report no later than TUESDAY, JULY 9, 2024 . Signed by Magistrate Judge Craig S. Denney on 6/18/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Thursday, June 13, 2024
23		23 answer Answer to Complaint Thu 06/13 1:29 PM ANSWER to7 Complaint with Jury Demand filed by Tim Garrett, Dana Marks, Erin Parks, David Rivas. Certificate of Interested Parties due by 6/23/2024. Discovery Plan/Scheduling Order due by 7/13/2024.(Garay, Mayra) Related: [-]
Monday, June 10, 2024
22		22 service Acceptance of Service Mon 06/10 11:24 AM ACCEPTANCE OF SERVICE by Dana Marks, David Rivas, Tim Garrett, Erin Parks on 6/10/2024 executed by Dana Marks, David Rivas, Tim Garrett, Erin Parks re20 Order,,. Dana Marks accepted service on 6/10/2024, answer due 8/9/2024. Updated Acceptance of Service (Garay, Mayra) Related: [-]
Friday, June 07, 2024
21		21 motion Motion Amend/Correct Fri 06/07 10:38 AM MOTION to Amend Complaint by Plaintiff Markiece Palmer. Responses due by 6/21/2024. (DLS) (pleading) Related: [-]
Thursday, May 30, 2024
20		20 2 pgs order Order Fri 05/31 9:53 AM ORDER - IT IS HEREBY ORDERED that the Office of the Attorney General shall within fourteen (14) days from the date of this order advise if the Office can accept service for Defendant Dana Marks. IT IS FURTHER ORDERED that Plaintiff shall have to and including August 15, 2024, to complete service of process pursuant to Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Craig S. Denney on 5/30/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Friday, May 24, 2024
19		19 motion Motion Extend/Shorten Time Fri 05/24 9:55 AM MOTION to Extend Time by Plaintiff Markiece Palmer. Responses due by 6/7/2024. (GA) (amend) Related: [-]
Wednesday, May 15, 2024
18		18 service Summons Returned Unexecuted Thu 05/16 9:12 AM SUMMONS Returned Unexecuted 'Unable to Locate' as to Dana Marks. (DRM) Related: [-]
Wednesday, May 08, 2024
17		17 service Summons Issued Wed 05/08 12:48 PM SUMMONS ISSUED as to Dana Marks. (Issued and emailed to USMS per16 Order; sealed address encrypted.) (DRM) Related: [-]
16		16 1 pgs order Order Wed 05/08 12:41 PM ORDER RE: SERVICE OF PROCESS : Clerk will issue summons for Defendant Dana Marks , and deliver the same, to the U.S. Marshal for service, together with ECF No. 14 address filed under seal; ECF No.7 Complaint, ECF No.6 Screening order, and this Order. (Emailed to USMS 5/8/2024; ECF No. 14 encrypted.) The Court will separately provide to the U.S. Marshal a completed USM-285 form for the Defendant. July 15, 2024 , is the deadline to complete service of process. Signed by Magistrate Judge Craig S. Denney on 5/8/2024. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
Tuesday, May 07, 2024
15		15 notice Notice Other Tue 05/07 4:05 PM NOTICE of Under Seal Submission of Last Known Address by Tim Garrett, Erin Parks, David Rivas re11 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,13 Acceptance of Service,. (Garay, Mayra) Related: [-]
13		13 service Acceptance of Service Tue 05/07 4:01 PM ACCEPTANCE OF SERVICE by David Rivas, Tim Garrett, Erin Parks on 5/7/2024 executed by David Rivas, Tim Garrett, Erin Parks re11 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,. David Rivas accepted service on 5/7/2024, answer due 7/6/2024; Tim Garrett accepted service on 5/7/2024, answer due 7/6/2024; Erin Parks accepted service on 5/7/2024, answer due 7/6/2024. (Garay, Mayra) Related: [-]
Wednesday, April 24, 2024
12		12 misc Status Report Wed 04/24 2:31 PM STATUS REPORT Report of the Office of the Attorney General Re Results of the 90-Day Stay by Interested Party Nevada Department of Corrections. (Garay, Mayra) Related: [-]
Tuesday, April 16, 2024
11		11 3 pgs order Order on Motion/Application to Proceed In Forma Pauperis Tue 04/16 12:24 PM ORDER - Plaintiff's application to proceed in forma pauperis (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. The Clerk will send a copy of this order to the attention of Chief of Inmate Services for the Nevada Department of Corrections at formapauperis@doc.nv.gov. (Emailed 4/16/2024). The Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiff's complaint (ECF No.7 ) on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. (E-service of Order; Regenerated NEF for7 ). Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). Proof of service due by 7/15/2024. Within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the defendants for whom it does not accept service, and (c) the names of the defendants for whom it is filing the last-known-address information under seal. Notice is due by 5/7/2024. If the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint (ECF No.7 ) within sixty (60) days from the date of this order. Answer/Response is due by 6/15/2024. This case is no longer stayed. Signed by Magistrate Judge Craig S. Denney on 4/16/2024. (Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Tuesday, March 26, 2024
		minutes Early Mediation Conference Tue 03/26 10:22 AM MINUTES OF PROCEEDINGS - Virtual Early Mediation Conference held on 3/26/2024 before Mediator James Kohl. Crtrm Administrator: Karen Walker ; Pla Counsel: Markiece Palmer, Pro Se ; Def Counsel: Mayra Garay (NDOC Reps: A.W. LeGrand and Andrew Nelson) ; Court Reporter: Liberty Court Recorder ; Time of Hearing: 8:30 a.m. ; Recording start and end times: 9:32:16 a.m. - 9:33:09 a.m. ; Courtroom: 2 . 1st mediation session. After private discussions and negotiations, a settlement was NOT reached. (no image attached) (Copies have been distributed pursuant to the NEF - KW) Related: [-]
Wednesday, February 21, 2024
9		9 10 pgs order Order Setting Inmate Early Mediation Conference Wed 02/21 3:36 PM ORDER Setting Inmate Early Mediation Conference for Tuesday, March 26, 2024, at 8:30 a.m. by video conference before Mediator James Kohl. The parties' mediation statements must be received by the court no later than 4:00 p.m., on Tuesday, March 12, 2024. 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 2/21/2024. (Copies have been distributed pursuant to the NEF - AB) Related: [-]
Thursday, February 15, 2024
8		8 notice Limited Notice Appearance of Counsel Thu 02/15 2:21 PM LIMITED NOTICE of Appearance by attorney Mayra Garay on behalf of Interested Party Nevada Department of Corrections. (Garay, Mayra) Related: [-]
Friday, January 26, 2024
7		7 cmp Complaint Fri 01/26 9:36 AM COMPLAINT by Markiece Palmer. (Filed per ECF No.6 screening order). (DLS) Related: [-]
Thursday, January 25, 2024
6		6 order Screening Order Fri 01/26 9:33 AM Screening Order - A decision on the IFP application (ECF No.1 ) is deferred . The Clerk of Court is directed to file the Complaint (ECF No.1 -1) and send Plaintiff a courtesy copy. (ATTACHED HERETO FOR DISTRIBUTION TO P VIA LCC LAW LIBRARY) . Claims will proceed, or are dismissed, as detailed herein. This action is stayed 90 days to allow parties to settle. 90-day report due by 4/25/2024 . 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 Plaintiff's Complaint (ECF No.1 -1) on the Office of the Attorney General of the State of Nevada by adding the Attorney General of the State of Nevada as an interested party on the docket. (E-service of Order & Complaint 1/26/2024). AG shall advise within 21 days of the date of the entry of this order (2/16/2024) re acceptance of service for the purpose of participation in the Early Mediation Program. Signed by Chief Judge Miranda M. Du on 1/25/2024.(Copies have been distributed pursuant to the NEF - DLS) Modified on 1/26/2024 for font(DLS) Related: [-]
		Att: 1 Complaint
Thursday, October 19, 2023
5		5 motion Motion Appointment of Counsel Thu 10/19 4:10 PM MOTION for Appointment of Counsel, by Plaintiff Markiece Palmer. (GA) Related: [-]
4		4 motion Motion/Application Leave to Proceed In Forma Pauperis Thu 10/19 4:08 PM MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Markiece Palmer.(GA) Related: [-]
		Att: 1 Complaint
Monday, October 16, 2023
3		3 2 pgs order Order on Motion/Application to Proceed In Forma Pauperis Mon 10/16 2:30 PM ORDERED the IFP application (ECF No.1 ) is denied without prejudice. Plaintiff has until December 12, 2023 , to either pay the full $402 filing fee or file a new fully complete IFP application as detailed herein. Clerk is directed to send Plaintiff the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No.1 -1) but not file it at this time (IFP and instructions attached hereto for distribution to P via LCC law library.) Signed by Magistrate Judge Craig S. Denney on 10/16/2023.(Copies have been distributed pursuant to the NEF - DRM) Related: [-]
		Att: 1 IFP form and Instructions
Friday, September 29, 2023
2		2 notice Advisory Letter Pro Se non-habeas Fri 09/29 10:05 AM ADVISORY LETTER to litigant. (GA) Related: [-]
1		1 motion Motion/Application Leave to Proceed In Forma Pauperis Fri 09/29 9:54 AM MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Markiece Palmer.(GA) Related: [-]
		Att: 1 Complaint,
		Att: 2 Exhibits,
		Att: 3 Motion for Appointment of Counsel
		utility Assign Judges in Civil Case Fri 09/29 10:02 AM Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (GA) Related: [-]

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