Bingamon v. Pinkham et al

Nevada District Court
Judge:	Miranda M Du
Referred:	Carla Baldwin
Case #:	3:23-cv-00480
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Sep 29, 2023
Terminated:	Feb 27, 2024

Docket
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Docket last updated: 2 hours ago

Wednesday, February 28, 2024
23		23 order Judgment Wed 02/28 9:36 AM JUDGMENT - Defendant's Motion to Dismiss (ECF No.10 ) is granted. This case is closed. Signed by Clerk of Court Debra K. Kempi on 2/28/2024. (Copies have been distributed pursuant to the NEF - DRM) (Main Document 23 replaced on 2/28/2024) (DRM) Related: [-]
Tuesday, February 27, 2024
22		22 2 pgs order Order on Motion to Dismiss Order on Report and Recommendation Order Dismissing Case Wed 02/28 9:24 AM ORDERED that the Report and Recommendation (ECF No.19 ) is accepted and adopted in full. It is further ordered that Defendants' motion to dismiss (ECF No.10 ) is granted . It is further ordered that this case is dismissed , in its entirety, without prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 2/27/2024. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
Wednesday, February 21, 2024
21		21 misc Mail Returned Wed 02/21 11:57 AM Mail Returned as Undeliverable re ECF Nos.19 , 20 addressed to Russell Bingamon. (DLS) Related: [-]
Monday, February 05, 2024
19		19 motion Report and Recommendation Mon 02/05 9:19 AM REPORT AND RECOMMENDATION that Defendants' motion to dismiss, (ECF No.10 ), be GRANTED and this action be DISMISSED without prejudice based on Plaintiff's failure to update his address in compliance with the Court's order (ECF No.15 ); and that the Clerk of Court ENTER JUDGMENT accordingly. Objections to R&R due by 2/19/2024. Signed by Magistrate Judge Carla Baldwin on 2/5/2024. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
		minord Minute Order ~Util - Terminate Deadlines/Hearings Mon 02/05 9:29 AM MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 2/5/2024. In light of the Report and Recommendation, (ECF No.19 ), to dismiss this action based on Plaintiff's failure to update his address, the Mandatory Case Management Conference currently set for Thursday, February 8, 2024 at 10:00 AM is hereby VACATED . IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - HL) Related: [-]
Monday, January 29, 2024
18		18 misc Mail Returned Mon 01/29 1:25 PM Mail Returned as Undeliverable re ECF No. 13 Minute Order, addressed to Russell Bingamon. (GA) Related: [-]
Friday, January 26, 2024
17		17 misc Mail Returned Fri 01/26 1:09 PM Mail Returned as Undeliverable re15 , addressed to Russell Bingamon. (GA) Related: [-]
Thursday, January 18, 2024
16		16 misc Mail Returned Thu 01/18 4:28 PM Mail Returned as Undeliverable re ECF No.12 , addressed to Russell Bingamon. (GA) Related: [-]
Tuesday, January 09, 2024
15		15 1 pgs order Order ~Util - Set/Clear Flags Tue 01/09 9:43 AM ORDER-Plaintiff shall have until Friday, February 2, 2024 to file a notice of change of address, or this Court will recommend that this action be dismissed. The case is hereby STAYED in its entirety until Plaintiff files a notice of change of address. Signed by Magistrate Judge Carla Baldwin on 1/9/2024. (Copies have been distributed pursuant to the NEF - GA) Related: [-]
Monday, January 08, 2024
14		14 misc Mail Returned Mon 01/08 1:52 PM Mail Returned as Undeliverable re ECF No.9 Order, addressed to Russell Bingamon. (GA) Related: [-]
Friday, January 05, 2024
		minord Minute Order ~Util - Set/Reset Deadlines & Hearings (non motion deadlines) Fri 01/05 9:59 AM MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 1/5/2024. By Deputy Clerk: LGM. The Mandatory Case Management Conference currently set for 1/8/2024 at 9:00 AM is VACATED and RESCHEDULED to 2/8/2024 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) Related: [-]
Friday, December 29, 2023
12		12 order Minute Order Klingele Fri 12/29 7:33 AM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 12/29/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No.10 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 - DLS) Related: [-]
Thursday, December 28, 2023
11		11 misc Case Management Report Thu 12/28 1:19 PM CASE MANAGEMENT REPORT by Defendants Dustin Kappes, Dean Pinkham. (Ryman, Brent) Related: [-]
10		10 motion Motion Dismiss Thu 12/28 12:43 PM MOTION to Dismiss by Defendants Dustin Kappes, Dean Pinkham. Responses due by 1/11/2024.(Ryman, Brent) Related: [-]
		Att: 1 Exhibit 1
Tuesday, December 12, 2023
9		9 5 pgs order Order ~Util - Set/Reset Deadlines & Hearings (non motion deadlines) Tue 12/12 1:44 PM ORDER SETTING MANDATORY CASE MANAGEMENT CONFERENCE AND EXCHANGE OF INITIAL DISCLOSURES: A Case Management Conference is set for 1/8/2024 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Lead defense counsel shall appear in person for this conference and shall make the necessary arrangements for the Plaintiff's telephonic appearance and shall provide the Courtroom Deputy, Lisa Mann at lisa_mann@nvd.uscourts.gov with the telephone number at which the Plaintiff can be reached for this mandatory case management conference. At least one-week in advance of the case management conference, each party shall file a case management conference statement. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin on 12/12/2023. (Copies have been distributed pursuant to the NEF - LGM) Related: [-]
Monday, December 04, 2023
8		8 misc Certificate Interested Parties Mon 12/04 2:32 PM CERTIFICATE of Interested Parties by Dustin Kappes, Dean Pinkham. There are no known interested parties other than those participating in the case. (Ryman, Brent) Related: [-]
7		7 answer Answer to Complaint Mon 12/04 2:30 PM ANSWER to4 Complaint with Jury Demand filed by Dustin Kappes, Dean Pinkham. Certificate of Interested Parties due by 12/14/2023. Discovery Plan/Scheduling Order due by 1/18/2024.(Ryman, Brent) Related: [-]
Tuesday, October 24, 2023
6		6 notice Notice Other Tue 10/24 1:58 PM NOTICE re ECF No.4 Complaint by Russell Bingamon. (DLS) Related: [-]
Thursday, October 05, 2023
5		5 service Summons Issued Thu 10/05 9:49 AM SUMMONS ISSUED as to Dustin Kappes, Dean Pinkham. (Issued pursuant to ECF No.3 Order; emailed to USMS 10/5/2023.) (DRM) (Main Document 5 replaced on 10/5/2023) (DRM). (Attachment 1 replaced on 10/5/2023) (DRM) Related: [-]
		Att: 1 Dustin Kappes
Wednesday, October 04, 2023
4		4 cmp Complaint Thu 10/05 9:35 AM COMPLAINT by Russell Bingamon. (Filed pursuant to ECF No.3 Order; emailed to USMS 10/5/2023.) (DRM) Related: [-]
3		3 5 pgs order Order on Motion/Application to Proceed In Forma Pauperis Screening Order Thu 10/05 9:11 AM SCREENING ORDER - Bingamon's IFP application, (ECF No. 1), is GRANTED. IT IS FURTHER ORDERED the Clerk shall FILE the complaint (ECF No.1 -1). IT IS FURTHER ORDERED that Bingamon will PROCEED against Defendants Dean Pinkham and Dustin Kappes on a single excessive force claim pursuant to the Fourth Amendment. IT IS FURTHER ORDERED that the Clerk shall ISSUE summons for the above named defendants and deliver the same to the U.S. Marshal together with a copy of the complaint, (ECF No.1 -1) and this order for service on the defendants. The Clerk shall SEND to Bingamon two USM-285 forms. (Mailed 10/5/2023.) Bingamon shall have until November 6, 2023, to complete the USM-285 service forms and return them to the U.S. Marshal, 400 S. Virginia Street, 2nd Floor, Reno, Nevada 89501. IT IS FURTHER ORDERED that henceforth, Bingamon shall serve upon Defendants or, if appearance has been entered by counsel, upon the attorney(s) a copy of every pleading, motion, or other document submitted for consideration by the Court, together with a certificate of service. Signed by Magistrate Judge Carla Baldwin on 10/4/2023. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
Friday, September 29, 2023
2		2 notice Advisory Letter Pro Se non-habeas Fri 09/29 2:22 PM ADVISORY LETTER to litigant. (GA) Related: [-]
1		1 motion Motion/Application Leave to Proceed In Forma Pauperis Fri 09/29 2:20 PM MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Russell Bingamon.(GA) Related: [-]
		Att: 1 Complaint

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