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APPEAL
United States District Court
District of Nevada (Reno)
CIVIL DOCKET FOR CASE #: 3:11-cv-00047-LRH-WGC
J ones v. Holmes et al
Assigned to: J udge Larry R. Hicks
Referred to: Magistrate J udge William G. Cobb
Case in other court: 9th Circuit, 11-16556
Cause: 42:1983 Prisoner Civil Rights
Date Filed: 01/24/2011
J ury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
J urisdiction: Federal Question
Date Filed # Docket Text
01/24/2011 Case assigned to District J udge Larry R. Hicks and Magistrate J udge Robert A. McQuaid, J r.
(WJ ) (Entered: 01/24/2011)
01/24/2011 1 APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff J ason M. J ones. Motion
ripe 1/24/2011. (Attachments: #1 Civil Rights Complaint, #2 Motion for Appointment of
Counsel.)(KO) (Entered: 01/25/2011)
01/25/2011 2 NOTICE to Plaintiff from USDC advising case against defendant Holmes, et al. has been
received and assigned case number 3:11-cv-00047-LRH-RAM. (Inmate #*70541*) (KO)
(Entered: 01/25/2011)
04/06/2011 3 SCREENING ORDER GRANTING 1 Motion/Application for Leave to Proceed in forma
pauperis. FURTHER ORD NDOC shall pay Clerk from inmate account. Clerk shall send
NDOC Inmate Services this Order ( Mailed to NDOC 4/7/2011; E- service to Finance on
4/7/2011 ). FURTHER ORD that even if this action is dismissed the full filing fee shall be
due. FURTHER ORD Clerk shall DETACH and FILE the complaint #1 -1. FURTHER ORD
Ps complaint is DISMISSED with prejudice for failure to state a claim for which relief may be
grnted. FURTHER ORD Clerk shall enter judgment accordingly and close this case. Signed by
J udge Larry R. Hicks on 4/6/2011. (copy of complaint sent to P)(Copies have been
distributed pursuant to the NEF - DRM) (Entered: 04/07/2011)
04/06/2011 4 COMPLAINT, filed by J ason M. J ones. ( Filed by clerk and DISMISSED w prejudice per 3
Order. ) ( Copy mailed to P 4/7/2011. ) (DRM) (Entered: 04/07/2011)
04/07/2011 5 J UDGMENT - Plaintiff's complaint is DISMISSED with prejudice for failure to state a claim
for which relief may be granted. Signed by Clerk of Court, Lance S. Wilson on 4/7/2011.
(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/07/2011)
04/21/2011 6 MOTION for District J udge to Reconsider Order re 3 Screening Order,, by Plaintiff J ason M.
J ones. Responses due by 5/8/2011. ( Attachments: #1 Declaration of Anthony Fairchild
)(DRM) (Entered: 04/22/2011)
06/08/2011 7 ORDER DENYING P's 6 Motion for District J udge to Reconsider Screening Order. Signed by
J udge Larry R. Hicks on 6/6/2011. (Copies have been distributed pursuant to the NEF - DRM)
(Entered: 06/08/2011)
06/22/2011 8 NOTICE OF APPEAL as to 3 Order, by Plaintiff J ason M. J ones. E-mail notice (NEF) sent to
the US Court of Appeals, Ninth Circuit. ( Filing Fee NOT PAID ) ( Notice of Appeal NEF
and PACER docket sheet mailed to P ) (DRM) (Entered: 06/22/2011)
06/22/2011 9 CERTIFICATE OF RECORD on 8 Notice of Appeal.
The record on appeal, consisting of the reporter's transcripts and the United States District
Court clerk's record is ready for the purpose of the appeal.
This file exists in electronic format and is accessible via CM/ECF - PACER. The documents
comprising the United States District Court clerk's record have been numbered in conformance
with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are
reflected on the United States District Court's docket sheet and should be used for reference
purposes in the briefs.
Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as
civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon
the filing of this document.
E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached)
(DRM) (Entered: 06/22/2011)
06/23/2011 10 USCA TIME SCHEDULE ORDER and civil docketing letter dtd 6/23/2011 as to 8 Notice of
Appeal. USCA case 11-16556 . (DRM) (Entered: 06/23/2011)
06/24/2011 11 USCA REFERRAL NOTICE dtd 6/24/2011 re 8 Notice of Appeal : This matter is referred to
USDC for the limited purpose of determining whether IFP status should continue for this
appeal or whether the appeal is frivolous or taken in bad faith. If USDC elects to revoke IFP
status, the district court is requested to notify this court and the parties of such determination
within 21 days of the date of this referral.(DRM) (Entered: 06/24/2011)
06/30/2011 12 ORDER re 11 USCA Notice of Referral. IT IS ORDERED that any in forma pauperis appeal
from its Order dated 4/6/2011 would not be frivolous or taken in bad faith. 28:1915(a)(3).
Signed by J udge Larry R. Hicks on 6/30/2011. (Copy of Order sent to USCA via email
electronic service) (Copies have been distributed pursuant to the NEF - MLC) (Entered:
06/30/2011)
08/09/2011 13 ORDER of USCA, Ninth Circuit, as to 8 Notice of Appeal. USCA Case Number 11-16556.
Appellant has been granted leave to proceed in forma pauperis in this appeal and has
completed and filed the required authorization form directing the appropriate prison officials to
assess, collect, and forward to the district court the filing and docketing fees for this appeal.
This court hereby assesses an initial filing fee of 20 percent of the greater of (A) the average
monthly deposits to the prisoner's account; or (B) the average monthly balance in the prisoner's
account for the six-month period immediately preceding the filing of the 06/22/2011 notice of
appeal. Appellant is not responsible for payment when the funds in appellant's prison trust
account total less than $10, but payments must resume when additional deposits are made or
funds are otherwise available. The Clerk shall serve this order and appellant's completed
authorization form on the Attorney General for the State of Nevada, who shall notify the
appropriate agency or prison authority responsible for calculating, collecting, and forwarding
the initial payment assessed in this order and for assessing, collecting, and forwarding the
remaining monthly payments of the fee to the district court for this appeal. Each payment
should be accompanied by the district court and appellate docket numbers for this appeal and a
record of previous payments made for this appeal. The Clerk shall also serve a copy of this
order on the clerk and the financial unit of the district court. (Sent) Attorney General served via
US Mail.) (Attachments: #1 Authorization Form)(MLC) (Entered: 08/09/2011)
09/16/2011 14 ORDER of USCA, Ninth Circuit, dtd 9/16/2011 as to 8 Notice of Appeal : Order to show
cause is discharged and this appeal shall proceed. Briefing set. (DRM) Modified on 9/16/2011
to reflect USCA case 11-16556 . (DRM). (Entered: 09/16/2011)
02/15/2012 15 ORDER of USCA, Ninth Circuit, as to 8 Notice of Appeal (USCA Case No. 11-16556).
Appellant's motion for appointment of counsel is denied. No motion for reconsideration,
clarification, or modification of this denial shall be filed or entertained. Appellant may not
seek relief for new injuries in this appeal. Briefing is complete. (KO) (Entered: 02/15/2012)
07/12/2012 16 MEMORANDUM/OPINION of USCA, Ninth Circuit, dtd 7/12/2012 as to 8 Notice of Appeal.
VACATED and REMANDED. USCA case 11-16556 . (DRM) (Entered: 07/12/2012)
08/06/2012 17 MANDATE of USCA, Ninth Circuit, as to 16 USCA Memorandum/Opinion. (USCA No. 11-
16556). The judgment of this Court, entered J uly 12, 2012, takes effect this date. This
constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules
of Appellate Procedure. (MLC) (Entered: 08/06/2012)
09/26/2012 18 MINUTE ORDER IN CHAMBERS of the Honorable Chief J udge Robert C. J ones, on
9/26/2012. IT IS ORDERED that this case is reassigned to Magistrate J udge William G. Cobb
for all further pretrial proceedings within his jurisdiction. Magistrate J udge Robert A McQuaid,
J r no longer assigned to case. All further documents must bear the correct case number 3:11-
cv-00047-LRH-WGC. (no image attached) (Copies have been distributed pursuant to the
NEF - BLG) (Entered: 09/26/2012)
10/16/2012 19 SCREENING ORDER. IT IS HEREBY ORDERED that p's retaliation claim against deft Nash
Holmes MAY PROCEED. IT IS FURTHER ORDERED that p's Eighth Amendment claims
for deliberate indifference to a serious threat to his safety against defendants SDCC Warden
Williams, Associate Wardens Cheryl Burson & J effrey Howe, Doe classification committee
members, NDOC director Howard Skolnik, prison administrators J ames Cox, Steve Sure,
Paula Miller, and SDCC caseworkers Kay Weiss and Daniel, officer Riley, HDSPs D.W.
Nevan, Associate Wardens Morrow, Baca & Hinson, and Doe classification committee
members MAY PROCEED. IT IS FURTHER ORDERED that p's Eighth Amendment claims
for deliberate indifference to his serious medical needs against defendants Bloomfield, Tate,
Komusoff, nurse "Big J ohn," Fran Dressler, Cynthia Sybilla, drs. Sanchez, Aranas, and
Mumford, and officers Mataley, Panzzo, Moten and Wolf MAY PROCEED. IT IS FURTHER
ORDERED that all claims against defs McCrey, Nuneker, Hertz, Mustafa, and Bush are
DISMISSED. These defendants are dismissed from this action. IT IS FURTHER ORDERED
that the Clerk shall DETACH and FILE p's mtn for appointment of counsel 1 . IT IS
FURTHER ORDERED that p's mtn for counsel is DENIED without prejudice. IT IS
FURTHER ORDERED as follows:Given the nature of the claims that the court has permitted
to proceed, this action is STAYED for 90-days to allow plaintiff and defendant(s) an
opportunity to settle their dispute before an answer is filed or the discovery process begins.
The Clerk shall electronically SERVE a copy of this order and a copy of p's complaint on the
Office of the Attorney General of the State of Nevada, attention Pamela Sharp. The Attorney
Generals Office shall advise the Court within twenty-one (21) days of the date of the entry of
this order whether it will enter a limited notice of appearance on behalf of the defendants for
the purpose of settlement. Signed by J udge Larry R. Hicks on 10/9/2012. (90-day stay report
due 1/14/2013.)(Copies have been distributed pursuant to the NEF - HJ ) (Entered:
10/16/2012)
10/16/2012 20 MOTION for Appointment of Counsel by Plaintiff J ason M. J ones (FILED and DENIED
PER ORDER 19 ).(HJ ) (Entered: 10/16/2012)
10/17/2012 21 ORDER re Informal Settlement Discussion.
This case will not be referred for formal mediaiton. However, the Court finds that the parties
will benefit from informal discussions in an effort to settle case. For this reason, a courtesy
copy of this order and complaint shall be provided to defendants' counsel by Clerk of Court
(service completed 10/17/12). Signed by Magistrate J udge William G. Cobb on 10/17/12.
(Copies have been distributed pursuant to the NEF - J C) (Entered: 10/17/2012)
10/22/2012 22 Mail Returned as Undeliverable re 19 Screening Order. 'Return to Sender Released' addressed
to J ason M. J ones at Lovelock Correctional Center. (J K) (Entered: 10/22/2012)
10/26/2012 23 Mail Returned as Undeliverable re 21 Order. "Return to Sender" addressed to J ason J ones at
Lovelock Correctional Center. (HJ ) (Entered: 10/26/2012)
01/17/2013 24 STATUS REPORT OF THE OFFICE OF THE ATOTRNEY GENERAL RE RESULTS OF
THE 90 DAY STAY by Defendant Isidru Baca. (Hagen, Brian) (Entered: 01/17/2013)
01/18/2013 25 ORDER
Clerk shall serve copy of this order, screening order 19 and Complaint 4 on AG's Office, attn
Pamela Sharp (served 1/18/13). AG's Office to advise the court re service within 21 days (see
order for instructions re service). Answer due within 60 days for any defendants represented.
Plaintiff shall serve defendants copy of all pleadings. Signed by Magistrate J udge William G.
Cobb on 1/18/13. (Copies have been distributed pursuant to the NEF - J C) (Entered:
01/18/2013)
01/29/2013 26 Mail Returned as Undeliverable paroled re 25 Order addressed to J ason M. J ones. (J C)
(Entered: 01/30/2013)
03/19/2013 27 NOTICE of Appearance by attorney Brian W. Hagen on behalf of Defendants Romeo Aranas,
Isidru Baca, Cheryl Burson, J ames G. Cox, Daniel, J effrey Howe, Kayweiss, Paula Miller,
Moten, Murrow, D.W. Nevan, Francisco Sanchez, Howard Skolnick, Tate, Brian Williams,
Wolf. (Hagen, Brian) (Entered: 03/19/2013)
03/19/2013 29 NOTICE of Under Seal Submission of Last Known Address by Romeo Aranas, Isidru Baca,
Cheryl Burson, J ames G. Cox, Daniel, J effrey Howe, Kayweiss, Paula Miller, Moten, Murrow,
D.W. Nevan, Francisco Sanchez, Howard Skolnick, Tate, Brian Williams, Wolf. (Hagen,
Brian) (Entered: 03/19/2013)
03/19/2013 30 ANSWER to 4 Complaint filed by Romeo Aranas, Isidru Baca, Cheryl Burson, J ames G. Cox,
Daniel, J effrey Howe, Kayweiss, Paula Miller, Moten, Murrow, D.W. Nevan, Francisco
Sanchez, Howard Skolnick, Tate, Brian Williams, Wolf. Certificate of Interested Parties due
by 3/29/2013. Discovery Plan/Scheduling Order due by 4/18/2013.(Hagen, Brian) (Entered:
03/19/2013)
03/20/2013 31 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 J urisdiction by a U.S. Magistrate
J udge" form on the Court's website - www.nvd.uscourts.gov. 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) (KR) (Entered: 03/20/2013)
03/20/2013 32 SCHEDULING ORDER. Discovery due by 6/18/2013. Motions due by 7/18/2013. Proposed
J oint Pretrial Order due by 7/23/2013. Signed by Magistrate J udge William G. Cobb on
03/20/2013. (Copies have been distributed pursuant to the NEF - KR) (Entered: 03/20/2013)
03/27/2013 33 J OINDER to 30 Answer to Complaint, ; Defendant David Mumford's Joinder in Answer to
Complain filed by Defendant David (Dr.) Mumford. (Hagen, Brian) (Entered: 03/27/2013)
04/03/2013 34 MOTION for Appointment of Counsel, by Plaintiff J ason M. J ones. Motion ripe 4/3/2013.
(KR) (Entered: 04/03/2013)
04/04/2013 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate J udge William G. Cobb, on
4/4/2013. The clerk shall send to Plaintiff a copy of the docket herein and Doc. ##19 , 21 and
25 . ( Specified documents mailed to P at HDSP on 4/4/2013. ) (Copies have been distributed
pursuant to the NEF - DRM) (Entered: 04/04/2013)
04/08/2013 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate J udge William G. Cobb, on
4/8/2013, DENYING Plaintiff's 34 Motion to Appoint Counsel. (Copies have been distributed
pursuant to the NEF - KR) (Entered: 04/08/2013)
04/30/2013 37 MOTION TO STOP RETALIATORY ACTION AGAINST ME BY NDOC, Reconsideration for
appointment of counsel, by Plaintiff J ason M. J ones. Responses due by 5/17/2013. (KR)
(Entered: 04/30/2013)
05/09/2013 38 RESPONSE to 37 MOTION, filed by Defendants Romeo Aranas, Isidru Baca, Cheryl Burson,
J ames G. Cox, Daniel, J effrey Howe, Kayweiss, Paula Miller, Moten, David (Dr.) Mumford,
D.W. Nevan, Francisco Sanchez, Howard Skolnick, Tate, Brian Williams, Wolf. Response to
Plaintiff's Motion to Stop Retaliation and Reconsideration of Appointment of Counsel Replies
due by 5/19/2013. (Hagen, Brian) (Entered: 05/09/2013)
06/26/2013 39 ORDER DENYING Plaintiff's 37 Motion. Signed by Magistrate J udge William G. Cobb on
06/26/2013. (Copies have been distributed pursuant to the NEF - KR) (Entered: 06/26/2013)
06/28/2013 40 First MOTION to Extend Time regarding dispositive matter (First Request) by Defendants
Romeo Aranas, Isidru Baca, Cheryl Burson, J ames G. Cox, Daniel, J effrey Howe, Paula
Miller, Moten, David (Dr.) Mumford, Murrow, D.W. Nevan, Francisco Sanchez, Howard
Skolnick, Tate, Brian Williams, Wolf. Motion ripe 6/28/2013. (Hagen, Brian) (Entered:
06/28/2013)
07/01/2013 41 ORDER GRANTING 40 Motion to Extend Time : Dispositive Motions due by 9/16/2013.
Signed by Magistrate J udge William G. Cobb on 7/1/2013. (Copies have been distributed
pursuant to the NEF - DRM) (Entered: 07/01/2013)
07/08/2013 42 Mail Returned as Undeliverable re 39 Order on Motion, addressed to J ason M. J ones. "Not at
HDSP." (KR) (Entered: 07/08/2013)
07/09/2013 43 Mail Returned as Undeliverable re 41 Order on Motion, addressed to J ason M. J ones. "Not at
HDSP." (KR) (Entered: 07/09/2013)
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09/16/2013 05:19:57
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3:11-cv-00047-LRH-
WGC
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