HATLEN v. COX, 3:12-cv-00534-MMD-WGC. (2015)
Court: District Court, D. Nevada
Number: infdco20150921b88
Visitors: 10
Filed: Sep. 18, 2015
Latest Update: Sep. 18, 2015
Summary: ORDER MIRANDA M. DU , District Judge . The Court has set a hearing on Defendants' Motion for Summary Judgment (dkt. no. 411). (Dkt. no. 488.) Defendants argue that Plaintiff failed to exhaust his administrative remedies before initiating this action. In light of the number of counts in the operative complaint and the number of grievances at issue, the Court has prepared the attached chart to track the grievances. The Court has questions about the status of the grievances identified in the a
Summary: ORDER MIRANDA M. DU , District Judge . The Court has set a hearing on Defendants' Motion for Summary Judgment (dkt. no. 411). (Dkt. no. 488.) Defendants argue that Plaintiff failed to exhaust his administrative remedies before initiating this action. In light of the number of counts in the operative complaint and the number of grievances at issue, the Court has prepared the attached chart to track the grievances. The Court has questions about the status of the grievances identified in the at..
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ORDER
MIRANDA M. DU, District Judge.
The Court has set a hearing on Defendants' Motion for Summary Judgment (dkt. no. 411). (Dkt. no. 488.) Defendants argue that Plaintiff failed to exhaust his administrative remedies before initiating this action. In light of the number of counts in the operative complaint and the number of grievances at issue, the Court has prepared the attached chart to track the grievances. The Court has questions about the status of the grievances identified in the attached chart as of the date this action was initiated. The parties should be prepared to address these questions.
Count Number Constitutional Against which Applicable Grievance Resolution of Grievance
Allegation Defendants Number
1 8th Amendment conditions Rose, Cox, Walsh 2006-29-41840 Rejected at the informal level
of confinement 2006-29-41995 Rejected at the informal level
8th Amendment failure to Neubuar, John Doe 1 2006-29-41833 Rejected at the informal level
protect
2 8th Amendment medical Dr. Mar, Ortiz, Foster, 2006-29-45887 Rejected at the informal level
claims Walsh, Cox
Plaintiff claims that 2006-26-41865 Rejected at the informal level
grievance is associated with
Count 2
8th Amendment failure to Rickman, Kirkpatrick, 2006-29-42179 Rejected at the informal level
protect Tice, Afeaki, John Doe 2, 2006-29-43868 Rejected at the informal level
3 8th Amendment medical Cox, Inspector General, 2006-29-46457 Exhausted up to level 2 after suit was
claims Foster, Ortiz, Walsh, Dr. filed
claims
Mar 2006-29-44277 Rejected at the informal level
Plaintiff claims that 2006-29-44022 Rejected at the informal level
grievances are a associated 2006-29-44600 Rejected at the informal level
with Count 3 2006-29-44333 Rejected at the informal level
2006-29-44331 Rejected at the informal level
1st Amendment retaliation Walsh, Clark, Moody, 2006-29-53270 Rejected at the informal level
Kirkpatrick, Moyle
4 8th Amendment excessive Clark, Moody
force
8th Amendment medical Walsh, Clark, Moody,
claims Kirkpatrick, Moyle, Cox,
Inspector General,
Foster, Ortiz
5 1st Amendment retaliation Moyle, Hannah, Keith, 2006-29-45925 Rejected at the informal level
Mears, Iractabal 2006-26-45899 Rejected at the informal level
2006-29-48311 Rejected at the informal level
14th Amendment due Moyle, Hannah, Keith, 2006-29-45895 Answered at the informal level
process claims Mears, Iractabal,
Rexwinkle, Abeloe,
Henley, Cox, Inspector
General, Foster, Ortiz
6 8th Amendment medical Cardella, Moore, Rose, 2006-29-43669 Rejected at the informal level
claims and failure to Helen (Hubbard?),
protect Walsh, Palmer, Keith, 2006-29-43872 Rejected at the informal level
Ortiz, Cox, Foster
7 8th Amendment failure to Iractabal, Moyle, Keith, 2006-29-48311 Rejected at the informal level
protect Hannah, Hughes, Mears, 2006-29-45895 Rejected at the informal level
8 8th Amendment medical John Doe 6, John Doe 7, 2006-29-51859 Record only shows denial of level 1
claims John Doe 8, Jane Doe 9, (Plaintiff disputes)
Holmes, King (Dr. Koehn), 2006-29-54302 Exhausted up to level 2
Baker, Watson, Byrne 2006-29-54311 Exhausted up to level 2
9 8th Amendment medical Radford, Caldwell, King
claims (Dr. Koehn), Baker,
Watson, Byrne, Cox,
Foster, Inspector
General, Bannister
10 8th Amendment medical Parr, Sandoval, Cox,
claims Foster, Inspector
General, Baker, Watson,
Byrne
13 8th Amendment medical Brown 2006-29-54542 Exhausted up to level 2
claims
15 1st Amendment claim Brown 2006-29-48187 Record only shows denial of level 1
(about mail) 2006-29-47660 Rejected at the informal level
2006-29-47659 Rejected at the informal level
2006-29-47567 Exhausted up to level 2
2006-29-53198 Exhausted up to level 2
16 1st Amendment claim Byrne, Cox, Foster, 2006-29-46456 Rejected at the informal level
(about religious practice) Inspector General, Baker, 2006-29-46633 Exhausted up to level 2
Watson, Sandoval 2006-29-53370 Rejected at the informal level
2006-29-53280 Rejected at the informal level
18 8th Amendment conditions Byrne, Baker, Watson, 2006-29-45845 Exhausted up to level 2 after suit was
of confinement Sandoval, Cox, Foster, filed
Inspector General 2006-29-51393 Exhausted up to level 2
19 8th Amendment conditions Silverstein, Howard, 2006-29-52242 Rejected at the informal level
of confinement Nakashima, Lawrence, 2006-29-46466 Exhausted up to level 2
1st Amendment retaliation Parr, Mitchell, Russell
(Donnelly)
21 8th Amendment medical Parr, Mitchell, Russell
claims (Donnelly), King (Dr.
Koehn), Jackson, Bryant,
Kale, Jane Doe 13, Jane
Doe 14, Baker, Watson,
Byrne, Bannister, Cox,
Foster, Inspector General
22 8th Amendment medical Montoya, Thompson
claims
Source: Leagle
