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Collins v. Collins

United States District Court, D. Nevada

October 11, 2017

RONALD COLLINS, Plaintiff,
v.
JOSHUA COLLINS, et al., Defendants.

          REPORT & RECOMMENDATION OF U.S. MAGISTRATE JUDGE

          WILLIAM G. COBB, UNITED STATES MAGISTRATE JUDGE.

         This Report and Recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4.

         Before the court is Plaintiff's Motion for Mandatory Injunction. (ECF No. 21.) Defendants filed a response (ECF No. 28), and Plaintiff filed a reply (ECF Nos. 29, 29-1, 30, 30-1).

         After a thorough review, it is recommended that Plaintiff's motion be denied.

         I. BACKGROUND

         Plaintiff is an inmate in the custody of the Nevada Department of Corrections (NDOC), proceeding pro se with this action pursuant to 42 U.S.C. § 1983. (Am. Compl., ECF No. 20.) The events giving rise to this action took place while Plaintiff was housed at Northern Nevada Correctional Center (NNCC), Lovelock Correctional Center (LCC), and Warm Springs Correctional Center (WSCC). (Id.) Defendants are Collins, Hightower, Dr. Gedney, Dr. Mar, Dr. Aranas, Rexwinkle, LeGrand, McDaniel, Baca, Deal, Walsh, Irvin, Foster and Skulstad.

         Plaintiff was allowed to proceed with the following claims:

(1) In Count I, an Eighth Amendment claim for deliberate indifference to serious medical needs against defendant Collins based on allegations that Collins withheld Plaintiff's lunches for a week at a time;
(2) In Count I, a retaliation claim against defendant Collins based on allegations that Collins injured Plaintiff's arm and filed false charges against him when he asked for a grievance, and then told him he hoped Plaintiff learned his complaints would get him nowhere;
(3) In Count I, an excessive force claim against defendant Collins based on allegations that after he asked for a grievance, Collins injured his arm;
(4) In Count II, an excessive force claim against defendant Hightower;
(5) In Count III, an Eighth Amendment deliberate indifference claim related to a growth on Plaintiff's hand against Dr. Gedney, Dr. Mar and Dr. Aranas;
(6) In Count III, an Eighth Amendment deliberate indifference claim related to treatment of his back which resulted in nerve damage and a “drop foot” against defendants Dr. Gedney, Dr. Mar and Dr. Aranas; and
(7) In Count IV, due process claims against Rexwinkle, LeGrand, McDaniel, Baca, Deal, Walsh, Irvin, ...

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