United States District Court, D. Nevada
REPORT & RECOMMENDATION OF U.S. MAGISTRATE
WILLIAM G. COBB, UNITED STATES MAGISTRATE JUDGE.
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.
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).
thorough review, it is recommended that Plaintiff's
motion be denied.
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.
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
(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, ...