Jackson v. Nevada Department of Corrections

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Robert Jackson, 2:20-cv-01322-ART-MDC 4 Plaintiff(s), ORDER SETTING HYBRID-VIDEO 5 HEARING ON PLAINTIFF’S MOTION TO vs. COMPEL (ECF NO. 68) 6

7 Nevada Department of Corrections, et al., 8 Defendant(s). 9 10 IT IS ORDERED that the parties shall appear at 10:00 a.m. on March 7, 2025 for a hybrid-video 11 hearing on plaintiff’s Motion to Compel (ECF No. 68): 12 1. Defendants’ counsel must appear in-person at in Courtroom 3B. 13 2. Plaintiff Robert Jackson, who is incarcerated, must appear by video conferencing.1 14 3. The Attorney General’s Office must make the necessary arrangements for plaintiff to appear 15 by video conference and must email Court_MDC@nvd.uscourts.gov at least one week before 16 the conference and provide the email address for plaintiff. 17 NOTICE 18 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 19 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 20 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 21 may determine that an appeal has been waived due to the failure to file objections within the specified 22 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 23 24 1 Imprisonment suspends the plaintiff's usual right to be personally present at judicial proceedings in a 25 civil case. Hernandez v. Whiting, 881 F.2d 768, 770 (9th Cir. 1989), citing to Price v. Johnston, 334 U.S. 266, 285-86, 92 L. Ed. 1356, 68 S. Ct. 1049 (1948). 1 objections within the specified time and (2) failure to properly address and brief the objectionable issues 2 waives the right to appeal the District Court's order and/or appeal factual issues from the order of the 3 District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. 4 Dist., 708 F.2d 452, 454 (9th Cir. 1983). 5 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of 6 any change of address. The notification must include proof of service upon each opposing party’s 7 attorney, or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this 8 rule may result in dismissal of the action. 9 Dated this 20th day of December 2024. 10 11 12 _________________________

13 Hon. Maximiliano D. Couvillier III

United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25