Case: Elmajzoub v. Davis

3:19-cv-00196 | U.S. District Court for the District of Nevada

Filed Date: March 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 27, 2020, an incarcerated individual in the custody of the Nevada Department of Corrections (NDOC) filed suit against the Lovelock Correctional Center (LCC) and various LCC officials in their individual and official capacities. The plaintiff, a practicing Muslim, brought the suit pro se in the U.S. District Court for the District of Nevada under 42 U.S.C. § 1983 and 42 U.S.C. § 2000cca, alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First …

On March 27, 2020, an incarcerated individual in the custody of the Nevada Department of Corrections (NDOC) filed suit against the Lovelock Correctional Center (LCC) and various LCC officials in their individual and official capacities. The plaintiff, a practicing Muslim, brought the suit pro se in the U.S. District Court for the District of Nevada under 42 U.S.C. § 1983 and 42 U.S.C. § 2000cca, alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First Amendment's Free Exercise and Establishment Clauses, and the Fourteenth Amendment's Equal Protection Clause. The plaintiff sought injunctive relief and monetary damages. The case was assigned to Judge Miranda M. Du and Magistrate Judge William G. Cobb. 

In his pro se compaint, the plaintiff alleged that LCC had refused to provide Muslim prisoners with space to have Friday/Jumu'ah service as mandated by Islamic religious doctrine and the Quran, and had therefore unconstitutionally  burdened his religious beliefs and right to practice.

Muslims are mandated by the Quran to participate in Jumu'ah at a prescribed time. According to the complaint, LCC had previously held Jumu'ah but the new chaplain had only offered chapel times not in accordance with the prescribed time for Jumu'ah. The plaintiff alleged that he had only been offered space to practice at 8:00 am on Fridays and had been denied space to practice at the specified time for Jumu'ah service, which is in the afternoon. All requests by the plaintiff to find a different space for Jumu'ah were denied. 

The plaintiff sought administrative relief through the prison and filed a grievance. In response to the grievance, prison administration explained that, although Administrative Regulation 810 recognizes Jumu'ah as an obligatory practice, there was no specific time requirement. At the next level of the grievance process, the plaintiff was told that his grievance was answered appropriately. At the final level of the grievance process, the plaintiff received the same response. The plaintiff alleged that his ability to practice his religious beliefs was seriously burdened by the defendants when they refused to provide a place for Jumu'ah at the required time. 

The plaintiff alleged that he had been treated differently from other individuals that had requested accommodations when their religious practices had conflicted with the chapel's schedule and claimed that he was denied the same accommodations given to other similarly situated individuals.

In August 2020, the plaintiff obtained counsel.

On April 19, 2021, the plaintiff filed an amended complaint that added several defendants, including NDOC's Director, Deputy Director, and former Deputy Director, and the former Warden and former Associate Warden of LCC. The amended complaint also added a claim alleging that the defendants had violated the First Amendment's establishment clause by favoring and endorsing other religions over Islam and therefore perpetuating a message of disfavor towards Islam. The plaintiff also alleged a violation of a Nevada state law that protects the free exercise and enjoyment of religious profession and worship without discrimination.

In January 2022, the case was reassigned to Magistrate Judge Craig S. Denney after Magistrate Judge Cobb's retirement. On January 28, 2022, both parties moved for summary judgment.

On May 13, 2022, Magistrate Judge Denney issued a report and recommendation recommending that summary judgment be granted in favor of the plaintiff with respect to his RLUIPA claim. The report found that the defendants had substantially burdened the plaintiff's religious exercise by preventing him from congregating for Jumu'ah on Friday afternoons, absent a compelling interest justifying the burden.

The report further recommended that both parties' motions be denied as to the constitutional claims. As to the First Amendment Free Exercise claim and the Fourteenth Amendment Equal Protection claim, neither party had addressed the reasonableness factors established in Turner v. Safley, 482 U.S. 78 (1987), that courts are instructed to consider. As to the Establishment Clause claim, there remained a question of fact as to whether the defendants' alleged actions amounted to a vioation of the clause. The report also recommended that both motions be denied as to the state constitution claim, since neither party addressed the state law claim in their motion for summary judgment. Finally, the report recommended that the defendants were not entitled to qualified immunity because each of the rights asserted by the plaintiff were clearly established and a reasonable factfinder could determine that the defendants had violated those rights. 2022 WL 1537346. 

On June 14, 2022, Judge Du adopted the magistrate's report and recommendation in full. The court also ordered additional briefing to determine whether the plaintiff had already received the requested injunctive relief in the form of Friday afternoon Jumu'ah services pursuant to a settlement agreement LCC had entered into in another case, link to other case. 2022 WL 2132278.

In later communications to the court, the defendants stated that Jumu'ah services had not been rescheduled and that, due to understaffing, they were unable to accommodate congregational Jumu'ah prayer at LCC on Friday afternoons, nor provide an alternative option. After negotiations between the parties stalled, the plaintiff filed proposed injunctive relief on August 23, 2022, suggesting that the court enter a permanent injunction ordering LCC to schedule a weekly Jumu'ah service on Fridays at 12:30-1:45 pm and allow all Muslim individuals, as well as those interested in Islam, to attend, subject to capacity restrictions and circumstances particular to individual incarcerees.

On October 4, 2022, Magistrate Judge Denney issued a report and recommended that the court enter a permanent injunction ordering the defendants to schedule a weekly Jumu'ah service at the appropriate time and allow all Muslim individuals to attend in congregation unless an emergency or circumstances particular to an individual made attendance impossible (i.e., placement in disciplinary segregation, lockdown). 

On November 9, 2022, following a hearing on the scope of injunctive relief, Judge Du adopted the magistrate's report and recommendation in its entirety and entered the proposed permanent injunction, limiting attendance at congregational service to 100 individuals. On the same day, the court referred the case back to Magistrate Judge Denney to conduct a settlement conference.

Following a December 2nd show cause hearing at which LCC provided evidence of significant staffing shortages, the court modified its prior permanent injunction. The revised order still required the defendants to schedule weekly Jumu'ah services at the appropriate time for all Muslim individuals—excepting those legitimately precluded from attending by individual circumstances—and also required the facility to provide them with the necessary religious materials and supplies to prepare for and properly execute Jumu'ah each week. While LCC was to hold Jumu'ah services for Level 1 Muslim incarcerees in the chapel, Judge Du modified the injunction to permit services for Level 2 and Level 3 incarcerees to be held in the chapel or at another location in the facility. 

As of December 30, this case was ongoing, with the plaintiff's motion for attorney fees and costs pending before the district court. 

Summary Authors

Rhea Sharma (11/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17018371/parties/elmajzoub-v-davis/


Judge(s)

Du, Miranda Mai (Nevada)

Attorney for Plaintiff

Abbas, Gadeir I (Nevada)

Center, Lovelock Correctional (Nevada)

Attorney for Defendant

Avillo, Stephen J. (Nevada)

Ford-AG, Aaron D. (Nevada)

show all people

Documents in the Clearinghouse

Document
4

3:19-cv-00196

Civil Rights Complaint Pursuant to 42 U.S.C. &1983

March 27, 2020

March 27, 2020

Complaint
41

3:19-cv-00196

Amended Complaint for Declaratory Relief and for Damages and Jury Demand

Elmajzoub v. Daniels

April 19, 2021

April 19, 2021

Complaint
72

3:19-cv-00196

Report & Recommendation of United States Magistrate Judge

May 13, 2022

May 13, 2022

Magistrate Report/Recommendation
73

3:19-cv-00196

Order

June 14, 2022

June 14, 2022

Order/Opinion
79

3:19-cv-00196

Proposed Injunctive Relief

Aug. 23, 2022

Aug. 23, 2022

Pleading / Motion / Brief
83

3:19-cv-00196

Report & Recommendation of United States Magistrate Judge

Oct. 4, 2022

Oct. 4, 2022

Magistrate Report/Recommendation
91

3:19-cv-00196

Permanent Injunction Order

Nov. 9, 2022

Nov. 9, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17018371/elmajzoub-v-davis/

Last updated March 9, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Said Elmajzoub. (Attachments: # 1 Complaint)(DRM) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
2

ADVISORY LETTER to litigant. (DRM) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER

Case randomly assigned to District Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ)

April 12, 2019

April 12, 2019

PACER
3

SCREENING ORDER - A decision on the IFP application (ECF No. 1 ) is deferred.Clerk will file Plaintiff's Complaint (ECF No. 1 -1) and send Plaintiff a courtesy copy (Attached hereto for distribution to Plaintiff by LCC).Counts will proceed or are dismissed as specified herein.This action is stayed for 90 days to allow parties an opportunity to settle. Within 90 days from the date this order is entered, the Attorney General shall file the report form attached to this order regarding the results of the 90-day stay.If the case does not settle, Plaintiff will be required to pay the full $350.00 filing fee.Any "motion to exclude case from mediation" due within 21 days from the date of this order.Clerk shall electronically serve a copy of this order and a copy of Plaintiff's Complaint (ECF No. 1 -1) on AG (Electronic Service on 3/27/2020).AG shall advise the Court within 21 days of the date of the entry of this order whether it will enter a limited notice of appearance.Signed by Chief Judge Miranda M. Du on 3/27/2020. (Attachments: # 1 Complaint)(Copies have been distributed pursuant to the NEF - AB) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
4

COMPLAINT against All Defendants by Said Elmajzoub (Filed per ECF No. 3 Screening Order). (AB) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

Clearinghouse
5

NOTICE of Appearance by attorney Stephen J. Avillo on behalf of Defendant T. Carpenter. Limited Notice of Appearance (Avillo, Stephen) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
6

ORDER setting Inmate Early Mediation Conference for 8/18/2020 at 11:30 AM in Reno Courtroom 2 before Mediator Brian Brown. The Attorney General's Office will make the necessary arrangements for plaintiff to appear by video and will provide Karen Walker at 775-686-5918 with the video conference reservation number and telephone number at which the plaintiff can be reached. The mediation statements must be received by chambers at 400 S. Virginia Street, Suite 405, Reno, NV 89501 no later than 8/11/2020 at 4:00 PM. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge William G. Cobb on 5/19/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
7

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 5/19/2020. By Deputy Clerk: Karen Walker.In light of the inmate early mediation conference having been scheduled after the current deadline for the 90-day stay and the 90-day stay report (ECF No. 3 ), the stay and the deadline for the report shall be extended to Friday, August 21, 2020. Until the Court lifts the stay, no other pleadings or papers may be filed in this case, and the parties may not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the Court to do so. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
8

NOTICE of Appearance by attorney Allen Lichtenstein on behalf of Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
9

First STIPULATION FOR EXTENSION OF TIME (First Request) TO CONTINUE (First Request) by Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
10

ORDER granting ECF No. 9 Stipulation : The Settlement Conference is moved from August 18, 2020 to Tuesday, November 17, 2020, and the due date of the Settlement Statement is moved from August 11, 2020 to Tuesday, November 10, 2020. Signed by Magistrate Judge William G. Cobb on 8/6/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
11

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 8/7/2020. By Deputy Clerk: Karen Walker. Pursuant to the Order to Continue (ECF No. 10), the Inmate Early Mediation Conference is set for Tuesday, November 17, 2020 at 11:30 A.M. in Reno Courtroom 2 by Zoom video conference before Mediator Brian Brown. The Attorney General's Office will make the necessary arrangements for plaintiff to appear by video and will provide Karen Walker at 775-686-5918 with the video conference reservation number and telephone number at which the plaintiff can be reached. The mediation statements must be received by chambers at 400 S. Virginia Street, Suite 405, Reno, NV 89501 no later than November 10, 2020 at 4:00 PM. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. In light of the inmate early mediation conference having been scheduled after the current deadline for the 90-day stay and the 90-day stay report (ECF No. 7 ), the stay and the deadline for the report shall be extended to Friday, November 20, 2020. Until the Court lifts the stay, no other pleadings or papers may be filed in this case, and the parties may not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the Court to do so. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
12

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gadeir I. Abbas and DESIGNATION of Local Counsel Allen Lichtenstein (Filing fee $ 250 receipt number 0978-6226371) by Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
13

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lena F. Marsi and DESIGNATION of Local Counsel Allen Liuchtenstein (Filing fee $ 250 receipt number 0978-6226403) by Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
14

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Justin Sadowsky and DESIGNATION of Local Counsel Allen Lichtenstein (Filing fee $ 250 receipt number 0978-6226462) by Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
15

NOTICE: Attorney Action Required to 12 Motion for Permission to Practice Pro Hac Vice - Verified Petition. Petitioner Gadeir I. Abbas did not attach a advised to obtain a certificate of good standing and attach to the original Pro Hac Vice petition. Petitioner is directed to re-file the Verified Petition using the Notice of Corrected Image/Document event under the Notices category and link to 12 Motion for Permission to Practice Pro Hac Vice - Verified Petition. (no image attached) (PAV) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
16

NOTICE: Attorney Action Required to 13 Motion for Permission to Practice Pro Hac Vice - Verified Petition. The docketing associated with ECF No. 13 indicates that it is a petition filed for Lena F. Marsi. The image is the duplicate of ECF No. 12, the Motion for Permission to Practice Pro Hac Vice - Verified Petition filed for Gadeir I. Abbas. Attorney Lena F. Marsi advised to file the correct image of the petition by using the Notice of Corrected Image/Document event under the Notices category and link to 13 Motion for Permission to Practice Pro Hac Vice - Verified Petition. Attorney Lena F. Marsi is reminded that the local rules require that a certificate of good standing be attached to the petition. (no image attached) (PAV) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
17

NOTICE: Attorney Action Required to 14 Motion for Permission to Practice Pro Hac Vice - Verified Petition. A certificate of good standing is not attached to the petition as required. Attorney Justin Sadowsky advised to obtain a certificate of good standing and attach it to the original petition, and re-file the petition using the Notice of Corrected Image/Document event under the Notices category and link to 14 Motion for Permission to Practice Pro Hac Vice - Verified Petition. (no image attached) (PAV) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
18

NOTICE of Corrected Image/Document re 12 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Said Elmajzoub. (Service of corrected image is attached.) (Attachments: # 1 Exhibit Certyificate of Good Standing) (Lichtenstein, Allen) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
19

ORDER approving ECF No. 12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gadeir I. Abbas for Said Elmajzoub and approving Designation of Local Counsel for Allen Lichtenstein. Signed by Chief Judge Miranda M. Du on 10/29/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - AB) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
20

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 11/12/2020. By Deputy Clerk: Peggie Vannozzi. The Clerk's office notified Petitioners Lena Marsi and Justin Sadowsky of deficiencies in their Pro Hac Vice petitions (ECF Nos. 13 and 14, notices ECF Nos. 16, 17 .) Petitioners have not complied by filing notices of amended images that link the amended images to the original petitions. Petitioners Lena Marsi and Justin Sadowsky have until 11/24/2020 to comply with the filing of amended images of the petitions (ECF Nos. 13 and 14 ) and link the amended images to the original petitions. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
21

NOTICE of Corrected Image/Document re 13 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Said Elmajzoub. (Service of corrected image is attached.) (Lichtenstein, Allen) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
22

MINUTES OF PROCEEDINGS - Video Early Mediation Conference held on 11/17/2020 before Magistrate Judge William G. Cobb before Mediator Brian Brown. Crtrm Administrator: Karen Walker; Pla Counsel: Allen Lichtenstein, Esq., Gadeir Abbas, Esq. and Lena Masri, Esq.; Def Counsel: Stephen Avillo; Court Reporter: Liberty Court Recorder; Time of Hearing: 11:30 a.m.; Recording start and end times: 2:22:16 P.M. - 2:25:13 P.M. Courtroom: 2. 1st mediation session. A settlement was NOT reached. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
23

ORDER APPROVING ECF No. 13 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Lena F. Masri for Said Elmajzoub and approving Designation of Local Counsel Allen Lichtenstein. Signed by Chief Judge Miranda M. Du on 11/17/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
24

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is GRANTED. NDOC shall pay Clerk $350 filing fee from inmate account. Clerk shall SEND a copy of this order to Finance and to NDOC Inmate Services (Email (NEF) to Finance; copy mailed to NDOC on 11/24/2020). Clerk shall electronically serve this Order and the Complaint (ECF No. 4 ) upon AG (Electronic service on 11/24/2020; Complaint via NEF Regeneration). Service must be perfected within ninety (90) days from the date of this order. Subject to the findings of the Screening Order (ECF No. 3 ), within twenty-one (21) days of the date of entry of this order, AG shall file a notice regarding acceptance of service and file under seal the addresses for Defendants for which service is not accepted. Plaintiff shall file a motion regarding any unserved Defendants. If service is accepted, then the answer or other response to the Complaint (ECF No. 4 ) is due within sixty (60) days from the date of this order. Plaintiff shall serve Defendants a copy of every pleading submitted for consideration, together with a certificate of service. This case is no longer stayed. Signed by Magistrate Judge William G. Cobb on 11/24/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

RECAP
25

STATUS REPORT Report of the Office of the Attorney General Re: Results of the 90 Day Stay by Defendant T. Carpenter. (Avillo, Stephen) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
26

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Justin Sadowsky and DESIGNATION of Local Counsel Allen Lichtenstein (Filing fee $ 250 receipt number 0978-6294473) by Plaintiff Said Elmajzoub. (Attachments: # 1 Exhibit, # 2 Exhibit) (Lichtenstein, Allen) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
27

ACCEPTANCE OF SERVICE by R. Baker, M. LaFluer, Scott Davis, K. Thomas, T. Carpenter on 12/15/2020 executed by R. Baker, M. LaFluer, Scott Davis, K. Thomas, T. Carpenter re 3 Screening Order,,,, 24 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,. Notice of Acceptance of Service (Avillo, Stephen) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
28

ORDER approving ECF No. 26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Justin Sadowsky for Said Elmajzoub and approving Designation of Local Counsel Allen Lichtenstein. Signed by Chief Judge Miranda M. Du on 12/15/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been electronically distributed pursuant to the NEF and mailed to Attorney Sadowsky on 12/16/2020 - AB) (Entered: 12/16/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
29

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Lena F. Masri is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (LE) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
30

ANSWER to 4 Complaint with Jury Demand Defendants' Answer to Plaintiff's First Amended Complaint (ECF No. 4) Jury Trial Demanded filed by R. Baker, T. Carpenter, Scott Davis, M. LaFluer, K. Thomas. Discovery Plan/Scheduling Order due by 2/24/2021.(Avillo, Stephen) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
31

SCHEDULING ORDER FOR CIVIL RIGHTS ACTIONS FILED BY INCARCERATED PRO SE PLAINTIFFS - Discovery due by 4/26/2021. Motions due by 5/26/2021. Proposed Joint Pretrial Order due thirty (30) days past the date for filing motions for summary judgment (6/25/2021). Signed by Magistrate Judge William G. Cobb on 1/26/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
32

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 Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 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.) (DRM) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
33

MOTION Motion to Pay Filing Fee by Plaintiff Said Elmajzoub. Responses due by 2/15/2021. (Lichtenstein, Allen) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
34

ORDERED that Plaintiff's Motion to Pay Filing Fee (ECF No. 33 ) is GRANTED. Plaintiff's counsel shall mail a check in the amount of $350.00 to the Clerk of Court, 400 S. Virginia Street, Room 300, Reno, Nevada 89501. Signed by Magistrate Judge William G. Cobb on 2/2/2021.(Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
35

RECEIPT of Payment: $350.00, receipt number NVRNO-005190 (no image attached) (SC) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
36

MOTION for Leave to File Amended Complaint re 4 Complaint by Plaintiff Said Elmajzoub. (Attachments: # 1 Proposed Order, # 2 Amended Complaint) (Masri, Lena) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
37

Joint MOTION to Amend/Correct 31 Scheduling Order, by Plaintiff Said Elmajzoub. Responses due by 4/19/2021. (Masri, Lena) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
38

SCHEDULING ORDER granting ECF No. 37 Motion to Amend Scheduling Order : Discovery due by 6/25/2021. Motions due by 7/26/2021. Proposed Joint Pretrial Order due thirty (30) days past the date for filing motions for summary judgment (8/25/2021). Signed by Magistrate Judge William G. Cobb on 4/6/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
39

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 Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 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.) (DRM) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
40

ORDER - Plaintiff's Motion for Leave to Amend (ECF No. 36 ) is granted, and Plaintiff may proceed with the claims and Defendants in the First Amended Complaint (ECF No. 36 -2). Clerk shall file the First Amended Complaint (ECF No. 36 -2). Within 14 days of the date of this Order, the Attorney General's Office shall file a notice indicating whether it will accept service of the First Amended Complaint for new defendants Charles Daniels, Harold Wickham, and Tim Garett. Plaintiff is reminded that under Federal Rule of Civil Procedure 4(m), service of the First Amended Complaint must be completed within 90 days of the date of this Order. Within 21 days of the date of this Order, any Defendant who has been served and/or appeared in this action shall file a responsive pleading to the First Amended Complaint. Signed by Magistrate Judge William G. Cobb on 4/19/2021. (Copies have been distributed pursuant to the NEF - AB) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

RECAP
41

FIRST AMENDED COMPLAINT with Jury Demand against All Defendants by Said Elmajzoub. Adds new parties. (Filed per ECF No. 40 Order). (AB) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

Clearinghouse
42

ACCEPTANCE OF SERVICE by Charles Daniels, Tim Garett, Harold Wickham on 5/3/2021 executed by Charles Daniels, Tim Garett, Harold Wickham re 40 Order on Motion for Leave to File Document,,,,,,,. Notice of Acceptance of Service (Avillo, Stephen) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
43

ANSWER to 41 Amended Complaint with Jury Demand Defendants' Answer to Plaintiff's First Amended Complaint (ECF No. 41) Jury Trial Demanded filed by Renee Baker, Tara Carpenter, Charles Daniels, Scott Davis, Tim Garett, Marc LaFleur, Kim Tobias Thomas, Harold Wickham.(Avillo, Stephen) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
44

STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Stipulation and Order to Extend Discovery and Case Scheduling Deadlines re 38 Order on Motion to Amend/Correct,, Scheduling Order, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Avillo, Stephen) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
45

SCHEDULING ORDER granting ECF No. 44 Stipulation. Discovery due by 8/24/2021. Motions due by 9/24/2021. Proposed Joint Pretrial Order due by 10/24/2021. Signed by Magistrate Judge William G. Cobb on 6/21/2021. (Copies have been distributed pursuant to the NEF - SC) Modified on 6/22/2021 to amend typo (SC). (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
46

STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Stipulation and Order to Extend Discovery and Case Scheduling Deadlines (Second Request) by Defendants Renee Baker, Tara Carpenter, Scott Davis, Tim Garett, Kim Tobias Thomas. (Avillo, Stephen) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
47

AMENDED SCHEDULING ORDER granting 46 Stipulation to Extend Discovery and Case Scheduling Deadlines. Discovery due by 10/23/2021. Motions due by 11/23/2021. Proposed Joint Pretrial Order due by 12/23/2021. Signed by Magistrate Judge William G. Cobb on 8/24/2021. (Copies have been distributed pursuant to the NEF - HJ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
48

STRICKEN pursuant to ECF No. 50 Minutes of Proceedings : EMERGENCY MOTION to Communicate with Attorney during Deposition by Plaintiff Said Elmajzoub. Responses due by 10/4/2021. (SC) Modified on 9/20/2021 to denote "stricken" (KW). (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
49

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 9/20/2021. By Deputy Clerk: Karen Walker.An telephonic Motion Hearing is set for today, Monday, September 20, 2021, at 2:00 P.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb.Counsel are directed to dial 1-888-557-8511, enter the access code 3599743, and enter the security code 92021, approximately five (5) minutes prior to the hearing. The use of speaker phones and cell phones are prohibited by counsel.The court will address Plaintiff's Emergency Motion to Communicate with Attorney during Deposition ECF No. 48 and any related briefing. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
50

MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 9/20/2021 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Gadir Abbas; Def Counsel: No Appearance; Court Reporter: Liberty Court Recorder; Time of Hearing: 2:00 p.m.; Recording start and end times: 2:06:01 p.m. - 2:17:54 p.m.; Courtroom: 2.Before the Court is the "Emergency Motion" Plaintiff Said Elmajzoub despite being represented by numerous attorneys filed himself (ECF No. 48). The Emergency Moton is DENIED and is further STRICKEN from the record. (see Minutes for specifics) (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
51

NOTICE of Change of Deputy Attorney General on behalf of Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. Deputy Attorney General Stephen J. Avillo terminated. Notice of Change of Deputy Attorney General (Dorame, John) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
52

STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery Stipulation and Order to Extend Discovery and Case Scheduling Deadlines re 47 Order on Stipulation,, Scheduling Order, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
53

ORDER Granting ECF No. 52 Stipulation; IT IS ORDERED that the discovery, dispositive motion, and joint pretrial order deadlines be extended as follows: Motions due by 1/7/2022. Proposed Joint Pretrial Order due by 2/7/2022. Signed by Magistrate Judge William G. Cobb on 11/23/2021. (Copies have been distributed pursuant to the NEF - SMR) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

RECAP
54

STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery by Plaintiff Said Elmajzoub. (Lichtenstein, Allen) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
55

SCHEDULING ORDER granting ECF No. 54 Stipulation : Dispositive Motions due by 1/21/2022. Proposed Joint Pretrial Order due by 2/22/2022. Signed by Magistrate Judge William G. Cobb on 1/3/2022. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/4/2022 to correct deadlines to represent the two week extension per stipulation (KW). (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
56

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 Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 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.) (DRM) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
57

Fifth STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery Stipulation and Order to Extend Discovery and Case Scheduling Deadlines re 55 Order on Stipulation,, Scheduling Order, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
58

AMENDED SCHEDULING ORDER re 57 Stipulation. Motions due by 1/28/2022. Proposed Joint Pretrial Order due by 2/28/2022. Signed by Magistrate Judge William G. Cobb on 1/19/2022. (Copies have been distributed pursuant to the NEF - HJ) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
59

CLERK'S NOTICE due to Magistrate Judge William G. Cobb's retirement, this case is reassigned to Magistrate Judge Craig S. Denney for all further proceedings. All further documents must bear the correct case number 3:19-cv-00196-MMD-WGC. (no image attached) (LG) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
60

MOTION for Summary Judgment Defendants' Motion for Summary Judgment re 58 Order on Stipulation, Scheduling Order by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. Responses due by 2/18/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Dorame, John) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
61

MOTION for Summary Judgment by Plaintiff Said Elmajzoub. Responses due by 2/18/2022. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Exhibit A - Elmajzoub Aff, # 3 Exhibit Exhibit B - Baker Dep, # 4 Exhibit Exhibit C - Carpenter Dep, # 5 Exhibit Exhibit D - Davis Dep, # 6 Exhibit Exhibit E - Garrett Job Title, # 7 Exhibit Exhibit F - Thomas Job Title, # 8 Exhibit Exhibit G - Wickham Job Title, # 9 Exhibit Exhibit H - Daniels Job Title, # 10 Exhibit Exhibit I - Informal Grievance, # 11 Exhibit Exhibit J - Faith Group Overview, # 12 Exhibit Exhibit K - NDOC 30b6 Dep, # 13 Exhibit Exhibit L - Shaw Settlement, # 14 Exhibit Exhibit M - First Level Grievance, # 15 Exhibit Exhibit N - Second Level Grievance, # 16 Exhibit Exhibit O - Garrett Dep, # 17 Exhibit Exhibit P - Inmate Req. Form, # 18 Exhibit Exhibit Q - AR810) (Masri, Lena) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
62

STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) for MSJ Response Deadline re 60 Motion for Summary Judgment, 61 Motion for Summary Judgment,,, by Plaintiff Said Elmajzoub. (Masri, Lena) (Entered: 02/13/2022)

Feb. 13, 2022

Feb. 13, 2022

PACER
63

ORDER granting 62 Stipulation to Extend Motion for Summary Judgment Response Deadlines. Responses to the Motions for Summary Judgment shall be due March 11, 2022. Signed by Magistrate Judge Craig S. Denney on 2/14/2022. (Copies have been distributed pursuant to the NEF - HJ) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
64

STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) re Discovery Stipulation and Order to Extend Motion for Summary Judgment Response Deadline re 63 Order on Stipulation, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER
65

ORDER granting 64 Stipulation To Extend Motion for Summary Judgment Response Deadline. Responses due March 18, 2022. Signed by Magistrate Judge Craig S. Denney on 3/8/2022.(Copies have been distributed pursuant to the NEF - HJ) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER
66

RESPONSE to 61 Motion for Summary Judgment,,, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. Replies due by 4/1/2022. (Dorame, John) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
67

RESPONSE to 60 Motion for Summary Judgment, by Plaintiff Said Elmajzoub. Replies due by 4/1/2022. (Attachments: # 1 Exhibit NDOC Dep., # 2 Exhibit Elmajzoub Declaration) (Masri, Lena) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
68

STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) by Plaintiff Said Elmajzoub. (Masri, Lena) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
69

ORDER granting 68 Stipulation to Extend Motion for Summary Judgment Reply Briefs Deadlines. Replies due April 15, 2022. There shall be no further extensions granted barring unforeseen and extenuating circumstances. Signed by Magistrate Judge Craig S. Denney on 3/29/2022.(Copies have been distributed pursuant to the NEF - HJ) (Entered: 03/30/2022)

March 29, 2022

March 29, 2022

PACER
70

REPLY to Response to 60 Motion for Summary Judgment, by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
71

REPLY to Response to 61 Motion for Summary Judgment,,, by Plaintiff Said Elmajzoub. (Masri, Lena) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
72

REPORT AND RECOMMENDATION that the District Judge enter an order: GRANTING Plaintiff's motion for summary judgment (ECF No. 61 ) and DENYING Defendants' motion for summary judgment (ECF No. 60 ) as to Plaintiff's RLUIPA claim; DENYING both Plaintiffs' (ECF No. 61 ) and Defendants'(ECF No. 60 ) motions with respect to Plaintiff's claims under the First Amendment's Free Exercise and Establishment Clauses, the Equal Protection Clause, and Plaintiff's claim under Article 1, Section 4 of the Nevada Constitution. DENYING Defendants' motion (ECF No. 60 ) insofar as the argue they are entitled to qualified immunity. Finally, if this Report and Recommendation is adopted with respect to the RLUIPA claim, the court should require further briefing on whether Plaintiff has received the injunctive relief he seeks with respect to the RLUIPA claim or whether that request is moot. Objections to R&R due by 5/27/2022. Signed by Magistrate Judge Craig S. Denney on 5/13/2022. (Copies have been distributed pursuant to the NEF - HKL) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

Clearinghouse
73

ORDERED that Judge Denney's Report and Recommendation (ECF No. 72 ) is accepted and adopted in full. It is further ordered that Plaintiff's motion for summary judgment (ECF No. 61 ) is granted in part as to his RLUIPA claim. It is further ordered that Plaintiff's motion (ECF No. 61 ) is denied in part as to his claims under the First Amendment Free Exercise and Establishment Clauses, the Equal Protection Clause, and Article 1, Section 4 of the Nevada Constitution. It is further ordered that Defendants' motion for summary judgment (ECF No. 60 ) is denied. It is further ordered that additional briefing is necessary to determine whether Plaintiff has received the requested injunctive relief for his RLUIPA claim. Defendants are directed to file a status report within 14 days from the date of this order (6/28/2022) regarding whether Jumu'ah services have been reinstated at LCC during early Friday afternoons. Plaintiff may file a response within 14 days of the date the report is filed. Signed by Chief Judge Miranda M. Du on 6/14/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

Clearinghouse
74

STATUS REPORT Status Report Pursuant to ECF No. 73 by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
75

REPLY to 74 Status Report by Plaintiff Said Elmajzoub. (Masri, Lena) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
76

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/14/2022. The Court adopted U.S. Magistrate Judge Craig S. Denney's recommendation (ECF No. 72 ) to order additional briefing on whether Plaintiff has received the requested injunctive relief for his RLUIPA claim. (ECF No. 73 .) In light of Defendants' status report (ECF No. 74 ) and Plaintiff's response (ECF No. 75 ), the Court refers the issue of injunctive relief to Judge Denney to resolve. (no image attached) (Copies have been distributed pursuant to the NEF - XC) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
77

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 7/18/2022. By Deputy Clerk: Karen Walker.A video Status Conference is set for Tuesday, August 9, 2022, at 10:00 A.M. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. Should Plaintiff's counsel wish for Plaintiff to attend, counsel shall arrange for the plaintiff to be present by telephone and shall contact the courtroom administrator, Karen Walker, at (775) 686-5918 or Karen_Walker@nvd.uscourts.gov, prior to the hearing to advise her of the number where plaintiff may be reached.The hearing will be conducted by Zoom Video Conference. The parties are directed to contact the courtroom administrator, Karen Walker, at (775) 686-5918 or Karen_Walker@nvd.uscourts.gov, by Friday, August 5, 2022, to provide the e-mail address of all counsel who will be attending the hearing. The following Zoom Video Conference Instructions shall be adhered to as follows:Instructions and zoom invite to the scheduled hearing will be sent via e-mail at least ONE (1) day prior to the hearing to the participants email provided to the Court.1. Log on to the Zoom five (5) minutes prior to the hearing time. 2. Mute your sound prior to entering the hearing.3. Do not talk over one another. 4. State your name prior to speaking for the record. 5. Do not have others in the video screen or moving in the background. 6. No recording of the hearing. 7. No forwarding of any video conference invitations. 8. Unauthorized users on the video conference will be removed. Members of the public may access and listen to the hearing by calling 1-888-557-8511, at least 5 minutes before the scheduled hearing time. The access code is 3599743 and the pass code is 8922. Telephonic participants must mute their telephone after identifying themselves to the courtroom administrator. Telephonic participants must not place their telephone on hold during the hearing.Reminder: Please take notice that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, and members of the public, who participate in or listen to this proceeding may NOT record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court will be subject to civil and/or criminal contempt penalties by this Court. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
78

MINUTES OF PROCEEDINGS - Video Status Conference held on 8/9/2022 before Magistrate Judge Craig S. Denney. Crtrm Administrator: AB; Pla Counsel: Justin Sadowsky; Def Counsel: John Dorame; Court Reporter: Liberty Court Recorder; Time of Hearing: 10:00 a.m.; Recording start and end times: 9:58:12 a.m. - 10:14:54 a.m.; Courtroom: 2; Appearing Telephonically: Said Elmajzoub.The Court holds today's hearing to discuss the status of this case related to Defendants' Status Report (ECF No. 74 ) and Plaintiff's Reply (ECF No. 75 ). The Court directs counsel to meet and confer in an attempt to reach a stipulation on the injunctive relief in this case. The parties shall file a stipulation with the proposed injunctive relief by Tuesday, August 23, 2022. If the parties do not reach a stipulation on this matter, the parties will adhere to the following briefing schedule:- Plaintiff will file a brief with their proposed injunctive relief by Tuesday, August 23, 2022.- Defendants will have until Tuesday, September 6, 2022, to file their response.- Plaintiff will have until Tuesday, September 13, 2022, to file their reply.IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - AB) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
79

Proposed Injunctive Relief Submission of PROPOSED ORDER by Plaintiff Said Elmajzoub.. (Attachments: # 1 Exhibit A)(Masri, Lena) Modified event on 8/23/2022 (LE). (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

Clearinghouse
80

NOTICE of Docket Correction to 79 Proposed Injunctive Relief. Modified event from proposed order to proposed injunctive relief. (no image attached) (LE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
81

RESPONSE to 78 Status Conference,,,,, 79 Proposed Order Submission by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas. (Dorame, John) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
82

REPLY to 79 Proposed Order Submission by Plaintiff Said Elmajzoub. (Attachments: # 1 Exhibit)(Masri, Lena) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
83

REPORT AND RECOMMENDATION (re ECF No. 79 ) that the District Judge enter an order a permanent injunction as follows: Defendants shall schedule weekly Jumu'ah services at LCC on Fridays from 12:30 p.m. to 1:45 p.m., and all Muslim inmates at LCC are permitted to attend in congregation unless circumstances particular to an individual inmate or makes attendance impossible (i.e., the inmate is in disciplinary segregation, the inmate is precluded from moving due to medical reasons, or the entire housing unit, cell block, or facility is placed on lockdown). Objections to R&R due by 10/18/2022. Signed by Magistrate Judge Craig S. Denney on 10/4/2022. (Copies have been distributed pursuant to the NEF - HKL) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

Clearinghouse
84

OBJECTION to 83 Report and Recommendation by Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc LaFleur, Kim Tobias Thomas.. Response to Objections to R&R due by 11/1/2022. (Attachments: # 1 Exhibit A)(Dorame, John) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
85

RESPONSE to 84 Objection to Report and Recommendation by Plaintiff Said Elmajzoub. (Attachments: # 1 Declaration Elmajzoub Declaration)(Masri, Lena) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
86

ORDER - The Court defers ruling on Judge Denney's R&R (ECF No. 83 ) and will set a hearing in a separate minute order. Because the Court already granted in part Elmajzoub's motion for summary judgment for his RLUIPA claim (ECF No. 73 ), the scope of the hearing is limited to the scope of the injunctive relief. Signed by Chief Judge Miranda M. Du on 11/2/2022. (Copies have been distributed pursuant to the NEF - HKL) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

RECAP
87

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 11/3/2022. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that a virtual hearing is set for November 8, 2022 at 9:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. The Court will hear oral argument on Magistrate Judge Craig S. Denneys Report and Recommendation (ECF No. [ 83 ). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.The hearing will be conducted using Zoom video conference. The courtroom administrator will provide counsel listed on the docket with the Zoom link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact Courtroom Administrator Peggie Vannozzi at peggie_vannozzi@nvd.uscourts.gov. For clarity of the record and best participation, the Court strongly recommends that all participants use a headset with a microphone during the hearing.Counsel is reminded that this is a formal court proceeding and that proper attire and behavior is expected. Members of the public may access and listen to the hearing by calling 888-251-2909, at least 5 minutes before the scheduled hearing time. The access code is 3803398 and the pass code is 110822. Telephonic participants must mute their telephone after identifying themselves to the courtroom administrator. Telephonic participants must not place their telephone on hold during the hearing. IT IS ORDERED that the following Video Conference Instructions be adhered to as follows: INSTRUCTIONS FOR VIDEO CONFERENCE HEARINGInvitations to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. * Ensure that the Zoom video conferencing application is updated prior to the time of the hearing. *Log on to the call ten (10) minutes prior to the hearing time.*Mute your sound prior to entering the hearing.*Do not talk over one another.*State your name prior to speaking for the record.*Do not have others in the video screen or moving in the background.*No recording of the hearing.*No forwarding of any video conference invitations. *Unauthorized users on the video conference will be removed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
88

ORDER. Lovelock Corrections Center is ordered to transport Inmate Said Elmajzoub, #1034685, to the video conference room to attend a video hearing set for 11/8/2022 at 9:00 AM before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 11/3/2022. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

RECAP
89

MINUTES OF PROCEEDINGS - Hearing re: ECF No. 83 ) held by Zoom Video Conference on 11/8/2022 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Justin Sadowsky, Gadeir Abbas, Allen Lichtenstein; Def Counsel: John Dorame; Court Reporter: Amber McClane; Time of Hearing: 9:10 AM - 9:22 AM; Courtroom: 5; Plaintiff is present by video conference. The Court outlines the scope of this hearing. Mr. Sadowsky and Mr. Dorame address the Court. Plaintiff answers questions posed by the Court. The Court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
90

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 11/9/2022. By Deputy Clerk: Peggie Vannozzi.Pursuant to LR 16-5, the Court finds that it is appropriate to refer this case to Magistrate Judge Craig S. Denney to conduct a settlement conference. If the parties do not settle, the Joint Pretrial Order is due within 30 days of the date the settlement conference is held. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
91

PERMANENT INJUNCTION ORDER - It is therefore ordered that Judge Denney's Report and Recommendation (ECF No. 83 ) is adopted in its entirety. It is further ordered that Defendants' objection (ECF No. 84 ) to Judge Denney's Report and Recommendation (ECF No. 83 ) is overruled.It is further ordered that Defendants must schedule weekly Jumu'ah services at LCC on Fridays from 12:30 p.m. to 1:45 p.m., and all LCC Muslim inmates are allowed to attend in congregation unless there is an emergency or the circumstances of an individual inmate preclude them from attending (i.e., prison lockdowns, medical issues, or the inmate is in disciplinary segregation).It is further ordered that the number of inmates who may attend weekly Friday afternoon Jumu'ah is limited to 100 individuals. Signed by Chief Judge Miranda M. Du on 11/9/2022.(Copies have been distributed pursuant to the NEF - CJS) (Entered: 11/10/2022)

Nov. 9, 2022

Nov. 9, 2022

Clearinghouse
94

MINUTES OF PROCEEDINGS - Motion Hearing held by video conference on 11/15/2022 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Gadeir Abbas and Allen Lichtenstein; Def Counsel: D. Randall Gilmer and Douglas Rands; Court Reporter: Kathy French; Time of Hearing: 9:13 AM - 9:25 AM; Courtroom: 5; Mr. Rands, Mr. Abbas and Mr. Gilmer address the Court with regard to Plaintiff's Emergency Motion to Enforce (ECF No. 92 ) the Court's permanent injunction order (ECF No. re 91 .) The Court makes findings for the record and grants Plaintiff's motion as indicated on the record. The Court will entertain a motion from Plaintiff for reasonable fees and costs associated with bringing this motion and appearing for the hearing. The normal briefing schedule will apply to Plaintiff's motion. The Court expects Defendants to comply with its order to make the chapel available each Friday for the afternoon Jumu'ah, including upcoming Fridays that are state or national holidays. Mr. Gilmer further addresses the Court. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER

Order on Motion to Enforce

Nov. 15, 2022

Nov. 15, 2022

PACER
95

ORDER Scheduling Video Settlement Conference (Zoom Video Conference) : Settlement Conference set for Monday 12/19/2022 at 9:00 AM in Reno Courtroom 2 by videoconference before Magistrate Judge Craig S. Denney. Settlement Conference Statements due in chambers, Ste. 405, by Monday, 12/12/2022 by 4:00 PM. Signed by Magistrate Judge Craig S. Denney on 11/18/2022. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER
96

First MOTION to Extend Time (First Request) for Motions for Attorney Fees and Costs re 91 Order on Report and Recommendation,,, 95 Order Setting Settlement Conference, by Plaintiff Said Elmajzoub. Responses due by 12/5/2022. (Masri, Lena) (dispositive) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
99

Order Show Cause AND Order on Motion to Enforce

Nov. 23, 2022

Nov. 23, 2022

PACER

Order on Motion to Extend/Shorten Time

Nov. 23, 2022

Nov. 23, 2022

PACER
104

ORDER. Lovelock Corrections Center is ordered to transport Inmate Said Elmajzoub, #1034685, to the video conference room to attend a video hearing set for 12/2/2022 at 2:00 PM before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 11/30/2022. (Copies have been distributed pursuant to the NEF - PAV)

Nov. 30, 2022

Nov. 30, 2022

RECAP

Order on Motion to Seal AND Order on Motion to Seal

Dec. 5, 2022

Dec. 5, 2022

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Speech and Religious Freedom

Key Dates

Filing Date: March 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An incarcerated individual in the custody of the Nevada Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lovelock Corrections Center (Pershing), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run