Johnson v. Young et al, No. 3:2014cv00178 - Document 119 (D. Nev. 2016)

Court Description: ORDER granting ECF No. 104 Motion to Produce Inmate Lausteveion Johnson for Trial (see order for details). Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)
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Johnson v. Young et al Doc. 119 Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 1 of 3 1 2 3 4 5 6 7 8 ADAM PAUL LAXALT Attorney General BENJAMIN R. JOHNSON Deputy Attorney General Nevada Bar No. 10632 Bureau of Litigation Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: 775-684-1254 Email: BJohnson@ag.nv.gov Attorneys for Defendants Renee Baker, James “Greg” Cox, William Moore, April Witter, and Nissel Young 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 LAUSTEVEION JOHNSON, Case No. 3:14-cv-00178-RCJ-VPC Plaintiff, 12 13 v. 14 N. YOUNG, et al. MOTION TO PRODUCE INMATE LAUSTEVEION JOHNSON FOR TRIAL Defendants. 15 16 Defendants, Renee Baker, James “Greg” Cox, William Moore, April Witter, and Nissel Young, by 17 and through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, and Benjamin R. 18 Johnson, Deputy Attorney General, hereby file this Motion to Produce Inmate Lausteveion Johnson for 19 Trial. This motion is supported by the following memorandum of Points and Authorities and all papers 20 and pleadings on file in this action. 21 22 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION 23 The above-captioned case is scheduled for trial at the Bruce R. Thompson United States 24 Courthouse in Reno, Nevada, to begin on October 24, 2016. Mr. Johnson is currently incarcerated at 25 Southern Desert Correctional Center (SDCC) in the custody of the Nevada Department of Corrections 26 (NDOC). The NDOC intends to temporarily transfer Plaintiff Lausteveion Johnson (#82138) (Mr. 27 Johnson) to a correctional facility that is geographically closer to the courthouse for trial. The NDOC 28 requires an order from this Court to make this transfer and produce Mr. Johnson for trial. Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 1 Dockets.Justia.com Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 2 of 3 1 II. ARGUMENT 2 Inmate transportation is governed by the Nevada Revised Statutes and NDOC Administrative 3 Regulations. See NRS 209.274 (“when an offender is required or requested to appear before a court in 4 this state, the Department shall transport the offender to and from court on the day[s] scheduled for his 5 or her appearance”). In order for the NDOC’s transportation authority to be fully compliant with applicable law and 6 7 regulations, Defendants respectfully request an Order from this Court directing the NDOC to: 8 1. Temporarily transfer Mr. Johnson to a northern correctional institution that is suitable for his 9 custody level, has available housing units, and is geographically closer to Reno, Nevada than SDCC for the purpose of trial in the above-referenced case; 10 11 2. Produce Mr. Johnson at the Bruce R. Thompson United States Courthouse, 400 South 12 Virginia Street, Reno, Nevada 89501 on the dates and times of trial in the above-referenced 13 case; and 14 3. Make any other necessary arrangements to ensure that Mr. Johnson remains physically 15 present at the Bruce R. Thompson United States Courthouse, 400 South Virginia Street, 16 Reno, Nevada 89501 on the dates and times of trial in the above-referenced case. 17 Defendants have attached a proposed order to this motion as Exhibit A. The NDOC will ensure 18 that Mr. Johnson is transferred in compliance with the Court’s Order. Defendants also request that Mr. 19 Johnson be transferred with his legal property in order to ensure the speedy adjudication of his claims. 20 III. 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 CONCLUSION Defendants request the Court execute and issue the attached proposed Order, thereby securing Mr. Johnson’s physical presence at trial. DATED this 22nd day of September, 2016. ADAM PAUL LAXALT Attorney General By: BENJAMIN R. JOHNSON Deputy Attorney General Bureau of Litigation Attorneys for Defendants 2 Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 3 of 3 CERTIFICATE OF SERVICE 1 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that 3 on this 22nd day of September, 2016, I caused to be deposited for mailing, a true and correct copy of the 4 foregoing, MOTION TO PRODUCE INMATE LAUSTEVEION JOHNSON FOR TRIAL, to the 5 following: 6 LAUSTEVEION JOHNSON #82138 SOUTHERN DESERT CORRECTIONAL CENTER P. O. BOX 208 INDIAN SPRINGS, NV 89070 7 8 9 10 11 An employee of the Office of the Attorney General 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 3 Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 1 of 3 EXHIBIT A PROPOSED ORDER TO PRODUCE INMATE FOR TRIAL EXHIBIT A Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 2 of 3 1 2 3 4 5 6 7 8 ADAM PAUL LAXALT Attorney General BENJAMIN R. JOHNSON Deputy Attorney General Nevada Bar No. 10632 Bureau of Litigation Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: 775-684-1254 Email: BJohnson@ag.nv.gov Attorneys for Defendants Renee Baker, James “Greg” Cox, William Moore, April Witter, and Nissel Young 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 LAUSTEVEION JOHNSON, Case No. 3:14-cv-00178-RCJ-VPC Plaintiff, 12 13 v. 14 N. YOUNG, et al. 15 ORDER TO PRODUCE INMATE FOR TRIAL Defendants. 16 Before the Court is Defendants’ Motion to Produce Inmate Lausteveion Johnson for Trial. The 17 18 Court Ordered that the above-captioned case shall proceed to a jury trial at the Bruce R. Thompson December 12, 2016 Courthouse, 400 South Virginia Street, Reno, Nevada 89501, beginning on October 24, 2016. (ECF No. 19 96). The Motion to Produce Inmate Lausteveion Johnson for Trial is GRANTED. Accordingly, 20 IT IS ORDERED that the Nevada Department of Corrections shall temporarily transfer 21 Lausteveion Johnson (#82138) to a northern correctional institution that is suitable for his custody level, 22 has available housing units, and is geographically closer to Reno, Nevada than Southern Desert 23 Correctional Center, Lausteveion Johnson’s (#82138) current place of confinement, for the purpose of 24 trial in the above-referenced case; 25 26 IT IS FURTHER ORDERED that the Nevada Department of Corrections will transfer Lausteveion Johnson’s (#82138) with all of his legal property related to the above-referenced case; 27 IT IS FURTHER ORDERED that the Nevada Department of Corrections shall produce 28 Lausteveion Johnson’s (#82138) at the Bruce R. Thompson Courthouse, 400 South Virginia Street, Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 1 Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 3 of 3 1 Reno, Nevada 89501 from 8:30 a.m. until 5:00 p.m., or such other times ordered by the Court, for each 2 day of trial until the trial is concluded; and 3 IT IS FURTHER ORDERED that the Nevada Department of Corrections make any other 4 necessary arrangements to ensure that Lausteveion Johnson’s (#82138) remains physically present at the 5 Bruce R. Thompson Courthouse, 400 South Virginia Street, Reno, Nevada 89501 from 8:30 a.m. until 6 5:00 p.m. or such other times ordered by the Court, for each day of trial until the trial is concluded. 7 IT IS SO ORDERED. 8 Dated: September______, 2016. DATED: This 18th day of October, 2016. ________________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 2