Smith v. Priolo et al
Plaintiff: Earl Dwayne Smith
Defendant: B. Priolo, J Delgado and D. Dharlingue
Case Number: 2:2009cv00654
Filed: March 9, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Kern
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 24, 2013 Opinion or Order Filing 76 STIPULATION and ORDER DISMISSING CASE signed by Judge John A. Mendez on 9/23/2013 ORDERING that under FRCP 41(a)(1)(A)(ii), Plaintiff Earl Smith and Defendants Delgado, Dharlingue, and Priolo stipulate to the voluntary dismissal of this action with prejudice. Each party is to bear his own costs, fees, or expenses. There is no prevailing party in this action. CASE CLOSED. (Zignago, K.)
March 4, 2013 Opinion or Order Filing 66 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/4/13 ORDERING the Custodian to produce Jeremy Puckett at 9:00 am on April 15, 2013 in Courtroom 6 before Judge John A. Mendez. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
January 4, 2013 Opinion or Order Filing 64 ORDER signed by Judge John A. Mendez on 1/03/13 adopting 62 FINDINGS AND RECOMMENDATIONS.Plaintiff's 11/08/12 motion 60 construed as a motion for a preliminary injunction is denied. (Plummer, M)
November 16, 2012 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/2012 ORDERING that pursuant to the 10/18/2012 pretrial order, the Clerk shall TERMINATE plaintiff's 49 , 52 requests. (Yin, K)
August 6, 2012 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Edmund F. Brennan on 08/03/12 denying 48 Motion to Appoint Counsel. (Plummer, M)
July 31, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/12 ORDERING that within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defend ants shall file a pretrial statement not later than 30 days after the filing of plaintiffs statement. Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the assigned district judge will be set in the pretrial order.(Dillon, M)
May 8, 2012 Opinion or Order Filing 45 ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/2012 ORDERING the custodian to produce Earl D. Smith #T-80524, to testify in USDC at 1:00 p.m. on 7/11/2012 in courtroom #2, before Judge Crai g M. Kellison; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the clerk to serve a copy of this order and writ on the Out-to-Court Desk and MCSP Warden. (cc: OTCD-SAC) (Yin, K)
April 4, 2012 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/2012 ORDERING the parties to, no later than 30 days, submit confidential statements regarding case selection for prisoner settlement program. (cc: ADR)(Yin, K)
March 29, 2012 Opinion or Order Filing 41 ORDER signed by Judge John A. Mendez on 3/29/2012 ADOPTING 40 Findings and Recommendations in full and DENYING 22 Motion for Summary Judgment. (Donati, J)
February 23, 2012 Opinion or Order Filing 40 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/23/12 ORDERING that the Clerk randomly assign a United States District Judge to this case; RECOMMENDING that 22 MOTION for SUMMARY JUDGMENT be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
December 21, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/20/11 ordering plaintiff's request for an extension of time and a request for access to his legal property 28 , 29 are denied as moot. (Plummer, M)
December 20, 2011 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/20/11 granting 28 Motion for Extension of time. Defendants are granted 35 days to and including 01/20/12 to file their reply. (Plummer, M)
November 14, 2011 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/11 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)
August 29, 2011 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/29/2011 DENYING 25 Motion to Appoint Counsel. (Waggoner, D)
August 6, 2010 Opinion or Order Filing 13 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 8/5/10 ORDERING the director of the CDC to collect an initial partial filing fee and thereafter, forward payment from the prison trust account of Earl D. Smith to the cl erk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders)(Dillon, M)
April 1, 2009 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/09 ORDERING that pltf has 30 days to submit either the filing fee or the 1915(a) application; the clerk to mail pltf an ifp application.(Yin, K)
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Plaintiff: Earl Dwayne Smith
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Defendant: B. Priolo
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Defendant: J Delgado
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Defendant: D. Dharlingue
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