Chappell v. Perez et al
| Rex Chappell |
| T. Perez, K. Bond, P. Cochrane, Sweeten, D. Vanderville, R. Drieth, D. Medina, D. Swingle, J. Neponmuceno and Mallatt |
| 2:2009cv01465 |
| May 28, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Garland E. Burrell |
| Edmund F. Brennan |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
73
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/17/12 ORDERING that plaintiff's motion for sanctions 62 is denied. Also, RECOMMENDING that the 7/18/12 motion for summary judgment 57 be granted. Pla intiff's due process challenge to the December 2009 rules violation report be dismissed without prejudice; and plaintiff's remaining claims be dismissed. MOTION for SUMMARY JUDGMENT 57 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 07/17/12 ordering the motion for summary judgment filed by defendants on 02/17/12 57 is deemed re-noticed as of the filing date of this order, and shall be so desginated on the docket by the cle rk of the court. Within 21 days after the service date of this order, plaintiff may oppose defendants' motion for summary judgment L.R. 230(l), by filing and serving (a) a new comprehensive opposition to the motion, inclduing all pertinent exhi bits; (b) a supplemental opposition, and any new exhibits; OR (c) a statement that plaintiff chooses to rely on his previously-filed opposition and exhibits. Within 7 days after the date of service of the opposition, defendants may file and serve (a) a new comprehensive reply to plaintiff's opposition; (b) a supplemental reply; or (c) a statement that defendants choose to rely on the previously filed reply. (see order for further details) (Plummer, M)
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Filing
66
ORDER signed by Magistrate Judge Kendall J. Newman on 06/20/12 ordering that within 7 days of the date of this order, defendants shall file under seal the documents discussed in the 05/30/12 order. (Plummer, M)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 05/29/12 ordering defendants' request to seal documents is temporarily granted. Defendants' undisputed statements of facts and defendants' exhibit B (declaration of Harold F. Tate, M.D. with attachments) are sealed; the court, the parties, and their agents and attorneys of record shall have access to those document. Plaintiff is granted 14 days from the date of this order to file a short brief clarifying whether he is waiving any opposition to the disclosure of these records. (Plummer, M)
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Filing
56
ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/12 GRANTING 54 Motion for extension of time. Defendants summary judgment motion is due on or before February 17, 2012. (Dillon, M)
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Filing
55
ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/12 DENYING 53 Motion to Appoint Counsel. (Dillon, M)
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Filing
47
ORDER signed by Judge Garland E. Burrell, Jr on 7/7/11 ADOPTING 46 FINDINGS AND RECOMMENDATIONS in full and GRANTING 41 Motion to Dismiss as to plaintiff's claims brought pursuant to the California Government Code and California Constitution. Defendants are ORDERED to file an answer to plaintiff's 21 Amended Complaint within 20 days from the date of this Order. (Meuleman, A)
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Filing
46
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/7/11 RECOMMENDING that Plaintiffs state law claims brought pursuant to the California Penal Code and Title 15 be dismissed because these laws and regulations do not author ize private causes of action; Defendants' 41 MOTION to DISMISS be granted as to plaintiffs claims brought pursuant to the California Government Code and California Constitution; and Defendants be ordered to file an answer to plaintiffs amended complaint within 20 days of the adoption of these findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/11 DENYING 38 Motion requesting that the court declare a conflict of interest.(Dillon, M)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/10 ORDERING that within thirty days of the date of this order, plaintiff shall file an opposition, if any, to the motion for an order declaring him a vexatious litigant. If plaintiff fails to file an opposition, this action shall be dismissed. (Dillon, M)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/2010 ORDERING that the 16 findings and recommendations are VACATED; pltf's 17 motion for extension of time is GRANTED, pltf's amended cmplt due w/in 30 days; and pltf's 18 motion for return of his legal property is DENIED w/out prejudice. (Yin, K)
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Filing
16
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/22/10 RECOMMENDING that this action be dismissed. Objections to these F&Rs due w/i 21 days; referred to Judge Garland E. Burrell, Jr. (Benson, A.)
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Filing
13
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rex Chappell signed by Magistrate Judge Kendall J. Newman on 02/16/10. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Finanical with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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