Stephen v. Zhang et al
| Jimmie Stephen |
| F. Zhang, - Guerrero, Chen, Sisto, Green, Mosby, K. Pines, J.W. Haviland, H. Kosher, C.D. Brown, James Tilton and - Eck |
| 2:2009cv01516 |
| June 2, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kimberly J. Mueller |
| Kimberly J. Mueller |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
169
ORDER signed by Chief Judge Morrison C. England, Jr on 1/17/13 DENYING 168 Motion for Reconsideration; the Magistrate Judge's 166 Order is AFFIRMED. Documents filed after this Order will be disregarded and no orders will be issued in response to further filings. (Manzer, C)
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Filing
166
ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/02/13 ordering on 12/27/12, plaintiff filed a document styled "Exhaustion of Remedies." This civil rights action was closed on 03/01/12. Plaintiff is advised that documents filed after the closing date will be disregarded an no orders will issue in response to future filings. (Plummer, M)
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Filing
164
ORDER signed by Chief Judge Morrison C. England, Jr on 12/6/12 DENYING 160 Motion to Reopen Case. (Dillon, M)
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Filing
151
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/01/11 ORDERING the motion to amend damages 130 is denied. The motion to strike plaintiff's unauthorized sur-reply 134 is denied as moot. Plaintiff&# 039;s motions to strike 137 and 147 , including any request therein for sanctions are denied. The motion to stay 138 , to the extent it seeks a stay of this litigation is denied. The motion for sanctions 139 is denied. The motion to strike t he supplement to the second amended complaint 140 is granted. Also, RECOMMENDING the motion to dismiss 124 be granted for plaintiff's failure to exhaust administrative remedies. The motion for default judgment 127 be denied. The motion for emergency stay, temporary restraining order or preliminary injunction 135 be denied. The motion for a stay 138 , construed by the court as a motion for injunctive relief against plaintiff's transfer to San Quentin State Prison be denied. The motion for reconsideration 123 of the court's ruling of 08/08/11, declining to declare plaintiff a vexatious litigant, be denied as moot. This case be closed. Motions 123 , 124 , 127 , 135 and 138 referred to District Judge Morrison C. England Jr. Objections due within 21 days.(Plummer, M)
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Filing
118
ORDER signed by Judge Morrison C. England, Jr on 08/05/11 ordering the findings and recommendations filed 06/21/11 97 are adopted in full. Defendants 10/12/10 motion to declare plaintiff a vexatious litigant 56 is denied. Plaintiff's 03/22/11 motion for an injunction ordering the immediate repair or replacement of his teeth 85 is denied. (Plummer, M)
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Filing
117
ORDER signed by Magistrate Judge Carolyn K Delaney on 8/5/11 ORDERING that Defendants' 116 Emergency Request to Seal service document 114 is GRANTED. Accordingly, the Clerk of the Court shall immediately place the service document under seal ; the U.S. Marshal shall re-file the service document after redacting the home address of former Associate Warden Brown; and the mailroom staff at California State Prison Solano shall redact the private address on the service document before it is delivered to the inmate-plaintiff. (Owen, K)
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Filing
109
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/11 ORDERING that The amended motion to set aside entry of default 101 is GRANTED; The motion for an extension of time 102 is GRANTED; In the event the district judge assigned to this case adopts the magistrate judges recommendation of 6/21/11, to deny the motion to declare plaintiff a vexatious litigant, all defendants will have 10 days from the entry of the district judges order in which to file a response to the second amended comp laint. If the motion to declare plaintiff a vexatious litigant is granted, defendants responses to the second amended complaint will be due no later than 10 days after they are notified that plaintiff has posted security. Plaintiffs motions for default judgment 103 , 104 , 105 and 108 are DENIED as moot.(Dillon, M)
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Filing
97
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/20/11 ORDERING that the following motions filed by plaintiff are DENIED: 69 supplemental motion to strike; 73 motion to strike; 82 motion for order to sho w cause; and 83 motion for ruling on all issues on amended complaint. Plaintiffs 79 motion to dismiss defendants Green and Oyeyemi is DENIED as moot. The courts 87 order is VACATED. Clerk is directed to enter the default of defendants Sisto an d Haviland. Defendants Swarthout and Zhang have seven days from the date of this order in which to respond to the second amended complaint. It is RECOMMENDED that defendants 56 motion to declare plaintiff a vexatious litigant be denied; and Plaintiffs 85 motion for an injunction ordering the immediate repair or replacement of his teeth be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
95
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/03/11 ordering the motion for appointment of counsel 90 is denied. Plaintiff is apprised that another motion for the appointment of counsel without a drastic change in circumstances that nec essitates the appointment of counsel may result in the imposition of sanctions for vexatious use of the court's process. The motions to issue an order to show cause and to amend the motion to issue an order to show cause 93 , 94 are denied. (Plummer, M) Modified on 6/3/2011 (Plummer, M).
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Filing
87
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/21/11 ORDERING that 71 Motion is DENIED as moot; Within 30 days of the date of this order, plaintiff shall file an opposition to the motion to dismiss or a statement of non-opposition. (Dillon, M)
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Filing
81
ORDER signed by Magistrate Judge Edmund F. Brennan on 01/12/11 DENYING 76 Motion to Appoint Counsel. (Williams, D)
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Filing
77
ORDER ADOPTING 67 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 12/10/2010. Plaintiff's 53 Request for Order directing prison authorities to provide typewriter ribbons, interpreted as Request for Injunctive Relief, is DENIED. (Marciel, M)
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Filing
68
ORDER signed by Judge Morrison C. England, Jr on 11/12/10 ORDERING that Plaintiff's 10/19/10 Request for Reconsideration 61 is DENIED.(Mena-Sanchez, L)
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Filing
67
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/9/2010 ORDERING that pltf's 58 request to file a supplemental cmplt is DENIED; and RECOMMENDING that pltf's 53 request for an order directing prison authorities to provide typewriter ribbons, interpreted as a request for injunctive relief, be denied. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
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Filing
48
ORDER denying 45 Motion to Appoint Counsel signed by Magistrate Judge Kimberly J. Mueller on 07/15/10. (Plummer, M)
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Filing
39
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jimmie Stephen signed by Magistrate Judge Kimberly J. Mueller on 6/14/2010. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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Filing
17
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 1/22/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 21 days. (Yin, K)
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