Mitchell v. Schwartzenegger et al
| John Edward Mitchell |
| Arnold Schwartzenegger, Mathew Cate, J. Haviland, V Singh, C. M. Scavetta, R Cappel, D. McGuire, G Bickham, D Easterling, R Durfey, J Fowler, D Rosario and Garcia |
| 2:2009cv03012 |
| October 28, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Luis Obispo |
| Dale A. Drozd |
| 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
255
ORDER signed by District Judge Robert C. Jones on 3/8/16 ORDERING that the MOTIONS 242 , 244 , 241 , 240 are DENIED.(Mena-Sanchez, L)
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Filing
251
ORDER signed by District Judge Robert C. Jones on 1/25/2016 DENYING 240 Motion for New Trial; DENYING 241 Request for Relief from Judgment; DENYING 244 Motion to Appoint Counsel; DENYING 249 Rule 60 Motion for New Trial and/or Relief from Judgment. (Michel, G.)
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Filing
226
ORDER signed by District Judge Robert C. Jones on 10/30/15 ORDERING that the 225 Motion in Limine is GRANTED IN PART and DENIED IN PART. (Benson, A)
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Filing
219
ORDER signed by District Judge Robert C. Jones on 10/20/15 ordering that the motion for a court order to be transferred to CSP Sacramento 211 is granted in part. The Motion to appoint counsel 213 is denied. The motion to remove Kevin Fisher fro m witness list 214 is granted. The motion to attend trial in civilian clothes without handcuffs/shackles 215 is granted in part. The motion for issuance of subpoenas 216 is granted. The clerk shall issue the attached subpoenas 216 at 2,5 to plaintiff after correcting the date of appearance to reflect 11/02/15 and the place of appearance to reflect courtroom 4. Plaintiff may then send the subpoenas to the U.S. Marshal for service along with the required witness fees. (Plummer, M)
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Filing
210
AMENDED WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by District Judge Robert C. Jones on 10/02/15 ordering the Custodian to produce John Edward Mitchell on 11/02/15 at 9:00 a.m. in courtroom 4 before Judge Robert Jones. 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 writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
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Filing
209
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Robert C. Jones on 9/29/15 ORDERING the Custodian to produce Kevin Fisher at 9:00 am on 11/2/15 in Courtroom 4 on the 15th Floor. 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)
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Filing
199
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2015 ORDERING that plaintiff's 187 motion to reopen discovery and modify the scheduling order is DENIED; plaintiff's 196 request to issue a subpoena duces tecum is DENIED; plaintiff's 186 motion for an examination or expert witness is DENIED; plaintiff's 185 request for judicial notice is DENIED; and within 14 days, defendants shall file their pretrial statement. (Yin, K)
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Filing
198
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/18/15 recommending that plaintiff's motions for injunctive relief 193 and 194 be denied. Motions 193 and 194 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
195
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/6/2015 DIRECTING the Clerk to send plaintiff the form for filing a civil rights action; AND RECOMMENDING that plaintiff's 190 motion for injunctive relief be denied. Motion referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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Filing
183
ORDER signed by Magistrate Judge Kendall J. Newman on 07/01/15 ordering plaintiff's 06/01/15 motion 179 is denied without prejudice. Plaintiff's request for an extension of time 182 is granted. Plaintiff is granted 30 days from the date of this order in which to file a pretrial statement. (Plummer, M)
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Filing
173
ORDER denying 170 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 03/12/15. (Plummer, M)
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Filing
171
ORDER signed by Judge John A. Mendez on 3/6/2015 ORDERING that the 169 findings and recommendations are ADOPTED in full. Defendants' 150 motion for summary judgment as to plaintiff's retaliation claim against defendant Garcia is GRANTED. Defendants' motion for summary judgment is DENIED on all remaining claims. (Zignago, K.)
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Filing
169
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/4/15 RECOMMENDING that 150 MOTION for SUMMARY JUDGMENT be granted in part and denied in part, as follows: Defendants motion for summary judgment as to plaintiffs retaliation claim against defendant Garcia be granted; and Defendants motion for summary judgment be denied on all remaining claims. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/14 ordering the clerk of the court is directed to change plaintiff's address of record as set forth in plaintiff's 07/14/14 filing 157 at 1. Plaintiff's motions for extensi on of time to file pretrial motions 152 , 154 are granted. Plaintiff's motion for extension of time to file an opposition to defendants' motion for summary judgment 157 is granted. Plaintiff is granted 60 days in which to file his pr etrial motions and opposition to defendants' motion for summary judgment. Plaintiff's motion for order regarding his legal materials and property 157 is partially granted as follows: Upon return from vacation, counsel for defendants sha ll work with prison officals at SATF, including the litigation coordinator, to ensure plaintiff's legal materials are returned; and within 10 days from the date of this order, defendants shall re-serve copies of defendants' responses to plaintiff's first set of interrogatories. The clerk of the court shall serve a copy of this order on the litigation coordinator at SATF in Corcoran, California. (Plummer, M)
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Filing
148
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/14 ORDERING that plaintiffs motions (ECF Nos. 143 , 145 ) are denied without prejudice.(Dillon, M)
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Filing
141
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 04/07/14 denying 102 Motion for Protective Order. Within 21 days, defendants shall produce to plaintiff copies of the confidential supplement to "appeal inqui ry" re: Appeal Log No. CSP-S008-03956, dated 12/22/09; and Confidential Supplement to "Appeal Inquiry" re: Appeal Log No. CSP-S-08-03956, dated 12/26/08. Plaintiff will not disclose those documents or contents of them to anyone not involved in this litigation. Plaintiff's motion for sanctions 131 is denied. All pretrial motions, except motions to compel discovery, shall be filed on or before 06/13/14. (Plummer, M) Modified on 4/8/2014 (Plummer, M).
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Filing
133
ORDER signed by Magistrate Judge Kendall J. Newman on 3/14/2014 PARTIALLY GRANTING 132 Motion for Court Order; DIRECTING counsel for the defendants to immediately contact the litigation coordinator at California Substance Abuse Treatment Facility and California State Prison - Corcoran to ensure that the plaintiff's legal material is transported with the plaintiff for his attendance at the Settlement Conference set for 3/25/2014. (Michel, G)
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Filing
129
ORDER ADOPTING 124 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 2/3/14 DENYING 116 Motion for Injunctive Relief. (Manzer, C)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/14 ORDERING that within 30 days from the date of this order, defendants shall submit a copy of the (1) the confidential Supplement to Appeal Inquiry re: Appeal Log No. CSP-S008-03956, dated December 22, 2009; and (2) the Confidential Supplement to Appeal Inquiry re: Appeal Log No. CSP-S-08-03956, dated December 26, 2008, to the undersigned for in camera review; Plaintiffs request to amend or supplement his complaint (ECF No. 109 ) is denied; Plaintiffs motion to strike (ECF No. 114 ) is denied; and Plaintiffs motion for sanctions (ECF No. 113 ) is denied without prejudice; within 30 days from the date of this order, plaintiff may renew his motion for sanctions, as set forth above; and this action is set for settlement conference before the undersigned on March 25, 2013, at 9:00 a.m., at the United States District Court, Eastern District of California, 501 I Street, Sacramento, California 95814, in Courtroom No. 25 (8th Floor).(Dillon, M)
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Filing
124
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/26/13 ORDERING plaintiff's motion to dispense with the requirement of security 117 is denied without prejudice. The clerk of the court is directed to se nd plaintiff the form for filing a civil rights action pursuant to 42 USC 1983. Also, RECOMMENDING that plaintiff's motion for injunctive relief 116 be denied. MOTION for injunctive relief 116 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
100
ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/13 ORDERING that Plaintiffs motion to maintain institution video recordings 86 is DENIED. Plaintiffs motion to compel discovery 87 is DENIED. Plaintiffs supplemental motion to compel discovery 88 is partially granted (see order for details); Plaintiffs motion for revised scheduling order 98 is DENIED. Plaintiffs request 93 is DENIED without prejudice.(Dillon, M)
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Filing
89
ORDER and REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 8/7/13. Plaintiffs motion for a ninety day extension of the discovery deadline 79 is partially granted; the August 16, 2013 discovery deadline is extended to Octobe r 16, 2013, for the limited purpose of allowing plaintiff to propound interrogatories to defendants, as set forth above, and conducting follow-up discovery as to potential witnesses Valdez and Neason. Plaintiff shall forthwith serve the interrogato ries on defendants; defendants shall respond to the interrogatories within thirty days from the date defense counsel receives the interrogatories. Defendants request to conduct plaintiffs deposition by videoconference 80 is granted. Plaintiffs motion for appointment of counsel 83 is denied without prejudice. The November 8, 2013 pretrial motions deadline is extended to January 8, 2014.(Dillon, M)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2013 DENYING, without prejudice, plaintiff's 78 motion. (Yin, K)
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Filing
77
ORDER signed by Judge John A. Mendez on 6/17/13 ADOPTING in full 72 Findings and Recommendations; DENYING without prejudice 68 Motion for TRO. (Meuleman, A)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 06/14/13 ordering that plaintiff's 06/07/13 motion 74 is denied without prejudice. (Plummer, M)
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Filing
72
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/29/13 ORDERING that defendants motion to strike (dkt. no. 65 ) is GRANTED; Plaintiffs supplemental complaints (dkt. nos. 61 , 69 ) are STRICKEN; Plaintiffs m otion to dispense with the requirement of security (dkt. no. 70 ) is DENIED without prejudice; and Plaintiffs motion for appointment of counsel (dkt. no. 71 ) is DENIED. It is RECOMMMENDED that 68 Motion for Temporary Restraining Order be denied without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
66
ORDER ADOPTING 59 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 4/10/13 GRANTING D Easterling's 54 Motion to Dismiss; Plaintiff's excessive force claim is DISMISSED without prejudice; GRANTING J. Haviland, V. Singh, G . Bickham and R. Cappel's Motion to Dismiss; Plaintiff's retaliation claims are DISMISSED with prejudice; Defendant McGuire's motion to dismiss plaintiff's retaliation claims is DENIED; Defendant Rosario is directed to file an answer to the excessive force claims, and Defendants Rosario, Garcia and McGuire are directed to file an answer to the First Amendmennt retaliation claims within 14 days. (Manzer, C)
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Filing
59
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/04/13 recommending that defendant Easterling's motion to dismiss 54 be granted and plaintiff's excessive force claim be dismissed without prejudice. The moti on to dismiss 54 filed by defendants Bickham, Cappel, Singh and Haviland be granted; and plaintiff's retaliation claims be dismissed with prejudice. Defendant McGuire's motion to dismiss plaintiff's retaliation claims be denied; and within 14 days from any district court order adopting the instant findings and recommendations, defendant Rosario be directed to file an answer to plaintiff's excessive force claims, and defendants Rosario, Garcia and McGuire be directed to file an answer to plaintiff's First Amendment retaliation claims. MOTION to DISMISS 54 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2012 DENYING, without prejudice, plaintiff's 49 motion for an extension of time and plaintiff's 50 motion for appointment of counsel. (Yin, K)
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Filing
47
ORDER adopting in full 45 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 1/30/12. Defendants' 38 motion to dismiss is granted in part and denied in part. Defendants Durfey, Schwarzenegger and Cate are DISMISSED. Plaintiff& #039;s state law claims contained in claim six are dismissed. Plaintiff's Eighth Amendment claim against defendants Haviland and Singh in claim four is dismissed. In all other respects Plaintiff's amended complaint is dismissed with leave to amend the complaint. Within 30 days after service of this order, plaintiff shall file a second amended complaint; should plaintiff fail to timely file such second amended complaint, this action shall proceed solely on claims one and two of 19 the amended complaint. (Kastilahn, A) Modified on 1/31/2012 (Kastilahn, A).
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Filing
45
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/14/2011 RECOMMENDING that the 38 Motion to Dismiss be granted in part and denied in part, that Plaintiffs state law claims contained in claim six be dismissed for failu re to state a claim, that Plaintiffs Eighth Amendment claim against defendants Haviland and Singh in claim four be dismissed, that Plaintiffs amended complaint be dismissed with leave to file a second amended complaint and that Plaintiff be permitted 30 days after service of the district judges order adopting these findings and recommendations to file a second amended complaint. Motion referred to Judge John A. Mendez. Objections to F&R due withn 21 days. (Michel, G)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/11 ORDERING that plf's 39 Motion for Extension of time is GRANTED; plf has until 05/11/11 to file a response to the Motion to Dismiss; dfts' reply, if any, is due 7 days thereafter. (Benson, A.)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 2/9/11 GRANTING 32 Motion for Extension; Defendants' responsive pleading shall be filed on or before 3/24/11.(Matson, R)
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Filing
31
ORDER signed by Judge John A. Mendez on 1/31/11 ORDERING the findings and recommendations 30 are ADOPTED IN FULL; and pltf's motion for preliminary injunction 26 is DENIED. (Carlos, K)
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30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/3/2010 ORDERING that the Clerk is directed to randomly assign a district judge to this case. IT IS HEREBY RECOMMENDED that Pltfs 26 Motion for a Preliminary Injunction be denied. Motion referred to Judge John A. Mendez. Objections to F&R due within 21 days. (Zignago, K.)
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Filing
25
ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/10 DENYING 22 Motion to submit supplemental complaint; The 23 supplemental complaint, docketed as Second Amended Complaint, is disregarded. (Dillon, M)
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Filing
17
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 2/16/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of John Edward Mitchell to the clerk 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)
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