Parthemore v. Kissel, et al

Plaintiff: Ira Don Parthemore
Defendant: B Kissel, J. Soltanian, L Reaves, C-Facility Captain and Blackwell
Case Number: 2:2013cv00819
Filed: April 26, 2013
Court: California Eastern District Court
Office: Sacramento Office
County: Amador
Referring Judge: Allison Claire
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 29, 2013 14 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 5/29/13 ORDERING that 5 Motion to Proceed IFP is GRANTED; 11 Motion for authorization is GRANTED; Plaintiff shall file an amended complaint within thirty days from the date of this order.(Dillon, M)
November 21, 2013 24 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 11/20/2013 ORDERING that defendant Blackwell is DISMISSED with leave to amend within 30 days, plaintiff is not obligated to amend his complaint; service is appropriate for defendants B. Kissel, J. So ltanian, C. Thomas, K. Costa, J. Sherrard, C. Heintschel, L. Reaves, Smith; S. Heatley, K. Toor, K. Malakka, P. Virk, and T. Neal; the Clerk shall provide plaintiff with forms for service which plaintiff may complete and return within 30 days; plaintiff shall return the Notice of Submission or Amendment with response.(Yin, K)
March 25, 2014 35 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/25/14 recommending that plaintiff's motion for immediate injunctive relief 34 be denied. MOTION for immediate injunctive relief 34 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 16, 2014 39 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 4/15/2014 VACATING defendants' 33 motion to dismiss; defendants may, within 14 days, bring a motion for summary judgment pursuant to Fed. R. Civ. P. 56 on the issue of administrative exhau stion, in doing so, defendants must provide plaintiff with a notice required under Rand v. Rowland; defendants may, within 14 days, re-file that portion of the vacated motion brought pursuant to Rule 12(b) (6) in a separate motion or in combination with any motion for summary judgment regarding the exhaustion of administrative remedies. (Yin, K)
April 23, 2014 41 Opinion or Order of the Court ORDER signed by Judge Kimberly J. Mueller on 4/22/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/25/14 35 are ADOPTED in full; and Plaintiff's MOTION for immediate Injunctive Relief 34 is DENIED. (Mena-Sanchez, L)
March 6, 2015 49 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/5/2015 RECOMMENDING that defendants' 42 motion for summary judgment be granted in part and denied in part, (a) granted as to all claims against defendants Kissel, Th omas, Costa, Sherrard, Heintschel, Reaves, Toor, Malakkla, Virk, and Neal and these defendants be dismissed without prejudice for failure to exhaust administrative remedies, (b) granted as to the claim that defendant Soltanian refused to issue a me dical hold and the claim be dismissed without prejudice for failure to exhaust administrative remedies, (c) denied as to the claim that defendant Soltanian refused to order shoulder surgery, (d) denied as to defendants Smith and Heatley; defendants&# 039; 43 motion to dismiss be denied; and defendants Soltanian, Smith, and Heatly be ordered to answer the remaining claims within 30 days from the date of adoption of the instant findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. No extensions of time wil be granted.(Yin, K)
March 31, 2015 50 Opinion or Order of the Court ORDER signed by Judge Kimberly J. Mueller on 3/30/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/6/15 49 , are ADOPTED in full. Defendants' MOTION for Summary Judgment 42 is GRANTED in part and DENIED in part. Defendants' MOTION to DISMISS 43 is DENIED. Defendants Soltanian, Smith, and Heatley are ordered to answer the remaining claims within thirty days from the date of this order.(Mena-Sanchez, L)
April 3, 2015 52 Opinion or Order of the Court ORDER signed by Judge Kimberly J. Mueller on 4/2/2015 DEEMING 51 Objections to Findings and Recommendations filed on 3/24/2015; CONFIRMING 50 Order Adopting Findings and Recommendations. (Michel, G.)
April 25, 2013 8 Opinion or Order of the Court ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 4/25/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 4/25/2013) [Transferred from cand on 4/26/2013.]

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Plaintiff: Ira Don Parthemore
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Defendant: B Kissel
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Defendant: J. Soltanian
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Defendant: L Reaves
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Defendant: C-Facility Captain
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Defendant: Blackwell
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