Birrell, et al., v. Fox, et al.,
| David Wesley Birrell, Raymond D. Jackson, Sr., Sidney Ross Deegan, Jr., Steven Joseph Toussaint, Duane Reed Moore, Sr., Jeffrey Scott Sargent, Danny Bell, Randy Lee Gutschenritter, Richard Leon Loughmiller, Homer L. Preyer, Jose Alvarez, Christian Lownes, Thomas T. Alford, Alfred T. White, Claude Parker , Jr., Anton Acevedo, Perry Lewis, Hilliard Williams, Guillermo Chavez, Willis Dunham, Robert M Fenenbock, Juan Garcia, Orlando Ellis, John Hendrix, Teague H. Scott, Tracy Smith, Timothy Smedley, Benjamin Lagree, Nathan M. Seastrunk, Anthony Jasper, Peter Brown and Bobby Gary |
| Robert W. Fox, Joseph A. Bick, M. Cordero-Boucher, S. Vandermey, Bill Russell, Johnnie Mathews, Jerry Carter, Scott Kernan, Brian Duffy, Jon Camp and Vimal J. Singh |
| 2:2016cv01818 |
| August 2, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| John A. Mendez |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
88
ORDER signed by District Judge Daniel J. Calabretta on 2/23/24 ADOPTING in full 87 Findings and Recommendations and DISMISSING this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.CASE CLOSED (Kastilahn, A)
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Filing
87
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/26/2023 RECOMMENDING this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Daniel J. Calabretta; Objections to F&R due within 14 days. (Yin, K)
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Filing
86
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/15/2023 ORDERING, within 30 days, plaintiff shall file an opposition or statement of non-opposition to the 85 motion for judgment on the pleadings. Failure to comply with this order will result in recommendation that this action be dismissed under Federal Rule of Civil Procedure 41(b). (Yin, K)
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Filing
84
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/21/2023 GRANTING defendant 21 days to file a motion to dismiss plaintiff's remaining claim as moot. (Yin, K)
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Filing
83
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/13/2023 ORDERING plaintiff's Alford's claims are severed from plaintiff Deegan's. The Clerk shall open a new action and file a copy of this order and plaintiff Deegan's 82 second amended complaint in that action. The new action shall be assigned to the district court judge and magistrate judge assigned to this case. (Yin, K)
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Filing
80
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/2023 DENYING 61 Findings and Recommendations as pertaining to Alford. This matter is referred back to the assigned magistrate judge for further pretrial proceedings. (Perdue, C.)
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Filing
78
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/06/23 VACATING 70 72 Judgment as to plaintiff Alford; Clerk to RE-SERVE 61 08/04/22 F&Rs on plaintiff Alford; Alford has 21 days to file objections to said F&Rs. (Benson, A.)
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Filing
77
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/02/2023 GRANTING 76 Motion for Extension of Time. Second Amended Complaint due within 30 days. (Spichka, K.)
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Filing
74
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/25/2023 DISMISSING 12 First Amended Complaint. Plaintiff Deegan is GRANTED 30 days from the date of service of this order to file a Second Amended Complaint that complies with the requirement s of the Civil Rights Act, the FRCP, and the Local Rules of Practice. The second amended complaint must bear the docket number assigned this case and must be labeled "Second Amended Complaint." Defendant Fox need take no further action absent further order from the court.(Reader, L)
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Filing
71
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/23 ADOPTING in FULL 63 the findings and recommendations. Plaintiff Birrell is DISMISSED. The findings and recommendations 65 are ADOPTED in FULL. Plaintiff Sargent is DISMISSED. The Clerk is directed to enter judgment and close this case. CASE CLOSED(Kastilahn, A)
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Filing
65
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/11/2022 RECOMMENDING that plaintiff Sargent be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after service of these findings and recommendations. (Spichka, K.)
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Filing
63
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/14/2022 RECOMMENDING that that plaintiff Birrell be dismissed. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
61
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/4/2022 RECOMMENDING plaintiffs Deegan, Toussaint, Moore, Alvarez, Lownes and Alford be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
56
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/29/22 GRANTING Plaintiffs 21 days to file a status report indicating whether they have obtained counsel and, if not, whether they wish to pursue this matter pro se.(Licea Chavez, V)
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Filing
55
ORDER signed by District Judge John A. Mendez on 7/10/2019 ADOPTING IN PART 50 Findings and Recommendations and DISMISSING from this action plaintiffs Danny Bell, Raymond D. Jackson, Sr., Perry Lewis, Randy Lee Gutschenritter, Claude Parker, Jr., and Alfred Ray White. The magistrate judge's recommendation that plaintiff Thomas Temple Alford be dismissed is NOT ADOPTED. (York, M)
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Filing
52
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/10/19 DENYING 47 Motion for relief from court order. (Plummer, M)
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50
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/08/19 RECOMMENDING that defendants Alford, Bell, Jackson, Lewis, Gutschenritter, Parker and White be dismissed from this action. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/18/19 DIRECTING attorney Paul R. Martin to file an affidavit with the court within 7 days indicating that he has turned over all material in his possession relevant to this this case to plaintiff David Wesley Birrell if he has complied with 26 Order. If Mr. Martin has not turned over his case materials to plaintiff Birrell, Mr. Martin shall explain why not within 7 days. (Coll, A)
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26
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/31/2018 ORDERING within 30 days, Mr. Paul R. Martin shall turn over all material in his possession relevant to this case to plaintiff David Wesley Birrell and shall file an affidavit with t he court indicating he has done so. The Clerk shall serve this order upon the 17 plaintiffs identified in plaintiffs' amended complaint at the addresses identified in Mr. Martin's motion to withdraw. Within 30 days, any of the 16 plainti ffs identified in the amended complaint other than plaintiff Birrell may file with the court notice that they wish to remain a plaintiff in this case, and, if they do wish to remain, they must explain why. Plaintiff Birrell's request for the appointment of counsel is DENIED. (Yin, K)
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Filing
24
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/2018 ORDERING counsel for plaintiffs shall serve a copy of his 21 motion to withdraw on plaintiff Randy Gutschenritter and file a certificate of service with this court by 10/3/2018. Counsel's failure to do so may result in monetary sanctions. The deadlines established in the court's 11/1/2017 scheduling order are STAYED. (Yin, K)
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Filing
16
ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/30/17 are ADOPTED in full; and All defendants other than defendant Fox in his official capacity as Warden theCalifornia Medical Facility are DISMISSED.(Becknal, R)
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Filing
14
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/30/17 ORDERING that defendant Fox shall reply to plaintiffs' amended complaint within the time provided in FRCP 21(a). Also, RECOMMENDING that all defendants other than defendant Fox in his official capacity as Warden of the California Medical Facility be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
11
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/23/2017 ORDERING the court's 1/18/2017 6 findings and recommendations are VACATED. Plaintiff's request to file an amended complaint is GRANTED. Plaintiff's original complaint is DISMISSED and plaintiff has 30 days to file an amended complaint. Counsel for plaintiff is GRANTED 14 days within which to pay the $400.00 filing fee for this action. If plaintiff pays the filing fee, additional plaintiff's may be joined to the amended complaint as long as doing so complies with Fed.R.Civ.P. 20(a)(1). (Yin, K)
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Filing
6
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/18/17 granting 2 Motion to Proceed IFP. Service is appropriate for defendant Fox. The clerk of the court shall send counsel for plaintiff a USM-285 form, a summons, instruction sheet and a copy of the complaint to be completed and returned with the notice of submission of documents within 30 days. Also, RECOMMENDING that all defendants other than defendant Fox in his official capacity as Warden of the California Medical Facility be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Copy of this order, summons, instruction sheet, 1 USM, 285 form and a copy of the complaint served on the Attorney for plaintiff by mail). (Plummer, M)
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