Hollis v. Sloan, et al
Plaintiff: Marvin Glenn Hollis
Defendant: Phillip Sloan, E. Jenesky, Murray, J. Cummings, David Dennis, M. Boretz and N. Acquaviva
Case Number: 2:2008cv02674
Filed: November 7, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Lassen
Presiding Judge: Gregory G. Hollows
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 5, 2013 Opinion or Order Filing 150 ORDER signed by Magistrate Judge Kendall J. Newman on 7/5/2013 and stipulated between the parties to DISMISS this action with prejudice purusuant to Rule 41(a)(1)(A)(ii); and the Clerk shall close this case. CASE CLOSED. (Yin, K)
March 8, 2013 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Kendall J. Newman on 03/07/13 ordering defendants are hereby directed to file and serve, within 14 days after the filing date of this order, a statement informing the court whether defendants have any objections, or further conditions precedent, to the dismissal of this action with prejudice pursuant to FRCP 41(a), as requested by plaintiff. If defendants have no objection to the dismissal of this action at this time, they shall also file a copy of the prepared "Stipulation for Voluntary Dismissal with Prejudice," bearing the signature of defendants' counsel and date of signature. (Plummer, M)
January 17, 2013 Opinion or Order Filing 133 ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/2013 ORDERING that all pending dates in this action are VACATED; the 125 order appointing counsel for plaintiff is STAYED; and the parties shall file their dispositional documents and/or a stipulated request for dismissal of this action, within 180 days. (cc: ADR)(Yin, K)
December 14, 2012 Opinion or Order Filing 130 ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2012 ORDERING the Clerk to file UNDER SEAL the 12/9/12 declaration of Dr. Uppal. (Yin, K)
October 25, 2012 Opinion or Order Filing 125 ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2012 ORDERING that plaintiff's 115 motion to strike defendants' evidence is DENIED in its entirety; plaintiff's 122 motion for a court order directing prison photocopyi ng services is DENIED without prejudice; plaintiff's 120 motion for appointment of an independent expert witness is DENIED; plaintiff's 121 motion for appointment of counsel is GRANTED, the Clerk is to contact ADR Coordinator for t he purpose of locating an attorney admitted to practice in this court who is willing to accept this appointment, for the purpose of pursuing this action on plaintiff's behalf through summary judgment; all pending deadlines shall REMAIN VACATED pending further order of this court.(cc: ADR) (Yin, K)
June 14, 2012 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/12 ORDERING that Defendant Dennis request to seal the June 7, 2012 declaration of Dr. S.K. Uppal, M.D. 104 , is GRANTED; The Clerk of Court is directed to file under seal the June 7, 2012 de claration of Dr. S.K. Uppal, M.D.; Defendant Dennis motion to stay this action as to him 102 , is GRANTED, pending further order of this court; Defense counsel shall promptly inform the court if defendant Dennis health improves enough to participate in this action; in the meantime, defense counsel shall, every six months, commencing six months after the filing date of this order, inform the court in writing about the status of defendant Dennis health. (Dillon, M)
April 24, 2012 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that the order filed April 19, 2012 97 , is VACATED. The deadline for filing dispositive motions in this action is hereby set for July 20, 2012. The deadline for conducting disco very shall remain Monday, June 11, 2012. Plaintiffs 90 first-filed motion for partial summary judgment is DENIED without prejudice. Plaintiffs 91 motion to deem the filing date of his first-filed motion for partial summary judgment as the date he submitted the motion to prison officials is DENIED as moot. Plaintiffs motion, entitled a Request to Order Prison Officials to Photocopy Legal Documents and to Provide Writing Paper, submitted to prison officials on December 26, 2011, and filed wi th the court on April 17, 2012 (Dkt. No. 94 (see n.1, supra)), is DENIED as moot, and without prejudice. Plaintiffs second-filed motion for partial summary judgment 93 , shall proceed on the merits. Defendants motion for an extension of time [92 ] is GRANTED; defendants shall file and serve their opposition to plaintiffs operative motion for partial summary judgment 93 , within 60 days after the filing date of this order; plaintiff may file and serve a reply within 21 days after service of the opposition.(Dillon, M)
April 19, 2012 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/2012 ORDERING that the deadline for filing dispositive motions are EXTENDED to 9/14/2012; the deadline for discovery shall remain 6/11/2012; plaintiff's 90 motion for summary judgment is DENIED without prejudice; plaintiff's 91 motion to deem the filing date of his motion for summary judgment as the date he submitted the motion to prison officials is DENIED as moot; defendant's 92 motion for an extension of time to oppose plaintiff's motion for summary judgment is DENIED as moot. (Yin, K)
March 21, 2012 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 3/20/12 granting in part 75 and 77 Motions to "terminate or limit" pltf's deposition; dfts shall reschedule pltf's deposition in accordance with this order within 30 days; Discovery deadline extended to 6/11/2012; Dispositive Motion deadline is vacated; 84 Motion for Extension Time and 86 Motion to Consolidate with settlement conference are DENIED as moot. (Manzer, C)
March 13, 2012 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 3/12/12; IT IS HEREBY ORDERED that defendant Dennis is excluded from participating in discovery in this action for a period of ninety days, subject to further order of this court. Defense counsel shall inform the court in writing, within ninety days after the filing date of this order, of defendant Dennis' health status. Counsel may earlier inform the court of Dennis status if pertinent information becomes available. Plaintiff shall not propound further discovery requests on defendant Dennis, and shall not request responses to outstanding requests, until further order of this court.(Matson, R)
March 2, 2012 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Kendall J. Newman on 03/01/12 ordering defense counsel is directed to file and serve, within 7 days after the filing date of this order, a statement indicating whether plaintiff's deposition took place on 03/01/1 2. If the deposition remains pending, counsel shall so inform the court, and indicate whether it is reasonable to accomodate any of plaintiff's concerns. If the deposition remains pending, plaintiff may file and serve a response within 7 days after service of defendants' statement. (Plummer, M)
December 13, 2011 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/11 ORDERING that plaintiff's 69 motion to strike is DENIED. (Yin, K)
December 5, 2011 Opinion or Order Filing 67 ORDER AND AMENDED DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2011 ORDERING that plaintiff's 66 motion to set a mediation or settlement conference is DENIED without prejudice; defendants' 65 motio n to extend deadlines is GRANTED, subject to the original 10/18/10 Discovery and Scheduling order; discovery is due by 3/2/2012; pretrial motions to be filed on or before 5/4/2012; and the clerk to send plaintiff a copy of the original 56 Discovery and Scheduling Order together with this order.(Yin, K)
November 17, 2011 Opinion or Order Filing 64 ORDER denying 57 Motion to declare plaintiff a vexatious litigant signed by Magistrate Judge Kendall J. Newman on 11/16/11. (Plummer, M)
October 18, 2010 Opinion or Order Filing 55 ORDER denying 49 Motion to Appoint Expert signed by Magistrate Judge Kendall J. Newman on 10/15/10. (Plummer, M)
September 30, 2010 Opinion or Order Filing 52 ORDER signed by Judge Garland E. Burrell, Jr on 09/30/10 ADOPTING in full 47 FINDINGS AND RECOMMENDATIONS; GRANTING in part 37 Motion to Dismiss ; Defendants motion to dismiss plaintiffs Eighth Amendment claims forinjunctive relief, and request t o appoint a receiver, is granted; Defendants motion to dismiss plaintiffs Eighth Amendment claims for damages is denied;5. Defendants motion to dismiss defendants Cummings and Acquaviva is denied;6. Plaintiffs claim for injunctive relief against defe ndants at High Desert State Prison, based on his retaliation claims, is denied; and this action shall proceed on plaintiffs Eighth Amendment claims for damages, including his claim for damages based on the alleged breach of mental health confidentiality, and plaintiffs retaliation claims, as set forth in the July 28, 2010 findings and recommendations. (Williams, D)
July 28, 2010 Opinion or Order Filing 47 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/27/10 RECOMMENDING that 37 MOTION to DISMISS be partially granted. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
September 17, 2009 Opinion or Order Filing 36 ORDER signed by Judge Garland E. Burrell, Jr. on 09/16/09 ORDERING that the 33 Motion for Reconsideration is DENIED. (Benson, A.)
September 15, 2009 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Gregory G. Hollows on 09/15/09 granting in part 30 Motion for Extension of Time to File Answer. Defendants have an additional 30 days to and including 09/23/09 to file their responsive pleading. Plaintiff's motion for default 32 is denied. (Plummer, M)
August 21, 2009 Opinion or Order Filing 29 ORDER denying 23 , 24 Motions for Reconsideration signed by Judge Garland E. Burrell, Jr on 8/2009. The order of the magistrate judge filed June 17, 2009, is affirmed. (Kaminski, H)
August 17, 2009 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Gregory G. Hollows on 08/17/09 ordering the clerk of the court is directed to assign a district judge to the case. U.S. District Judge Garland E. Burrell randomly assigned to this action. (Plummer, M)
April 13, 2009 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/13/09 ORDERING that service is appropriate for dfts Sloan, Jenesky, Murray, Cummings, Dennis, Boretz and Acquaviva; clerk to send pltf forms for service and a copy of the 13 amended cmplt to be completed and returned w/ the Notice of Submission w/in 30 days. (Yin, K)
January 21, 2009 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/20/09 ORDERING that plaintiffs request to proceed in forma pauperis is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action with an initial partial fi ling fee of $5.82 to be collected and paid in accordance with this courts order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiffs conspiracy claims against all defendants are dismissed for the reasons discussed above, with leave to file an amended complaint within 30 days from the date of service of this Order.(Dillon, M)
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Plaintiff: Marvin Glenn Hollis
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Defendant: Phillip Sloan
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Defendant: E. Jenesky
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Defendant: Murray
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Defendant: J. Cummings
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Defendant: David Dennis
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Defendant: M. Boretz
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Defendant: N. Acquaviva
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