Lacy v. Tyson et al
Plaintiff: Gary Andre Lacy
Defendant: H Tyson, J. Peacock, M. Brook Walter, M. Bremnar, Roy A. Castro, Ombudsman Duncan Fallon, I Patel, J. Akanno, Aspeitia and J. Nail
Case Number: 1:2007cv00381
Filed: March 9, 2007
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Lawrence J. O'Neill
Presiding Judge: William M. Wunderlich
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

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

Date Filed Document Text
August 16, 2016 Opinion or Order Filing 174 ORDER GIVING FULL EFFECT TO STIPULATION TO DISMISS CASE, WITH PREJUDICE, UNDER RULE 41 RE 172 AND ORDER FOR CLERK TO CLOSE CASE signed by Chief Judge Lawrence J. O'Neill on 8/16/2016. CASE CLOSED.(Lundstrom, T)
March 9, 2016 Opinion or Order Filing 164 AMENDED NOTICE of Telephonic Status Conference Before Magistrate Judge Erica P. Grosjean signed by Magistrate Judge Erica P. Grosjean on 3/9/2016. (Jessen, A)
February 26, 2016 Opinion or Order Filing 163 NOTICE of Telephonic Status Conference signed by Magistrate Judge Erica P. Grosjean on 2/26/2016. Telephonic Status Conference set for 3/23/2016 at 1:30 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Lundstrom, T)
February 23, 2016 Opinion or Order Filing 161 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 160 ; GRANTING IN PART AND DENYING IN PART DEFENDANTS' AMENDED MOTION FOR SUMMARY JUDGMENT 121 ; DENYING DEFENDANTS' MOTION FOR QUALIFIED IMMUNITY AND FOR THIS CASE TO PROCEED AGAINST DEFENDANTS PEACOCK AND TYSON FOR FAILURE TO PROTECT PLAINTIFF, AND AGAINST DEFENDANTS T. REYNA, CORREA, BREMNAR, AND BROOKWALTER FOR USE OF EXCESSIVE FORCE signed by District Judge Lawrence J. O'Neill on 2/22/2016. (Lundstrom, T)
January 6, 2016 Opinion or Order Filing 160 FINDINGS AND RECOMMENDATIONS TO GRANT IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 121 signed by Magistrate Judge Erica P. Grosjean on 1/6/2016. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 2/8/2016. (Lundstrom, T)
May 18, 2015 Opinion or Order Filing 157 ORDER in Response to 155 & 156 Motions signed by Magistrate Judge Gary S. Austin on 5/16/2015. (Lundstrom, T)
March 18, 2014 Opinion or Order Filing 152 ORDER Granting 151 Request; ORDER Directing Clerk to Send Copy of Docket Sheet to Plaintiff, signed by Magistrate Judge Gary S. Austin on 3/18/14. (Gonzalez, R)
January 17, 2013 Opinion or Order Filing 147 ORDER RESOLVING 99 Motion to Compel; ORDER Following In Camera Review of Discovery Documents; ORDER for Defendants to Provide Redacted Copy of Documents to Plaintiff Within Twenty Days, With Proof of Service to Court, signed by Magistrate Judge Gary S. Austin on 1/17/13. (Marrujo, C)
November 5, 2012 Opinion or Order Filing 132 ORDER signed by District Judge Lawrence J. O'Neill on 11/4/2012 adopting 128 FINDINGS AND RECOMMENDATIONS; denying 92 Motion for Substitution of Parties and dismissing Defendant, R. Reyna from this action with prejudice. (Lundstrom, T)
September 20, 2012 Opinion or Order Filing 128 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 9/19/2012 recommending that 92 MOTION for Substitution of Parties be denied and to dismiss Defendant R. Reyna from this action with prejudice. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 10/25/2012. (Lundstrom, T)
September 11, 2012 Opinion or Order Filing 127 ORDER REQUIRING PLAINTIFF to File Opposition or Statement of Non-Opposition to 121 Defendants' Amended Motion for Summary Judgment Within Sixty (60) Days, signed by Magistrate Judge Gary S. Austin on 9/11/2012. (Jessen, A)
September 10, 2012 Opinion or Order Filing 126 ORDER GRANTING IN PART 99 Plaintiff's Motion to Compel Responses to Request for Production of Documents signed by Magistrate Judge Gary S. Austin on 9/7/2012. Within thirty (30) days, Defendants shall submit documents under seal to the Court for in camera review, in response to Plaintiff's Request for Production of Documents No. 7. All discovery in this action is now closed. (Jessen, A)
August 23, 2012 Opinion or Order Filing 125 ORDER Granting Plaintiff's Motion (Doc. 124 ), ORDER Deferring Decision On Motion For Summary Judgment Pending Resolution Of Plaintiff's Motion To Compel (Doc. 99 ), signed by Magistrate Judge Gary S. Austin on 8/23/2012. (Fahrney, E)
June 26, 2012 Opinion or Order Filing 118 ORDER Granting 117 Motion for Extension of Time to File Dispositive Motion signed by Magistrate Judge Gary S. Austin on 06/25/2012. Dispositive Motions filed by 6/28/2012. (Flores, E)
May 8, 2012 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Gary S. Austin on 5/8/2012 granting 114 Request to Modify Scheduling Order. (Dispositive Motion due by 6/18/2012). (Lundstrom, T)
April 23, 2012 Opinion or Order Filing 113 ORDER DIRECTING the United States Marshal to Provide Further Evidence With Regard to Service Upon Defendant R. Reyna, Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 4/19/2012. cc: USM Sacramento. (Jessen, A)
April 2, 2012 Opinion or Order Filing 110 ORDER GRANTING in PART and DENYING in PART Plaintiff's 59 Motion to Compel Responses to First Set of Interrogatories; signed by Magistrate Judge Gary S. Austin on 3/30/2012. Forty-Five Day Deadline for Defendants Bremner, Brookwalter, Correa, Peacock, and Tyson to Respond to Interrogatory No. 10 as Instructed by This Order. (Marrujo, C)
March 27, 2012 Opinion or Order Filing 109 ORDER Denying Request For Subpoenas, Without Prejudice To Renewal Within Thirty Days (Doc. 89 ), Thirty Day Deadline, signed by Magistrate Judge Gary S. Austin on 3/26/2012. (Fahrney, E)
January 5, 2012 Opinion or Order Filing 103 ORDER GRANTING Defendants' Motion For Leave To Depose Plaintiff By Video Conference 98 , 102 , signed by Magistrate Judge Gary S. Austin on 1/5/12. (Hellings, J)
December 8, 2011 Opinion or Order Filing 98 ORDER GRANTING Motions to Modify Scheduling Order 85 & 97 , signed by Magistrate Judge Gary S. Austin on 12/8/2011. (New Discovery Deadline - 3/15/2012; New Dispositive Motions Deadline - 5/16/2012). (Marrujo, C)
October 20, 2011 Opinion or Order Filing 88 ORDER denying 86 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 10/20/2011. (Lundstrom, T)
October 6, 2011 Opinion or Order Filing 81 ORDER DISCHARGING 74 Order to Show Cause; ORDER GRANTING Plaintiff (30) Thirty Days to File Rule 25 Motion, signed by Magistrate Judge Gary S. Austin on 10/05/2011. **(30) Day Deadline** (Martin-Gill, S)
September 7, 2011 Opinion or Order Filing 74 ORDER to SHOW CAUSE,signed by Magistrate Judge Gary S. Austin on 09/07/2011. (30-day deadline for Show Cause Response) (Martin-Gill, S)
February 14, 2011 Opinion or Order Filing 63 ORDER GRANTING 57 Motion to Stay; ORDER STAYING ACTION UNTIL SEPTEMBER 1, 2011; ORDER VACATING 59 Motion to Compel; ORDER RESOLVING 60 Motion for Extension; ORDER RESOLVING 61 Motion, signed by Magistrate Judge Gary S. Austin on 02/14/2011. (Case Management Deadline: 9/1/2011) (Martin, S)
December 13, 2010 Opinion or Order Filing 44 ORDER GRANTING 41 Motion to take deposition by video conference, signed by Chief Judge John M. Roll on 12/13/2010. (Martin, S)
October 22, 2010 Opinion or Order Filing 38 ORDER DENYING 37 Motion to Appoint Counsel signed by Chief Judge John M. Roll on 10/22/2010. (Jessen, A)
October 7, 2010 Opinion or Order Filing 36 AMENDED ORDER signed by Chief Judge John M. Roll on 10/6/2010. Plaintiff's Deposition by 1/12/2011, Witness List due by by 2/11/2011, Discovery due by 3/18/2011, Dispositive Motions filed by 4/22/2011. (Sant Agata, S)
September 14, 2010 Opinion or Order Filing 35 ORDER signed by Chief Judge John M. Roll on 9/14/10: Witness List due 2/11/2010; Discovery due 3/18/2010; Dispositive Motions filed by 4/22/2010. (Hellings, J)
October 19, 2009 Opinion or Order Filing 22 ORDER DENYING 18 Motion for Reconsideration signed by Chief Judge John M. Roll on 10/16/2009. (Figueroa, O)
August 27, 2009 Opinion or Order Filing 17 ORDER, signed by Chief Judge John M. Roll on 8/27/09: Counts III, V, and VI and Defendants Dill and Heanacho are dismissed without prejudice; Defendants R. Reynaga, Correa, Peacock, Bremnar, Brookwalter, T. Reyna, Tyson, Aspeitia, and Patel must answer Counts I, II, and IV; The Clerk of Court must send Plaintiff a service packet including a Notice of Submission of Documents form, an Instruction Sheet, (9) Summons, (9) USM-285 Forms, and (1) copy of the Amended Complaint filed on 4/ 28/09; Plaintiff must return service documents within 30 days of the date of filing of this Order; If Plaintiff fails to return the Notice of Submission of Documents and the required documents within 30 days of filing of this Order, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. See Fed.R.Civ.P. 41(b). (Case Management Deadline 9/29/2009 for Plaintiff to comply with this Order) (Hellings, J)
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Plaintiff: Gary Andre Lacy
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Defendant: H Tyson
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Defendant: J. Peacock
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Defendant: M. Brook Walter
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Defendant: M. Bremnar
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Defendant: Roy A. Castro
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Defendant: Ombudsman Duncan Fallon
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Defendant: I Patel
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Defendant: J. Akanno
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Defendant: Aspeitia
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Defendant: J. Nail
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