Aubert v. Elijah et al
Plaintiff: Ess'nn A. Aubert
Defendant: Kevin Elijah, Mario Garcia and A. Hedgpeth
Case Number: 1:2007cv01629
Filed: November 8, 2007
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Gary S. Austin
Presiding Judge: Lawrence J. O'Neill
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
November 7, 2013 Opinion or Order Filing 122 Notice and ORDER that Inmate Witness Is No Longer Needed as Witness in these Proceedings, and the 117 Writ of Habeas Corpus Ad Testificandum is Discharged, signed by District Judge Lawrence J. O'Neill on 11/7/13. (Gonzalez, R)
October 31, 2013 Opinion or Order Filing 117 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Ess'nn A. Aubert, CDC# V-77688 to Trial on November 6, 2013 at 7:30 a.m., Courtroom 4, signed by District Judge Lawrence J. O'Neill on 10/31/13. (Gonzalez, R)
October 22, 2013 Opinion or Order Filing 112 ORDER & WRIT Of Habeas Corpus Ad Testificandum To Transport Ess'nn A. Aubert, CDC#V-77688, Date: November 5, 2013, Time: 7:30 a.m., signed by District Judge Lawrence J. O'Neill on 10/22/2013. (Fahrney, E)
September 24, 2013 Opinion or Order Filing 100 ORDER and WRIT of Habeas Corpus Ad Testificandum to transport Plaintiff, Ess'nn A. Aubert for trial on October 29, 2013 at 7:30 a.m. signed by Magistrate Judge Gary S. Austin on 9/23/2013. (Lundstrom, T).
July 26, 2013 Opinion or Order Filing 93 NOTICE to Parties Regarding Impacted Trial Calendar and Availability of Consent to U.S. Magistrate Judge Jurisdiction, signed by District Judge Lawrence J. O'Neill on 7/26/13. (Gonzalez, R)
May 6, 2013 Opinion or Order Filing 85 ORDER DENYING 84 Motion for Settlement Conference signed by Magistrate Judge Gary S. Austin on 5/6/2013. (Jessen, A)
March 27, 2013 Opinion or Order Filing 80 ORDER Requiring Parties To Notify Court Whether A Settlement Conference Would Be Beneficial, Thirty-Day Deadline, signed by Magistrate Judge Gary S. Austin on 3/27/2013.(Responses due by 4/30/2013) (Fahrney, E)
March 26, 2013 Opinion or Order Filing 79 ORDER Adopting FINDINGS AND RECOMMENDATIONS (ECF No. 76 ), signed by District Judge Lawrence J. O'Neill on 3/26/2013. This action is referred to the Magistrate Judge for further pretrial proceedings as to Defendants Elijah and Garcia.(Fahrney, E)
March 21, 2013 Opinion or Order Filing 78 ORDER Denying Motion For Appointment Of Counsel (Motion# 77 ), signed by Magistrate Judge Gary S. Austin on 3/21/2013. (Fahrney, E)
March 1, 2013 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS recommending that 61 Defendant's Motion for Summary Judgment be DENIED re 1 Complaint signed by Magistrate Judge Gary S. Austin on 2/28/2013. Referred to Judge O'Neill. Objections to F&R due within twenty (20) days. (Jessen, A)
August 23, 2012 Opinion or Order Filing 72 AMENDED SECOND INFORMATIONAL ORDER - Notice And Warning Of Requirements For Opposing Defendants' Summary Judgment Motion (Doc. 61 ), signed by Magistrate Judge Gary S. Austin on 8/23/2012. (Fahrney, E)
July 10, 2012 Opinion or Order Filing 70 ORDER Directing Clerk to Re-Serve Second Informational Order with RAND Notice Upon Plaintiff, signed by Magistrate Judge Gary S. Austin on 7/9/12. (Verduzco, M)
April 11, 2012 Opinion or Order Filing 64 ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendnat Garcia's Motion for Summary Judgment 61 , Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 4/11/12. (Gonzalez, R)
September 15, 2011 Opinion or Order Filing 59 ORDER Re: 53 Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 9/14/11. Defendant Elijah's 42 Motion for Summary Judgment is denied. (Gonzalez, R)
August 10, 2011 Opinion or Order Filing 58 ORDER Granting in Part Defendants' Motion for Leave to Conduct Depositions by Videoconference 55 , signed by Magistrate Judge Gary S. Austin on 8/10/11. (Verduzco, M)
July 14, 2011 Opinion or Order Filing 57 ORDER Denying Motion For Appointment Of Counsel (# 56 ), signed by Magistrate Judge Gary S. Austin on 7/14/2011. (Fahrney, E)
May 11, 2011 Opinion or Order Filing 53 FINDINGS and RECOMMENDATIONS re: Defendant Elijah's Motion for Summary Judgment 42 , signed by Magistrate Judge Gary S. Austin on 5/11/11. Referred to Judge O'Neill. Objections Due in Thirty Days. (Gonzalez, R)
October 14, 2010 Opinion or Order Filing 41 ORDER DENYING 31 Plaintiff's Motion to Compel; and ORDER DENYING Plaintiff's Request for Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 10/13/2010. (Jessen, A)
September 28, 2010 Opinion or Order Filing 40 ORDER Adopting 35 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendant Elijah's 23 Motion for Judgment on the Pleadings, or in the Alternative, Motion to Dismiss for Failure to Exhaust signed by District Judge Lawrence J. O'Neill on 9/28/2010. (Sant Agata, S)
August 24, 2010 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS Recommending that Defendants 23 Motion to Dismiss be DENIED, signed by Magistrate Judge Gary S. Austin on 8/24/2010, referred to Judge O'Neill. Objections to F&R due by 9/27/2010. (Marrujo, C)
July 28, 2010 Opinion or Order Filing 34 ORDER GRANTING Defendants 33 Ex Parte Motion to Extend the Deadline Pretrial Dispositive Motions, signed by Magistrate Judge Gary S. Austin on 7/28/2010. (Dispositive Motions filed by 10/29/2010) (Marrujo, C)
March 1, 2010 Opinion or Order Filing 29 ORDER denying 25 Request by U.S. Marshal for reimbursement of Costs signed by Magistrate Judge Gary S. Austin on 3/1/2010. (Lundstrom, T)
July 31, 2009 Opinion or Order Filing 17 ORDER Adopting 13 FINDINGS AND RECOMMENDATIONS; ORDER for this Action to Proceed on Plaintiff's Eighth Amendment Claim Only, and Dismissing Plaintiff's Supervisory Liability claim signed by District Judge Lawrence J. O'Neill on 7/30/2009. (Sant Agata, S)
November 16, 2007 Opinion or Order Filing 4 ORDER to Submit New Application to Proceed In Forma Pauperis AND Certified Copy of Trust Account Statement OR Pay Filing Fee within Thirty (30) Days, signed by Judge Gary S. Austin on 11/16/07. IFP Deadline due by 12/19/2007. (Attachments: # 1 IFP Application# 2 IFP Instructions)(Verduzco, M)
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Plaintiff: Ess'nn A. Aubert
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Defendant: Kevin Elijah
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Defendant: Mario Garcia
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Defendant: A. Hedgpeth
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