Toth v. Yates et al
Plaintiff: Robert Toth
Defendant: J Yates, C. Hudson-Huckabay and K - Scott
Case Number: 1:2008cv01219
Filed: August 15, 2008
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Dennis L. Beck
Presiding Judge: Lawrence J. O'Neill
Nature of Suit: None
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
December 3, 2010 Opinion or Order Filing 121 ORDER Directing Clerk Of Court To Close Action Pursuant To Plaintiff And Defendants' Notice Of Voluntary Dismissal (Doc. 119 ), signed by Magistrate Judge Dennis L. Beck on 12/2/2010. (Fahrney, E)
December 2, 2010 Opinion or Order Filing 120 ORDER DIRECTING Clerk of Court to Close Action pursuant to Plaintiff and Defendants' NOTICE OF VOLUNTARY DISMISSAL; Dismissal is without prejudice, signed by Magistrate Judge Dennis L. Beck on 12/02/2010. CASE CLOSED (Martin, S)
October 25, 2010 Opinion or Order Filing 118 ORDER to SHOW CAUSE, signed by Magistrate Judge Dennis L. Beck on 10/22/2010. Plaintiff's Show Cause Response due by 11/17/2010.(Verduzco, M)
September 23, 2010 Opinion or Order Filing 114 ORDER Requiring Defendants To Respond To Plaintiff's Motion Within Fifteen Days (Doc. 113 ), signed by Magistrate Judge Dennis L. Beck on 9/22/2010. (Response due by 10/12/2010) (Scrivner, E)
June 16, 2010 Opinion or Order Filing 104 ORDER DENYING Motions for Hearing 85 , 86 ; ORDER GRANTING Motion for Extension of Time to File Opposition 95 ; ORDER DENYING Request for Stay 97 ; ORDER GRANTING Request for Clarification and Extension of Time 102 , signed by Magistrate Judge Dennis L. Beck on 6/16/10: Defendants' opposition to Plaintiff's motion and reply to Plaintiff's opposition is due 6/30/2010. (Hellings, J)
March 26, 2010 Opinion or Order Filing 84 ORDER Amending Order Adopting Findings and Recommendations 73 , signed by District Judge Lawrence J. O'Neill on 3/26/2010. (Verduzco, M)
February 25, 2010 Opinion or Order Filing 78 ORDER VACATING February 18, 2010 77 Order; AMENDED ORDER re Plaintiff's February 12, 2010 75 Motion and Defendants' February 16, 2010 76 Motion; Response due within 20 Days signed by Magistrate Judge Dennis L. Beck on 2/24/2010. Response due by 3/22/2010. (Sant Agata, S)
February 18, 2010 Opinion or Order Filing 77 ORDER for Defendants to RESPOND to Plaintiff's February 12, 2010 75 Motion signed by Magistrate Judge Dennis L. Beck on 2/17/2010. Response due by 3/15/2010. (Sant Agata, S)
January 13, 2010 Opinion or Order Filing 73 ORDER ADOPTING 54 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 1/13/2010. C. Hudson-Huckabay terminated. Defendants Yates and K. Scott are granted thirty (30) days from the date of service of this order in which to file their response to the second amended complaint. Filing Deadline: 2/16/2010. (Bradley, A)
December 10, 2009 Opinion or Order Filing 71 ORDER Regarding Fictitious Name In Caption (Docs. 62 , 66 , 67 ), signed by Magistrate Judge Dennis L. Beck on 12/10/2009. The Court will continue to permit Plaintiff to proceed with the fictitious name J. Doe in this action. The Clerk of Court will write Plaintiff's real name on any court mail for purposes of mail delivery only. (Scrivner, E)
December 3, 2009 Opinion or Order Filing 63 FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 56 Requests for Injunctive Relief be Denied, signed by Magistrate Judge Dennis L. Beck on 12/2/2009. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 12/16/2009. (Sondheim, M)
December 2, 2009 Opinion or Order Filing 62 ORDER Regarding Fictitious Name in Caption; Plaintiff's Response due within Twenty Days signed by Magistrate Judge Dennis L. Beck on 12/01/2009. Response due by 12/28/2009. (Flores, E)
November 16, 2009 Opinion or Order Filing 54 FINDINGS and RECOMMENDATIONS Recommending Dismissal of Certain Claims and Defendants and Granting Defendants' Request for Extension of Time to Respond to Second Amended Complaint re 46 , 47 ; Objections, if any, due Within Thirty Days signed b y Magistrate Judge Dennis L. Beck on 11/16/2009. The Court HEREBY RECOMMENDS This action proceed on Plaintiffs second amended complaint against (1) defendants K. Scott, J. D. Bennett, S. Gonzales, J. Melendez, Griffin, W. Brumbaugh, John Doe 2, John Doe 3, H. Martinez, and S. Kern for failure to protect in violation of the Eighth Amendment; (2) defendants B. Diaz, P. Soares, E. Wolford, D. J. Hatten, J. Yates, N. Green, and D. Huckabay for retaliation in violation of the First Amendment; and (3 ) defendants Cate and Yates for violation of the Equal Protection Clause of the Fourteenth Amendment; All other claims be dismissed from this action for failure to state a claim upon which relief may be granted; Defendants Schwarzenegger, CDCR, Tilto n, Mukasey, G. Clark, M. Wilson, M. Dever, A. Rangal, John Doe 4, J. Hernandez, A. Aguilar, J. Herrera, C. Hudson-Huckabay, C. Huckabay, and D. Stone be dismissed from this action for failure to state a claim upon which relief may be granted; and Def endants Yates and K. Scott be granted thirty (30) days after the resolution of these Findings and Recommendations within which to file their response to thesecond amended complaint. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 12/21/2009. (Bradley, A)
November 10, 2009 Opinion or Order Filing 53 ORDER DENYING 27 , 28 , 30 Request for Amicus Curiae Status; ORDER STRIKING 27 , 28 , 30 , 32 , 34 , 35 , 37 , 43 , 45 Documents signed by Magistrate Judge Dennis L. Beck on 11/9/2009. (Bradley, A)
November 5, 2009 Opinion or Order Filing 48 RECONSIDERATION ORDER signed by District Judge Lawrence J. O'Neill on 11/5/2009. This Court DENIES Plaintiff's 42 Motion for Reconsideration. (Bradley, A)
August 12, 2009 Opinion or Order Filing 38 ORDER Disregarding 10 Motion for Issuance of Summons as Premature signed by Magistrate Judge Dennis L. Beck on 8/12/2009. (Sant Agata, S)
August 4, 2009 Opinion or Order Filing 36 ORDER Denying Request For Amicus Curiae Status (Doc. 12 ), ORDER Striking Documents (Docs. 13 , 14 ), signed by Magistrate Judge Dennis L. Beck on 8/2/2009. (Scrivner, E)
July 28, 2009 Opinion or Order Filing 33 ORDER DENYING Plaintiff's 29 Request for Reconsideration; this Court ORDERS Plaintiff, no later than September 7, 2009, to File an Amended Complaint signed by District Judge Lawrence J. O'Neill on 7/27/2009. (Sant Agata, S)
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Defendant: J Yates
Represented By: Ellen Y. Hung
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Defendant: C. Hudson-Huckabay
Represented By: Ellen Y. Hung
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Defendant: K - Scott
Represented By: Ellen Y. Hung
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Plaintiff: Robert Toth
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