McElroy v. Cox et al
Plaintiff: Latwahn McElroy
Defendant: Roy Cox, Cope and California Department of Corrections
Case Number: 1:2008cv01221
Filed: August 19, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Kern
Presiding Judge: Gary S. Austin
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
October 18, 2018 Opinion or Order Filing 170 ORDER denying Plaintiff's 169 Motion for Trial Transcript signed by Magistrate Judge Gary S. Austin on 10/18/2018. (Lundstrom, T)
June 20, 2012 Opinion or Order Filing 156 ORDER Dismissing Claims And Defendants Pursuant To Federal Rule Of Civil Procedure 50(a)(1), signed by District Judge Lawrence J. O'Neill on 6/20/2012. (Fahrney, E)
June 7, 2012 Opinion or Order Filing 148 ORDER Denying Defendants' Request To Reset The Trial Date, Without Prejudice To Renew Within Three Court Days (Doc. 147 ), signed by District Judge Lawrence J. O'Neill on 6/7/2012. (Fahrney, E)
May 22, 2012 Opinion or Order Filing 145 ORDER GRANTING 144 Defendants' Request to Substitute Trial Witness signed by District Judge Lawrence J. O'Neill on 5/22/2012. Dr. J. Zweifler is substituted in place of trial witness Dr. M. Spaeth. (Jessen, A)
May 21, 2012 Opinion or Order Filing 143 ORDER GRANTING 141 Motion for Substitution of Parties signed by District Judge Lawrence J. O'Neill on 5/21/2012. LVN M. Hankins is substituted in place of Defendant M. Hankins. (Jessen, A)
May 18, 2012 Opinion or Order Filing 142 ORDER DENYING 137 Plaintiff's Motion for Attendance of Incarcerated Witness at Trial signed by District Judge Lawrence J. O'Neill on 5/17/2012. (Jessen, A)
May 17, 2012 Opinion or Order Filing 138 PRETRIAL ORDER signed by District Judge Lawrence J. O'Neill on 5/17/2012. Motions in Limine deadline: 5/28/2012. Jury Trial set for 6/19/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Order Resolves Docs. 108 and 114 ). (Jessen, A)
May 7, 2012 Opinion or Order Filing 135 ORDER denying 130 Motion for reconsideration signed by Magistrate Judge Gary S. Austin on 5/7/2012. (Lundstrom, T)
May 2, 2012 Opinion or Order Filing 132 ORDER CHANGING TIME of Telephonic Trial Confirmation Hearing, signed by District Judge Lawrence J. O'Neill on 5/2/2012. Trial Confirmation Hearing RESET for 5/10/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Jessen, A)
April 24, 2012 Opinion or Order Filing 126 ORDER DENYING 125 Plaintiff's Request for Appointment of Private Investigator and Court Runner signed by Magistrate Judge Gary S. Austin on 4/24/2012. (Jessen, A)
April 16, 2012 Opinion or Order Filing 124 ORDER DENYING 113 Plaintiff's Motion for Attendance of Incarcerated Witness at Trial, Without Prejudice to Renewal of the Motion Within Twenty (20) Days, signed by District Judge Lawrence J. O'Neill on 4/16/2012. (Jessen, A)
April 13, 2012 Opinion or Order Filing 122 ORDER DENYING 111 Motion to Reset Trial Date, signed by District Judge Lawrence J. O'Neill on 04/13/2012. (Martin-Gill, S)
March 13, 2012 Opinion or Order Filing 110 ORDER for Defendants to Respond to Plaintiff's 109 MOTION to Correspond With an Inmate Witness, Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 3/13/2012. (Responses Due Within Thirty.) (Marrujo, C)
March 12, 2012 Opinion or Order Filing 107 ORDER GRANTING Extension of Time to March 9, 2012 for Plaintiff to Send Witness Statements to Defendants 104 , signed by Magistrate Judge Gary S. Austin on 3/9/12. (Hellings, J)
February 21, 2012 Opinion or Order Filing 101 ORDER ADDRESSING Plaintiff's 99 Motion for Settlement; ORDER REQUIRING Parties to Notify Court whether a Settlement Conference would be Beneficial; Thirty Day Deadline signed by Magistrate Judge Gary S. Austin on 2/21/2012. (Sant Agata, S)
February 17, 2012 Opinion or Order Filing 100 ORDER GRANTING Defendants' 59 Motion for Sanctions; ORDER Imposing Monetary Sanctions on Plaintiff; ORDER for Plaintiff to Send Witness Statements to Defendants Within Ten Days, or Self-Executing Evidentiary Sanctions Shall Also be Impose, signed by Magistrate Judge Gary S. Austin on 2/16/2012. (Marrujo, C)
October 12, 2011 Opinion or Order Filing 95 ORDER GRANTING 84 Motion to Withdraw as Counsel for Defendant Rocha;ORDER REQUIRING Clerk of Court to Serve a Copy of this Order on Defendant Rocha as his address of record, to be kept Confidential; ORDER REQUIRING Clerk of the Court to effect serv ice of any Filing in this action by Plaintiff or other Defendants on Defendant Rocha at address to be kept Confidential, signed by District Judge Lawrence J. O'Neill on 10/12/2011. (Attorney Phillip L. Arthur terminated as counsel for Defendant Rocha) (Martin-Gill, S)
September 13, 2011 Opinion or Order Filing 92 ORDER REQUIRING Plaintiff to File a Response to 59 Defendants' Motion for Sanctions Within Thirty (30) Days, signed by Magistrate Judge Gary S. Austin on 9/13/2011. (Jessen, A)
August 22, 2011 Opinion or Order Filing 87 ORDER GRANTING 86 Motion to Seal; ORDER DIRECTING Clerk to File Document Under Seal signed by Magistrate Judge Gary S. Austin on 8/22/2011. (Sant Agata, S)
June 27, 2011 Opinion or Order Filing 79 ORDER Transferring Case To U.S. Magistrate Judge In The Fresno Division Of The Eastern District Of California, signed by District Judge Jeffrey T. Miller on 6/24/2011. (Fahrney, E)
June 13, 2011 Opinion or Order Filing 78 ORDER signed by District Judge Jeffrey T. Miller on 6/10/2011. (Status Conference set for 6/24/2011 at 10:00 AM before District Judge Jeffrey T. Miller). (Lundstrom, T)
May 18, 2011 Opinion or Order Filing 72 SCHEDULING ORDER signed by District Judge Jeffrey T. Miller on 05/17/2011. Final Pretrial Conference set for 7/25/2011 at 10:00 AM before District Judge Jeffrey T. Miller; Jury Trial set for 8/22/2011 at 10:00 AM before District Judge Jeffrey T. Miller.(Flores, E)
April 7, 2011 Opinion or Order Filing 66 ORDER Providing Notice to Pro Se Prisoner of Requirements for Opposing 63 Summary Judgment Pursuant to Klingele/Rand and SETTING BRIEFING SCHEDULE, signed by District Judge Jeffrey T. Miller on 4/6/2011. Motion for Summary Judgment Hearing set for 5/16/2011 at 10:00 AM before District Judge Jeffrey T. Miller. (Gonzalez, R)
March 31, 2011 Opinion or Order Filing 61 ORDER Denying Defendants' 60 Request for Court Order signed by District Judge Jeffrey T. Miller on 03/30/2011. (Flores, E)
February 16, 2011 Opinion or Order Filing 57 ORDER GRANTING 53 Defendants' Motion to Compel Discovery Responses, signed by Magistrate Judge Anthony J. Battaglia on 02/15/2011. (Plaintiff shall produce the three witness statements an mail them to Defendants no later than February 18, 2011) (Martin, S)
February 1, 2011 Opinion or Order Filing 56 ORDER Setting Hearing Date on Defendants' Motion to Compel signed by Magistrate Judge Anthony J. Battaglia on 02/01/2011. Motion Hearing set for 2/15/2011 at 10:00 AM before Magistrate Judge Anthony J. Battaglia. (Flores, E)
January 4, 2011 Opinion or Order Filing 54 ORDER Setting Briefing Schedule, signed by Magistrate Judge Anthony J. Battaglia on 12/29/2010. (Responses due by 1/18/2011.) (Marrujo, C)
October 18, 2010 Opinion or Order Filing 51 ORDER Denying Plaintiff's 48 49 Motion to Compel Production of Documents as Moot signed by Magistrate Judge Anthony J. Battaglia on 10/15/2010. (Flores, E)
December 11, 2009 Opinion or Order Filing 30 ORDER Denying Appointment Of Counsel; Denying Request For Appointment Of The Necessary Experts (Doc. Nos. 26 , 27 ), signed by Magistrate Judge Anthony J. Battaglia on 12/8/2009. (Scrivner, E)
December 7, 2009 Opinion or Order Filing 29 ORDER Striking Lodged First Amended Complaint From The Docket 28 , signed by District Judge Jeffrey T. Miller on 12/4/2009. It is ORDERED that: The Clerk of Court shall strike Plaintiff's "lodged" First Amended Complaint from the Court's docket (Doc. No. 28 ).(Scrivner, E)
October 20, 2009 Opinion or Order Filing 24 ORDER DENYING 23 Motion to Appoint Counsel signed by District Judge Jeffrey T. Miller on 10/19/2009. (Figueroa, O)
August 25, 2009 Opinion or Order Filing 20 ORDER DENYING Defendants' Motion to Dismiss Plaintiff's Complaint 15 Pursuant to Fed.R.Civ.P.12(b), signed by District Judge Jeffrey T. Miller on 8/21/09: Defendants shall file an Answer to Plaintiff's Complaint, and serve it upon Plaintiff, no later than twenty (20) days after the date upon which this Order is filed. (Hellings, J)
July 15, 2009 Opinion or Order Filing 16 ORDER signed by District Judge Jeffrey T. Miller on 7/15/2009 setting briefing schedule for 15 MOTION to DISMISS. (Plaintiff's Opposition Deadline: 7/31/2009, Reply Deadline: 8/14/2009). (Lundstrom, T)
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Plaintiff: Latwahn McElroy
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Defendant: Roy Cox
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Defendant: Cope
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Defendant: California Department of Corrections
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