Miller v. Rufion, et al
Plaintiff: Gerald L. Miller, Jr.
Defendant: O. Rufion and Moonga
Case Number: 1:2008cv01233
Filed: August 21, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Kern
Presiding Judge: Oliver W. Wanger
Presiding Judge: Sandra M. Snyder
Nature of Suit: Plaintiff
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
April 24, 2012 Opinion or Order Filing 204 ORDER On Satisfaction Of Judgment, signed by Judge Barry T. Moskowitz on 4/24/2012. (Fahrney, E)
April 12, 2012 Opinion or Order Filing 201 ORDER Setting Telephonic Status Conference, signed by Judge Barry T. Moskowitz on 4/11/12: Status Conference set for April 24, 2012 at 11:00 a.m.; The Attorney General's Office shall coordinate the conference call with Kern Valley State Prison. (Hellings, J)
January 31, 2012 Opinion or Order Filing 194 ORDER EXTENDING TIME TO APPEAL to March 11, 2012, signed by Judge Barry T. Moskowitz on 1/31/2012. (Jessen, A)
January 11, 2012 Opinion or Order Filing 192 JUDGMENT dated *1/11/2012* in favor of Plaintiff and against Defendant in the amount of $3,000 pursuant to the Jury Verdict rendered on 1/11/2012. CASE CLOSED. (Krueger, M)
December 16, 2011 Opinion or Order Filing 178 SUBPOENA DUCES TECUM ORDER, signed by Judge Barry T. Moskowitz on 12/16/11. (Gonzalez, R)
October 24, 2011 Opinion or Order Filing 173 ORDER Setting Trial and Related Dates, signed by Judge Barry T. Moskowitz on 10/24/2011. (Telephonic Pretrial Conference set for 12/28/2011 at 10:30 AM; Trial set for 1/9/2012 at 09:30 AM.) (Marrujo, C)
October 14, 2011 Opinion or Order Filing 172 ORDER Re: Procedure For Obtaining Trial Testimony Of Marshall Lewis, M.D.; ORDER Denying Motion For Reconsideration (Doc. 171 ), signed by Judge Barry T. Moskowitz on 10/13/2011. (Fahrney, E)
August 31, 2011 Opinion or Order Filing 166 ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Produce Plaintiff, Gerald Lee Miller, Jr. CDCR # C-92075, Via Video Conference Before Magistrate Judge Bianchini on September 8, 2011 a 11:00 a.m., signed by Judge Barry T. Moskowitz on 8/30/2011. (Marrujo, C)
August 30, 2011 Opinion or Order Filing 165 ORDER Re: Pretrial Matters, signed by Judge Barry T. Moskowitz on 8/29/2011. (The trial date is VACATED. Pretrial Conference set for 10/19/2011 at 10:00 AM before Judge Barry T. Moskowitz.) (Marrujo, C)
August 23, 2011 Opinion or Order Filing 162 ORDER Denying Plaintiff's Motion To Intervene (Doc. No. 152 ), signed by Magistrate Judge William McCurine, Jr on 8/23/2011. (Fahrney, E)
August 22, 2011 Opinion or Order Filing 161 ORDER Denying Motion For Preliminary Injunction And Temporary Restraining Order (Doc. 156 ), signed by Judge Barry T. Moskowitz on 8/22/2011. (Fahrney, E)
August 12, 2011 Opinion or Order Filing 158 ORDER Requesting Confidential Settlement Statements Re: Case Selection for Prisoner Settlement Program, signed by Judge Barry T. Moskowitz on 8/11/2011. (Marrujo, C)
July 22, 2011 Opinion or Order Filing 150 ORDER signed by Judge Barry T. Moskowitz on 7/22/2011 OVERRULING 147 Objection filed by Gerald L. Miller, Jr. (Lundstrom, T)
July 15, 2011 Opinion or Order Filing 149 ORDER directing perferred Library user status for Plaintiff and setting further telephonic status conference signed by Magistrate Judge William McCurine, Jr on 7/14/2011. ( Status Conference set for 7/28/2011 at 09:00 AM before Judge Barry T. Moskowitz). (Lundstrom, T)
July 13, 2011 Opinion or Order Filing 148 ORDER setting Telephonic Status Conference for 7/14/2011 at 02:30 PM signed by Magistrate Judge William McCurine, Jr on 7/13/2011. (Lundstrom, T)
June 29, 2011 Opinion or Order Filing 146 ORDER Setting Telephonic Status Conference, signed by Magistrate Judge William McCurine, Jr on 6/29/11. Telephonic Status Conference set for 7/12/2011 at 04:15 PM before Magistrate Judge William McCurine Jr. (Verduzco, M)
June 27, 2011 Opinion or Order Filing 145 ORDER RE: Personal Mail and Legal Books 140 , signed by Magistrate Judge William McCurine, Jr. on 6/27/11: The Court ORDERS the Litigation Coordinator at Calipatria State Prison: (1) to assist Plaintiff pro se in locating all legal mail and (2 ) to report to the Court on the location of Plaintiff's legal mail and Plaintiff's mail status during the June 29, 2011 teleconference; Defense counsel is ORDERED to coordinate Plaintiff's appearance by phone and then contact the Court on the day and at the time listed at (619) 557-6624. (Hellings, J)
June 22, 2011 Opinion or Order Filing 143 ORDER: (1) DENYING Request for Materials and Library Time Without Prejudice; and (2) Setting Telephonic Status Conference 137 , signed by Magistrate Judge William McCurine, Jr on 6/21/11: Telephonic Status Conference set for June 29, 2011 at 11:30 a.m. Defense counsel is ORDERED to coordinate Plaintiff's appearance by phone and then contact the Court on the day and at the time listed at (619) 557-6624. (Hellings, J)
June 15, 2011 Opinion or Order Filing 142 ORDER Denying Without Prejudice Motion To Suppress, signed by Judge Barry T. Moskowitz on 6/15/2011. (Fahrney, E)
May 9, 2011 Opinion or Order Filing 138 ORDER DENYING 134 Request for Court Appointment of Expert Witness signed by Judge Barry T. Moskowitz on 5/9/2011. (Sant Agata, S)
April 4, 2011 Opinion or Order Filing 129 ORDER re Objections to Magistrate Judge's Denial of Motion to Compel Discovery 106 , 120 , signed by Judge Barry T. Moskowitz on 4/4/11. (Gonzalez, R)
March 22, 2011 Opinion or Order Filing 127 ORDER DENYING 108 Plaintiff's Motion for Declaratory Relief signed by Magistrate Judge William McCurine, Jr on 3/22/2011. (Jessen, A)
March 21, 2011 Opinion or Order Filing 126 ORDER setting telephonic status conference signed by Judge Barry T. Moskowitz on 3/21/2011. (Telephonic Status Conference set for 4/19/2011 at 10:00 AM in Chambers before Judge Barry T. Moskowitz).(Lundstrom, T)
March 17, 2011 Opinion or Order Filing 123 ORDER signed by Judge Barry T. Moskowitz on 3/16/2011 granting 101 MOTION for SUMMARY JUDGMENT by J. Akanno. Defendant J. Akanno dismissed from action.(Lundstrom, T)
March 15, 2011 Opinion or Order Filing 122 ORDER signed by Judge Barry T. Moskowitz on 3/14/2011 denying 65 Motion for Summary Judgment by O. Rufino; granting 101 Motion for Summary Judgment by G Moonga and ordering caption correction. (Lundstrom, T)
January 7, 2011 Opinion or Order Filing 121 ORDER signed by Magistrate Judge William McCurine, Jr on 1/6/2011 denying 117 MOTION for Ten Hours of Pre-Paid Phone Calls. (Lundstrom, T)
January 5, 2011 Opinion or Order Filing 119 ORDER signed by Magistrate Judge William McCurine, Jr. on 1/5/2011 regarding 115 Motion request for Status Report. (Lundstrom, T)
December 27, 2010 Opinion or Order Filing 116 ORDER continuing Pretrial Conference and Related Dates signed by Judge Barry T. Moskowitz on 12/23/2010. (Lundstrom, T)
November 1, 2010 Opinion or Order Filing 107 ORDER Denying Plaintiff's Ex Parte Motion for Subpoena 97 , signed by Magistrate Judge William McCurine, Jr on 10/29/2010. (Verduzco, M)
October 28, 2010 Opinion or Order Filing 105 ORDER SETTING BRIEFING SCHEDULE re 101 MOTION for SUMMARY JUDGMENT and Providing Plaintiff Klingele/Rand Notice, signed by Judge Barry T. Moskowitz on 10/27/2010. Plaintiff may serve and file an Opposition to the Motion for Summary Judgment no later than 11/29/2010. Defendants may serve a Reply to the Opposition no later than 12/13/2010. (Jessen, A)
October 25, 2010 Opinion or Order Filing 103 ORDER DENYING 95 Plaintiff's Motion for Court Appointed Investigator signed by Magistrate Judge William McCurine, Jr on 10/22/2010. (Jessen, A)
October 19, 2010 Opinion or Order Filing 100 ORDER DENYING 98 Plaintiff's Motion to Compel signed by Magistrate Judge William McCurine, Jr on 10/18/2010. (Jessen, A)
August 26, 2010 Opinion or Order Filing 94 ORDER SETTING STATUS CONFERENCE signed by Magistrate Judge William McCurine, Jr on 08/26/2010. Status Conference set for 9/13/2010 at 09:00 AM. (Flores, E)
July 22, 2010 Opinion or Order Filing 83 ORDER signed by Judge Barry T. Moskowitz on 7/21/2010 setting Status Conference re 79 Request and denying 80 Motion to Stay. (Telephonic Status Conference set for 8/5/2010 at 03:30 PM in Visiting Judge (TBD) before Judge Barry T. Moskowitz). (Lundstrom, T)
June 22, 2010 Opinion or Order Filing 75 ORDER DENYING 71 Motion to Stay; ORDERED that Miller's Opposition deadline is extended from July 19, 2010 to August 16, 2010; Defendants' Reply deadline is extended from August 2, 2010 to September 3, 2010; No further extensions of time associated with Defendants' Motion For Summary Judgment will be granted absent a showing of extraordinary good cause, signed by Judge Barry T. Moskowitz on 06/21/2010. (Martin, S)
June 14, 2010 Opinion or Order Filing 73 ORDER Denying: (1) Plaintiff's Motion For Additional Costs And Fees; And (2)Plaintiff's Motion For Reconsideration (Doc. Nos. 69 and 70 ), signed by Magistrate Judge William McCurine, Jr on 6/14/2010. (Scrivner, E)
June 7, 2010 Opinion or Order Filing 67 ORDER SETTING Briefing Schedule re 65 Motion for Summary Judgment; and ORDER PROVIDING Plaintiff Klingele/Rand Notice signed by Judge Barry T. Moskowitz on 6/7/2010. Opposition to Defendants' Motion For Summary Judgment due by 7/19/2010; Reply to Opposition due by 8/2/2010.(Bradley, A)
May 21, 2010 Opinion or Order Filing 63 ORDER Granting In Part Defendants' Motion For Reconsideration (Doc. No. 60 ), signed by Magistrate Judge William McCurine, Jr on 5/20/2010. Defendants' Motion for Reconsideration is GRANTED IN PART. Accordingly, the Court orders Plaintiff: (1) to retain a court reporter or other person sanctioned to take any depositions pursuant to Federal Rule of Civil Procedure 28(a); and (2) to conduct any deposition in accordance with Federal Rule of Civil Procedure 31. Defendants' objection to Plaintiff's subpoena request is DENIED. (Scrivner, E)
May 10, 2010 Opinion or Order Filing 54 ORDER GRANTING 38 Plaintiff's Motion for Leave to Take Depositions of G. Moonga and O. Rufion; and ORDER GRANTING 39 Plaintiff's Motion for Service of Records Subpoena signed by Magistrate Judge William McCurine, Jr. on 5/10/2010. Th e Clerk of Court shall forward to Plaintiff a subpoena duces tecum form, USM-285 form, and a copy of this order. Upon receipt of these forms, the U.S. Marshal is directed to promptly effect service of the Plaintiff's subpoena duces tecum. (Jessen, A)
April 13, 2010 Opinion or Order Filing 52 ORDER CONTINUING Telephonic Mandatory Settlement Conference, signed by Magistrate Judge William McCurine, Jr on 4/13/2010. Telephonic Mandatory Settlement Conference RESET for 4/28/2010 at 09:30 AM before Magistrate Judge William McCurine Jr. (Jessen, A)
April 9, 2010 Opinion or Order Filing 51 ORDER Granting Plaintiff's Motion To Withdraw Motion To Change Pleadings In Second Amended Complaint (Doc. Nos. 42 , 50 ), signed by Judge Barry T. Moskowitz on 4/8/2010. (Scrivner, E)
March 26, 2010 Opinion or Order Filing 48 ORDER CONTINUING Telephonic Mandatory Settlement Conference, signed by Magistrate Judge William McCurine, Jr on 3/26/2010. Telephonic Mandatory Settlement Conference RESET for 4/19/2010 at 09:00 AM before Magistrate Judge William McCurine Jr. (Jessen, A)
February 24, 2010 Opinion or Order Filing 44 ORDER RE: Response to 42 Motion for Leave to Amend Complaint, signed by Judge Barry T. Moskowitz on 2/24/2010. Defendants may file a response to Plaintiff's motion on or before 3/11/2010. (Jessen, A)
December 2, 2009 Opinion or Order Filing 33 ORDER Re: Various Motions 30 31 32 signed by Judge Barry T. Moskowitz on 12/1/2009. (Figueroa, O)
October 20, 2009 Opinion or Order Filing 29 ORDER Re: Request For Subpoenas (Doc. 28 ), signed by Judge Barry T. Moskowitz on 10/20/2009. (Scrivner, E)
September 8, 2009 Opinion or Order Filing 27 ORDER Granting 25 MOTION for Schedule to Conduct Discovery; and Setting Forth Scheduling Deadlines signed by Judge Barry T. Moskowitz on 09/04/2009. Telephonic Settlement Conference set for 4/5/2010 at 09:00 AM before Judge Barry T. Moskowitz; Final Pretrial Conference set for 9/7/2010 at 03:30 PM before Judge Barry T. Moskowitz. (Flores, E)
April 8, 2009 Opinion or Order Filing 23 ORDER DENYING Motion for Reconsideration 22 , signed by Judge Barry T. Moskowitz on 4/8/09: Plaintiff may not file any further Motions for Reconsider the Court's February 11, 2009 Order. If he does, the Court may impose sanctions. (Hellings, J)
February 11, 2009 Opinion or Order Filing 19 ORDER DENYING Plaintiff's Motion for Order to Show Cause and for Temporary Restraining Order and Injunctive Relief Without Prejudice 12 , signed by Judge Barry T. Moskowitz on 2/11/09. (Hellings, J)
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Plaintiff: Gerald L. Miller, Jr.
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Defendant: O. Rufion
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Defendant: Moonga
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