Mitchell v. DaViga, et al.
Plaintiff: Corey Mitchell
Defendant: B DaViga, S Tallerica, D. Tarnoff, Chavez, Sheldon, P. Morales, E Blanko, Chief Deputy Warden, Complex 1, R Davis and D. Foston
Case Number: 1:2013cv01324
Filed: August 21, 2013
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Lassen
Presiding Judge: Gary S. Austin
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
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
June 29, 2018 Opinion or Order Filing 211 ORDER GRANTING 194 Motion for Attorney's Fees; Defendants are directed to pay $99, 862.40 in attorneys' fees to plaintiff's counsel; The court will retain jurisdiction over the case to enforce the parties settlement agreement; The Clerk of the Court is directed to close the case, signed by District Judge Dale A. Drozd on 06/29/18. CASE CLOSED (Martin-Gill, S)
February 2, 2018 Opinion or Order Filing 203 ORDER to Facilitate Telephone Call, signed by Magistrate Judge Erica P. Grosjean on 2/1/18. (Order served on Warden and Litigation Coordinator at CCI). (Marrujo, C)
January 16, 2018 Opinion or Order Filing 202 ORDER ADOPTING STIPULATION AND CONTINUING DATES, signed by District Judge Dale A. Drozd on 01/12/18. (Replies due by 2/27/2018. Responses due by 2/16/2018, Motion Hearing set for 3/6/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd)(Martin-Gill, S)
December 21, 2017 Opinion or Order Filing 189 ORDER Directing Plaintiff to File Motion for Attorneys' Fees and Setting Briefing Schedule, signed by District Judge Dale A. Drozd on 12/20/2017: Motion due by 1/9/2018, Response due by 1/23/2018, Reply due by 1/30/2018 .(Hellings, J)
November 28, 2017 Opinion or Order Filing 179 ORDER REJECTING Parties' Stipulation and REQUIRING Filing of Status Reports signed by District Judge Dale A. Drozd on 11/27/2017. (Sant Agata, S)
November 14, 2017 Opinion or Order Filing 178 ORDER DIRECTING Warden to Facilitate Telephone Call signed by District Judge Dale A. Drozd on 11/13/2017. (Sant Agata, S)
August 23, 2017 Opinion or Order Filing 171 ORDER and Receipt for Trial Exhibits, signed by District Judge Dale A. Drozd on 8/23/2017. (Defense Counsel shall retain possession and keep safe all exhibits received into evidence until final judgment and all appeals are exhausted or until time for filing an appeal has passed.)(Gaumnitz, R)
August 22, 2017 Opinion or Order Filing 163 AMENDED ORDER REQUIRING Production of Plaintiff for Trial on August 23, 2017 at 9:30 a.m. signed by District Judge Dale A. Drozd on 8/22/2017. (Sant Agata, S)
August 18, 2017 Opinion or Order Filing 157 ORDER REQUIRING Production of Plaintiff for Trial on August 23, 2017, at 1:00 p.m., signed by District Judge Dale A. Drozd on 8/18/2017. (Gaumnitz, R)
August 15, 2017 Opinion or Order Filing 151 ORDER REQUIRING Production of Plaintiff for Trial on August 16, 2017, at 8:30 a.m. signed by District Judge Dale A. Drozd on 8/15/2017. (Sant Agata, S)
August 4, 2017 Opinion or Order Filing 148 AMENDED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Corey Mitchell, CDC#F-23331 on August 15, 2017 at 9:00 a.m. signed by Magistrate Judge Erica P. Grosjean on 8/4/2017. (Sant Agata, S)
June 30, 2017 Opinion or Order Filing 147 ORDER signed by Magistrate Judge Erica P. Grosjean on 6/29/2017 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Justin L. Thomas is GRANTED. (Crouch, J)
June 16, 2017 Opinion or Order Filing 145 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT Corey Mitchell, CDC# F-23331, and his legal property on August 15, 2017 at 1:00 P.M., Fresno, CA, signed by Magistrate Judge Erica P. Grosjean on 06/16/2017. (Martin-Gill, S)
June 15, 2017 Opinion or Order Filing 140 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT Corey Mitchell, CDC # F-23331, and his legal property on June 27, 2017 at 8:30 a.m., Fresno, CA, signed by Magistrate Judge Erica P. Grosjean on 06/15/2017. (Martin-Gill, S)
June 12, 2017 Opinion or Order Filing 137 ORDER to Facilitate Telephone Call for Corey Mitchell, CDC# F-23331 on Wednesday, June 14, 2017 at 11:00 a.m., signed by District Judge Dale A. Drozd on 06/12/2017. (Martin-Gill, S)
May 12, 2017 Opinion or Order Filing 106 ORDER & WRIT of Habeas Corpus Ad Testificandum to Transport Corey Mitchell, CD# F-23331, and His Legal Property, signed by Magistrate Judge Erica P. Grosjean on 5/9/17. (Marrujo, C)
May 11, 2017 Opinion or Order Filing 105 ORDER TERMINATING 94 95 Requests for Attendance of Incarcerated Inmates as Unwilling Witnesses at Trial, signed by District Judge Dale A. Drozd on 5/10/17. (Marrujo, C)
February 21, 2017 Opinion or Order Filing 93 ORDER GRANTING IN PART and DENYING IN PART Plaintiff's 90 Motion to Reopen Discovery; ORDER WITHDRAWING Plaintiff's 77 78 79 Motions; ORDER SCHEDULING Trial Date and Related Deadlines/Hearings signed by Magistrate Judge Erica P. G rosjean on 2/21/2017. Jury Trial set for 6/20/2017 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Telephonic Trial Confirmation Hearing set for 4/17/2017 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Sant Agata, S)
January 23, 2017 Opinion or Order Filing 85 ORDER VACATING Trial Scheduling Order and Setting Status Conference; ORDER DENYING Motions as Moot signed by Magistrate Judge Erica P. Grosjean on 1/23/2017. Status Conference set for 2/6/2017 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Jessen, A)
January 6, 2017 Opinion or Order Filing 75 ORDER ADOPTING 59 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 54 Plaintiff's Motion for an Emergency Restraining Order signed by District Judge Dale A. Drozd on 1/6/2017. (Jessen, A)
January 3, 2017 Opinion or Order Filing 73 ORDER APPOINTING COUNSEL re 72 signed by Magistrate Judge Erica P. Grosjean on 1/3/2017. Attorneys Justin L. Thomas and Micah K. Nilsson are appointed as counsel for Plaintiff. (Jessen, A)
December 14, 2016 Opinion or Order Filing 69 ORDER Granting 67 Motion for Extension of Time, signed by Magistrate Judge Erica P. Grosjean on 12/14/16. Trial Confirmation Hearing set for 2/6/2017 at 02:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gonzalez, R)
December 7, 2016 Opinion or Order Filing 66 ORDER that Inmate Corey Mitchell is no Longer Needed as a Participant in these Proceedings, and the Writ of Habeas Corpus Ad Testificandum is DISCHARGED, signed by Magistrate Judge Jennifer L. Thurston on 12/7/2016. (Hall, S)
November 14, 2016 Opinion or Order Filing 61 ORDER & WRIT of Habeas Corpus Ad Testificandum to Transport Corey Mitchell, CDCR# F-23331, Plaintiff's Witness on December 7, 2016 at 9:30 a.m. at United States Courthouse, 510 19th Street, Bakersfield California, signed by Magistrate Judge Erica P. Grosjean on 11/10/2016. (Martin-Gill, S) (Martin-Gill, S).
November 1, 2016 Opinion or Order Filing 59 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Erica P. Grosjean on 10/31/2016 recommending that 54 MOTION for EMERGENCY RESTRAINING ORDER be denied. Referred to Judge Dale A. Drozd; Objections to F&R due within 20-Days. (Lundstrom, T)
October 28, 2016 Opinion or Order Filing 58 ORDER regarding Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 10/27/2016. (Lundstrom, T)
October 25, 2016 Opinion or Order Filing 57 ORDER denying 48 Motion to enforce court order signed by Magistrate Judge Erica P. Grosjean on 10/24/2016. (Lundstrom, T)
September 19, 2016 Opinion or Order Filing 55 Notice of Telephonic Status Conference before Magistrate Judge Erica P. Grosjean/ORDER,signed by Magistrate Judge Erica P. Grosjean on 09/16/2016. ( Status Conference set for 10/20/2016 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Martin-Gill, S)
September 14, 2016 Opinion or Order Filing 53 ORDER adopting 50 FINDINGS AND RECOMMENDATIONS and denying 37 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 9/13/2016. (Lundstrom, T)
July 19, 2016 Opinion or Order Filing 50 FINDINGS and RECOMMENDATIONS Recommending that Defendant Chavez's 37 Motion for Summary Judgment be Denied; Objections, if any, Due within Twenty Days signed by Magistrate Judge Erica P. Grosjean on 7/18/2016. Referred to Judge Dale A. Drozd. Objections to F&R due by 8/11/2016. (Sant Agata, S)
June 22, 2016 Opinion or Order Filing 47 ORDER REQUIRING Further Production of Documents From Defendant Chavez Following in Camera Review of Withheld Documents, signed by Magistrate Judge Erica P. Grosjean on 6/22/16. (Marrujo, C)
April 19, 2016 Opinion or Order Filing 34 ORDER DENYING 33 Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 4/18/16. (Marrujo, C)
March 21, 2016 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Erica P. Grosjean on 3/21/2016. NOTICE of Telephonic Status Conference set for 5/17/2016 at 2:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Lundstrom, T)
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Plaintiff: Corey Mitchell
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Defendant: B DaViga
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Defendant: S Tallerica
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Defendant: D. Tarnoff
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Defendant: Chavez
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Defendant: Sheldon
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Defendant: P. Morales
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Defendant: E Blanko
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Defendant: Chief Deputy Warden, Complex 1
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Defendant: R Davis
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Defendant: D. Foston
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