Millner v. Biter
Plaintiff: James W. Millner
Defendant: Martin Biter and Fred Foulk
Case Number: 1:2013cv02029
Filed: December 12, 2013
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Stanley A. Boone
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
February 24, 2017 Opinion or Order Filing 146 FINDINGS and RECOMMENDATIONS Following Evidentiary Hearing Recommending Dismissal of Action 30 Without Prejudice, for Failure to Exhaust the Administrative Remedies, signed by Magistrate Judge Stanley A. Boone on 2/23/17. Objections to F&R Due Within Thirty Days. (Marrujo, C)
September 1, 2016 Opinion or Order Filing 144 ORDER Granting Plaintiff's 143 Motion for Production of Documents signed by Magistrate Judge Stanley A. Boone on 08/31/2016. (Flores, E)
July 15, 2016 Opinion or Order Filing 140 ORDER GRANTING Defendants' Request to File Supplemental Briefing 139 , signed by Magistrate Judge Stanley A. Boone on 7/15/16: 14-Day Deadline. (Hellings, J)
May 9, 2016 Opinion or Order Filing 135 ORDER Granting Defendant Dileo's Motion to Join in Defendants' Motion for Summary Judgment and Evidentiary Hearing, and Relieving Defendant Dileo of Obligation to File a Response Until After Issue of Exhaustion is Resolved, signed by Magistrate Judge Stanley A. Boone on 5/6/16. (Verduzco, M)
May 2, 2016 Opinion or Order Filing 132 ORDER terminating as moot 125 Motion for copies of exhibit and 129 Request to modify the Exhibit List signed by Magistrate Judge Stanley A. Boone on 5/2/2016. (Lundstrom, T)
April 29, 2016 Opinion or Order Filing 130 ORDER VACATING Writ of Habeas Corpus Ad Testificandum Directing the Production of James Millner signed by Magistrate Judge Stanley A. Boone on 4/28/2016. (Sant Agata, S)
April 22, 2016 Opinion or Order Filing 128 ORDER GRANTING Parties' Stipulation to Joint Exhibit A for use at Evidentiary Hearing on April 28, 2016 signed by Magistrate Judge Stanley A. Boone on 4/21/2016. (Sant Agata, S)
March 30, 2016 Opinion or Order Filing 121 ORDER & WRIT Of Habeas Corpus Ad Testificandum To Transport Inmate James W. Millner, CDCR#F-83475, Date: April 28, 2016, Time: 9:00 a.m., Courtroom: 9(SAB), signed by Magistrate Judge Stanley A. Boone on 3/30/2016. (Fahrney, E)
March 9, 2016 Opinion or Order Filing 116 ORDER ADOPTING 108 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 89 Defendants' Motion to Strike Plaintiff's Sur-Reply; ORDER DENYING 70 Defendants' Motion for Summary Judgment; ORDER DENYING 73 Plaintiff's Cross-Motion for Summary Judgment; and ORDER DENYING 110 Plaintiff's Motion to Stay the Findings and Recommendations signed by District Judge Anthony W. Ishii on 3/8/2016. (Jessen, A)
January 11, 2016 Opinion or Order Filing 108 FINDINGS and RECOMMENDATIONS Recommending that Defendants' 89 Motion to Strike Plaintiff's Surreply be Granted and Defendants' 70 Motion for Summary Judgment be Denied, Subject to Evidentiary Hearing signed by Magistrate Judge Stanley A. Boone on 1/11/2016. Referred to Judge Anthony W. Ishii. Objections to F&R due by 2/16/2016. (Sant Agata, S)
December 28, 2015 Opinion or Order Filing 106 ORDER Denying 105 Motion to Stay, signed by Magistrate Judge Stanley A. Boone on 12/28/15. (Gonzalez, R)
December 17, 2015 Opinion or Order Filing 104 ORDER denying 103 Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 12/17/2015. (Lundstrom, T)
October 13, 2015 Opinion or Order Filing 100 ORDER GRANTING Defendants' Motion to Modify the Discovery and Scheduling Order and VACATING All Deadlines Set Forth in the Court's May 5, 2015 Order 99 , signed by Magistrate Judge Stanley A. Boone on 10/13/15. (Hellings, J)
September 16, 2015 Opinion or Order Filing 95 ORDER GRANTING Plaintiff's 92 93 Motions for Leave to File a Supplement to Opposition to Defendants' Motion for Summary Judgment Nunc Pro Tunc signed by Magistrate Judge Stanley A. Boone on 9/15/2015. (Sant Agata, S)
August 27, 2015 Opinion or Order Filing 91 ORDER DENYING Plaintiff's Motion to Compel as Moot 79 , signed by Magistrate Judge Stanley A. Boone on 8/27/15. (Hellings, J)
August 6, 2015 Opinion or Order Filing 87 ORDER GRANTING 78 Motion for Reconsideration, Amending Screening Order Issued October 7, 2014, and DIRECTING Clerk of Court to Issue Summons for Defendant Dr. Dileo, signed by Magistrate Judge Stanley A. Boone on 8/6/15. (Martin-Gill, S)
July 22, 2015 Opinion or Order Filing 82 ORDER Extending Discovery and Scheduling Order Issued May 5, 2015, to Defendant Pelayo signed by Magistrate Judge Stanley A. Boone on 7/22/2015. (Jessen, A)
July 9, 2015 Opinion or Order Filing 72 ORDER GRANTING 71 Motion to Stay Discovery Pending Motion for Summary Judgment Relating to Exhaustion of Administrative Remedies, signed by Magistrate Judge Stanley A. Boone on 07/09/2015. (Martin-Gill, S)
June 16, 2015 Opinion or Order Filing 67 ORDER DENYING, Without Prejudice, Plaintiff's 66 Motion for Subpoenas signed by Magistrate Judge Stanley A. Boone on 6/15/2015. (Sant Agata, S)
June 10, 2015 Opinion or Order Filing 65 ORDER Granting Plaintiff's Request To Extend Time To Serve Defendant Pelayo (ECF No. 64 ), signed by Magistrate Judge Stanley A. Boone on 6/9/2015. (Fahrney, E)
May 12, 2015 Opinion or Order Filing 60 ORDER PROVIDING Plaintiff Additional Time to Serve Defendant Pelago re 55 , 56 signed by Magistrate Judge Stanley A. Boone on 5/12/2015. Plaintiff is granted an additional thirty (30) days to serve Defendant Pelago. (Jessen, A)
April 2, 2015 Opinion or Order Filing 46 ORDER DENYING 45 Motion Extension of Time to Serve Summons, AS MOOT, signed by Magistrate Judge Stanley A. Boone on 04/01/2015. (Martin-Gill, S)
October 24, 2014 Opinion or Order Filing 41 ORDER AMENDING October 7, 2014, Order Finding Certian Claims Cognizable and DIRECTING Plaintiff to Serve Complaint on Certain Defendants signed by Magistrate Judge Stanley A. Boone on 10/23/2014. (Sant Agata, S)
September 16, 2014 Opinion or Order Filing 32 ORDER DENYING Plaintiff's Third 31 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 09/15/14. (Martin-Gill, S)
August 13, 2014 Opinion or Order Filing 29 ORDER VACATING 19 Order Granting Plaintiff In Forma Pauperis Status and DIRECTING Clerk of Court to Serve a Copy of Order on Director of California Department of Corrections, signed by Magistrate Judge Stanley A. Boone on 8/13/14. (Copy of this order served electronicly to CDC)(Martin-Gill, S)
June 27, 2014 Opinion or Order Filing 27 ORDER Denying Plaintiff's Amended Motion For Appointment Of Counsel (ECF No. 26 ), signed by Magistrate Judge Stanley A. Boone on 6/27/2014. (Fahrney, E)
June 13, 2014 Opinion or Order Filing 25 ORDER Denying 21 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 06/13/14. (Gonzalez, R)
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Plaintiff: James W. Millner
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Defendant: Martin Biter
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Defendant: Fred Foulk
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