Matthews v. Holland
Plaintiff: Ivan Lee Matthews
Defendant: Kim Holland
Case Number: 1:2014cv01959
Filed: December 10, 2014
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Sheila K. Oberto
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
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Date Filed Document Text
September 29, 2023 Opinion or Order Filing 95 ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2023 DENYING 94 Motion for Relief from Judgment. (Mena-Sanchez, L)
July 26, 2023 Opinion or Order Filing 93 ORDER signed by Chief District Judge Kimberly J. Mueller on 7/25/2023 DENYING 91 Motion to alter or amend the judgment. The first sentence of paragraph 1 of the court's 10/5/2023 89 order is AMENDED nunc pro tunc to 10/5/2021 by replacing the first sentence with the following two sentences: Plaintiff's unopposed motion to reopen in Matthews v. Holland, Case No. 1:14- cv-1959 KJM DB, ECF No. 86; and the unopposed motions to lift the stays and dismiss the cases of Rico v. Beard e t al., Case No. 2:17-cv-1402 (E.D. Cal.), ECF No. 125; Wilson v. Beard et al., Case No. 1:15-cv-01424 (E.D. Cal.), ECF No. 45; and Suarez v. Beard, et al., Case No. 2:18-cv-00340 (E.D. Cal.), ECF No. 114, are GRANTED. All four cases are DISMISSED on the grounds of qualified immunity. (Mena-Sanchez, L)
October 5, 2021 Opinion or Order Filing 89 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/4/2021 GRANTING 86 Motion to Lift Stay and Dismiss Case on the grounds of qualified immunity. CASE CLOSED. (Coll, A)
March 31, 2021 Opinion or Order Filing 85 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 STAYING CASE pending resolution of the motion for rehearing en banc in Rico v. Ducart, No. 19-15541 and DIRECTING the Clerk to administratively close this case. Either party may file a motion to reopen, dismiss, or extend the stay of this action within 30 days of the resolution of motion for rehearing en banc. This action will remain stayed unless a timely motion is filed in accordance with this order. CASE CLOSED. (Coll, A)
September 30, 2019 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Deborah Barnes on 9/27/2019 DENYING without prejudice to renewal if the District Judge declines to stay these proceedings or when any stay of the proceeding is lifted, 68 Motion for Summary Judgment. (Henshaw, R)
August 29, 2019 Opinion or Order Filing 80 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/28/19 RECOMMENDING that this action be stayed pending the Ninth Circuit's resolution of the interlocutory appeal in Rico v. Beard, No. 2:17-cv-1402 KJM DB P re 21 Amended Prisoner Civil Rights Complaint filed by Ivan Lee Matthews. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
June 13, 2019 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Deborah Barnes on 06/12/19 ORDERING that within twenty days of the date of this order, each party shall file either: (1) a statement that the party finds a stay pending the Rico decision appropriate, or (2) a short memorandum of points and authorities explaining why a stay is not appropriate. (Plummer, M)
February 12, 2019 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Deborah Barnes on 2/11/19 DENYING 64 Motion to Appoint Counsel. (Plummer, M)
November 28, 2018 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Deborah Barnes on 11/27/2018 GRANTING 66 Motion for Extension of Time. Any dispositive motions shall be filed on or before 1/18/2019. (Huang, H)
September 26, 2018 Opinion or Order Filing 65 ORDER signed by District Judge Kimberly J. Mueller on 9/26/18 ADOPTING 63 FINDINGS AND RECOMMENDATIONS and DENYING 46 Motion for Judgment on the pleadings. (Kaminski, H)
July 31, 2018 Opinion or Order Filing 63 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/30/18 RECOMMENDING that defendant's motion for judgment on the pleadings 46 be denied. MOTION 46 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 8, 2018 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Deborah Barnes on 3/08/18 ORDERING the Amended Discovery and Scheduling Order 48 is reinstated. The deadlines completion of all discovery, including filing motions to compel, is June 26, 2018. The deadline for fili ng pre-trial dispositive motions is continued to September 5, 2018. All other requirements of the original Discovery and Scheduling Order filed April 26, 2017 remain in effect. The court construes plaintiffs response to the order to show cause 54 a s also being a motion for an extension of time to file an opposition to defendants motion for judgment on the pleadings. The court finds good cause for the extension of time and accepts plaintiffs February 1, 2018 filings in opposition to defendants motion.(Plummer, M)
January 18, 2018 Opinion or Order Filing 51 ORDER Discharging 49 Order to Show Cause and Granting Plaintiff's First 50 Motion to Extend Time to File an Opposition or Statement of Non-Opposition to Defendants' Motion for Judgment on the Pleadings, signed by Magistrate Judge Sheila K. Oberto on 1/18/18. 21-Day Deadline. (Gonzalez, R)
January 11, 2018 Opinion or Order Filing 49 ORDER to SHOW why the Action Should not be Dismissed for Plaintiff's Failure to Prosecute signed by Magistrate Judge Sheila K. Oberto on 01/10/2018. Twenty-One Day Deadline. (Flores, E)
December 18, 2017 Opinion or Order Filing 48 AMENDED DISCOVERY AND SCHEDULING ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/18/2017.( Discovery due by 6/26/2018 and Dispositive Motions filed by 9/5/2018) (Martin-Gill, S)
October 12, 2017 Opinion or Order Filing 45 ORDER Denying 44 Motion to Appoint Counsel, signed by Magistrate Judge Sheila K. Oberto on 10/11/17. (Gonzalez, R)
July 17, 2017 Opinion or Order Filing 43 ORDER signed by District Judge Kimberly J. Mueller on 7/14/17, ORDERING that within 14 days from the date of this order the parties in the above captioned case are directed to file and serve any response they may have to the Notice of Related Cases f iled in this action on 7/11/2017. The Clerk is directed to filed a copy of this order in Case No. 1:14-cv-1959 DAD SKO P; Case No. 1:15-cv-0266 JLT P; and Case No. 2:17- cv-1402 CKD and serve it on the parties in said cases. Within 14 days from the date of this order any party to a case listed in paragraph two of this order may, but is not required, to respond to the Notice of Related Cases. (Kastilahn, A)
June 16, 2017 Opinion or Order Filing 40 ORDER DENYING Plaintiff's Request to Schedule a Settlement Conference without Prejudice signed by Magistrate Judge Sheila K. Oberto on 6/16/2017. (Sant Agata, S)
May 22, 2017 Opinion or Order Filing 35 ORDER STRIKING Plaintiff's 34 Unsigned Motion for Court Reply, signed by Magistrate Judge Sheila K. Oberto on 5/19/17. (Marrujo, C)
May 3, 2017 Opinion or Order Filing 32 ORDER Denying Plaintiff's 30 Request for Entry of Default, signed by Magistrate Judge Sheila K. Oberto on 5/2/17. (Gonzalez, R)
March 23, 2017 Opinion or Order Filing 26 ORDER denying 22 Motion to Dismiss and advising Defendant to file an answer to 21 First Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Sheila K. Oberto on 3/22/2017. (Answer due within 30-Days). (Lundstrom, T)
August 4, 2016 Opinion or Order Filing 23 SECOND INFORMATIONAL ORDER, Notice and Warning of Requirements for Opposing Defendants' 22 Motion to Dismiss signed by Magistrate Judge Sheila K. Oberto on 08/03/2016. (Flores, E)
June 6, 2016 Opinion or Order Filing 20 ORDER that Defendant's Motion to Dismiss the Complaint be Granted without Prejudice; ORDER that Plaintiff File an Amended Complaint within 30 Days of Service of this Order signed by Magistrate Judge Sheila K. Oberto on 06/05/2016. (Flores, E)
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Plaintiff: Ivan Lee Matthews
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Defendant: Kim Holland
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