Murillo v. Holland et al
Plaintiff: Joaquin Murillo
Defendant: K. Holland, J. Gutierrez and G. Ybarra
Case Number: 1:2015cv00266
Filed: February 20, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Jennifer L. Thurston
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
January 26, 2024 Opinion or Order Filing 151 ORDER signed by Magistrate Judge Deborah Barnes on 1/25/2024 GRANTING 150 Motion for Extension of Time. Defendants shall file any Reply in support of 147 Motion for Summary Judgment by 2/8/2024. (Woodson, A)
October 27, 2023 Opinion or Order Filing 146 ORDER signed by Magistrate Judge Deborah Barnes on 10/26/2023 GRANTING 145 Motion for Extension of Time. Defendants' Motion for Summary Judgment is due by 12/15/2023.(Lopez, K)
October 18, 2023 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Deborah Barnes on 10/17/2023 DENYING 139 Motion for a Settlement Conference.(Lopez, K)
October 4, 2023 Opinion or Order Filing 142 ORDER signed by Magistrate Judge Deborah Barnes on 10/3/2023 ORDERING that, within 10 days of the date of this order, defendants shall file a response to 139 Request for Settlement Conference. If defendants wish to pursue the issues raised in thei r motion to dismiss, they shall file a motion for summary judgment within 30 days of the date of this order. Plaintiff shall file an opposition within 30 days of service of the motion. Defendants shall file any reply within 10 days of plaintiff's filing. (Huang, H)
September 29, 2023 Opinion or Order Filing 141 ORDER signed by Chief District Judge Kimberly J. Mueller on 09/29/23 ADOPTING 113 Findings and Recommendations in full, GRANTING 97 Motion for Summary Judgment as to defendant Ybarra, ADOPTING 138 Findings and Recommendations in full, and DENYING 129 Motion to Dismiss, without prejudice to its renewal as a motion for summary judgment. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings.(Licea Chavez, V)
July 28, 2023 Opinion or Order Filing 138 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/27/2023 VACATING IN PART 113 Findings and Recommendations, with respect to the recommendation that 97 Motion for Summary Judgment be denied as to defendants Ho lland and Gutierrez. The recommendation that 97 Motion for Summary Judgment be granted as to defendant Ybarra is retained and is unchanged. 135 Order requiring additional briefing is VACATED. Further, it is RECOMMENDED that 129 Motion to Dismiss be denied without prejudice to its renewal as a motion for summary judgment. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
July 17, 2023 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Deborah Barnes on 7/17/2023 GRANTING 131 Motion for an Extension of Time. 132 Opposition is properly filed. 131 Motion to Appoint Counsel is DENIED. (Huang, H)
March 28, 2022 Opinion or Order Filing 130 ORDER signed by Magistrate Judge Deborah Barnes on 3/28/22 ORDERING that within 30 days of the filed date of this order, plaintiff shall file an opposition or statement of non-opposition to defendants' motions to lift the stay and to dismiss.(Plummer, M)
November 23, 2021 Opinion or Order Filing 127 ORDER signed by Magistrate Judge Deborah Barnes on 11/23/21 ORDERING that within twenty days of the filed date of this order, defendants shall inform the court of the status of this case and propose a schedule for proceeding. (Kaminski, H)
August 27, 2019 Opinion or Order Filing 125 ORDER ADOPTING 124 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 08/27/19 GRANTING 119 Motion to Stay; all proceedings are STAYED pending the Ninth Circuit's decision on the interlocutory appeal in Rico v. Ducart, et al., No. 19-15541. Defendant is ordered to let the court know within 7 days of the appeal's resolution. (Benson, A.)
June 13, 2019 Opinion or Order Filing 124 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/12/19 DENYING 115 Motion to Appoint Counsel. Also, RECOMMENDING that defendants motion to stay these proceedings 119 be granted. Motion to Stay 119 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 8, 2019 Opinion or Order Filing 113 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/8/2019 STRIKING plaintiff's 109 sur-reply, and RECOMMENDING the 97 motion for summary judgment be granted as to Ybarra and denied as to defendants Holland and Gutierrez. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
September 18, 2018 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Deborah Barnes on 09/17/18 DENYING 99 , 100 , 101 , 102 , 103 motion to conduct depositions by written questions. (Plummer, M)
August 14, 2018 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Deborah Barnes on 8/13/2018 GRANTING 105 Motion for Extension of Time. Defendants to file their reply memorandum to 97 Motion for Summary Judgment by 8/17/2018. (Henshaw, R)
June 1, 2018 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Deborah Barnes on 05/31/18 GRANTING IN PART AND DENYING IN PART 87 plaintiff's Motion to Compel. (See order for further details.) (Plummer, M)
February 27, 2018 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2018 DENYING without prejudice 75 and 76 Motions to Compel; GRANTING 78 Motion to Modify the Discovery and Scheduling Order; and DENYING Plaintiff's requests for the appointment of c ounsel. Within 30 days of the date of this order, Plaintiff may file a renewed motion to compel defendants to respond to discovery. Discovery is extended through 3/31/2018. Dispositive Pre-trial Motions deadline is extended through 5/31/2018. (Henshaw, R)
December 18, 2017 Opinion or Order Filing 74 ORDER ADOPTING FINDINGS AND RECOMMENDATION in FULL and DENYING Plaintiff's Motions for Injunctive Relief 63 , 67 , 73 , signed by Chief Judge Lawrence J. O'Neill on 12/18/2017. (Hellings, J)
November 16, 2017 Opinion or Order Filing 73 FINDINGS and RECOMMENDATIONS that Plaintiff's 63 67 Motions for Preliminary Injunctive Relief be Denied and ORDER REQUESTING Assistance of Litigation Coordinator; 21-Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 11/16/2017. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 12/11/2017. (Sant Agata, S)
July 17, 2017 Opinion or Order Filing 65 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 22, 2017 Opinion or Order Filing 60 ORDER Denying 59 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 06/22/2017. (Flores, E)
June 1, 2017 Opinion or Order Filing 58 ORDER ADOPTING FINDINGS AND RECOMMENDATION on Defendants' Motion to Dismiss 53 , 57 , signed by Chief Judge Lawrence J. O'Neill on 6/1/17: Defendants' Motion to Dismiss is GRANTED IN PART AND DENIED IN PART; 21-Day Deadline. (Hellings, J)
April 27, 2017 Opinion or Order Filing 57 FINDINGS and RECOMMENDATIONS Regarding 53 Defendants' Motion to Dismiss re 52 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Jennifer L. Thurston on 4/27/2017. Referred to Judge O'Neill. Objections to F&R due within twenty-one (21) days. (Jessen, A)
December 19, 2016 Opinion or Order Filing 51 ORDER Adopting 46 FINDINGS AND RECOMMENDATIONS to GRANT IN PART Defendants' 27 Motion to Dismiss; GRANTING Plaintiff's 48 Motion to Amend; and ORDERING FILING of Plaintiff's Lodged Complaint signed by Chief Judge Lawrence J. O'Neill on 12/19/2016. (Sant Agata, S)
September 12, 2016 Opinion or Order Filing 46 FINDINGS and RECOMMENDATIONS recommending that 27 Defendants' Motion to Dismiss be GRANTED IN PART AND DENIED IN PART re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Barry M. Kurren on 9/12/2016. Referred to Judge O'Neill. Objections to F&R due within fourteen (14) days. (Jessen, A)
July 1, 2015 Opinion or Order Filing 22 ORDER Disregarding Plaintiff's Motion for Court Order and Notice re Copies for Submission Documents 20 , signed by Magistrate Judge Jennifer L. Thurston on 7/1/15. (Gonzalez, R)
February 24, 2015 Opinion or Order Filing 5 ORDER Denying 3 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 2/24/15. (Verduzco, M)
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Plaintiff: Joaquin Murillo
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Defendant: K. Holland
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Defendant: J. Gutierrez
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Defendant: G. Ybarra
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