Sanders v. Matthew et al

Plaintiff: Phillip Sanders
Defendant: Matthew, Sturgeon, Sabrina Ashjian, John Shinaver, Stacy Phillips, John Gatschet, Keyana Davis, R. Arreola and Kate Dashiel
Case Number: 1:2015cv00395
Filed: March 12, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: UnassignedDJ
Presiding Judge: Gary S. Austin
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 28:1983
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
March 26, 2018 Opinion or Order Filing 66 FINDINGS and RECOMMENDATIONS recommending that Defendants' motion to compel and for sanctions, (ECF No. 55 ), be granted to the extent that this action should be dismissed for Plaintiff's failure to provide initial disclosures and failure to comply with court orders. See Fed. R. Civ. 16(f); Fed. R. Civ. P. 37(c)(1)(C), (b)(2)(A)(v); Fed. R. Civ. P. 41(b); L.R. 110. These findings and recommendations are submitted to Chief United States District Judge Lawrence J. O'Neill, pursuan t to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after being served with these findings and recommendations, any party may file written objections with the court. Order signed by Magistrate Judge Erica P. Grosjean on 3/26/2018. (Rooney, M)
October 20, 2017 Opinion or Order Filing 53 ORDER denying plaintiff's motion for court appointed witness written deposition, document 48 . Order signed by Magistrate Judge Erica P. Grosjean on 10/20/2017. (Rooney, M)
August 1, 2017 Opinion or Order Filing 45 ORDER GRANTING Motion to Continue Scheduling Conference and DENYING Request to set the Scheduling Conference before Judge O'Neill, document 44 . The Initial Scheduling Conference currently set for 8/8/2017 will now be held on 8/22/2017 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 8/1/2017. (Rooney, M)
June 21, 2017 Opinion or Order Filing 41 MEMORANDUM DECISION and ORDER Denying 40 Second Suggestion of Recusal signed by Chief Judge Lawrence J. O'Neill on 06/21/2017. (Flores, E)
June 8, 2017 Opinion or Order Filing 38 MEMORANDUM DECISION and ORDER Denying 37 Motion for Disqualification/Recusal signed by Chief Judge Lawrence J. O'Neill on 06/08/2017. (Flores, E)
March 13, 2017 Opinion or Order Filing 28 ORDER DIRECTING Service by the United States Marshal Service without Prepayment of Costs on Defendants: Matthew, Fresno Police Officer and Sturgeon, Fresno Police Officer, signed by Magistrate Judge Erica P. Grosjean on 03/10/2017.(Case Management Deadline: 3/27/2017) (Martin-Gill, S)
January 13, 2017 Opinion or Order Filing 25 ORDER ADOPTING 24 FINDINGS AND RECOMMENDATIONS Recommending that this Action Proceed only Against Defendants Matthew and Strugeon on Plaintiff's Unlawful Arrest and Excessive Force Claims and that all Other Claims and Defendants be Dismissed signed by Chief Judge Lawrence J. O'Neill on 01/12/2017. (Flores, E)
December 12, 2016 Opinion or Order Filing 24 FINDINGS and RECOMMENDATIONS recommending that 1) This action proceed under 42 U.S.C. § 1983 only on Plaintiff's unlawful arrest (claims 4-5) and excessive force claims (claims 2 and 6) against defendants Matthew and Sturgeon; and 2) All re maining claims and defendants be dismissed from this action as follows: a) Claim 1 for conspiracy to commit malicious prosecution under 42 U.S.C. § 1983 against Matthew and Sturgeon DISMISSED with prejudice; b) Claim 3 for malicious prosecution under 42 U.S.C. § 1983 against Matthew and Sturgeon DISMISSED with prejudice; c) Claims 7 and 11 for ineffective assistance of counsel under 42 U.S.C. § 1983 against Sabrina Ashjian and Gary Shinaver DISMISSED with prejudice; d) Claims 8 an d 10 for deprivation of due process under 42 U.S.C. § 1983 against Ashjian and Shinaver DISMISSED with prejudice; and e) Claim 9 for legal malpractice under state law against Ashjian and Shinaver DISMISSED without prejudice. These findings and recommendations are referred to Judge Lawrence J. O'Neill, with objections due within twenty days of service of this order. Order signed by Magistrate Judge Erica P. Grosjean on 12/12/2016. (Rooney, M)
June 23, 2016 Opinion or Order Filing 21 Order dismissing 17 First Amended Complaint with leave to amend, signed by Magistrate Judge Erica P. Grosjean on 6/23/2016. Amended Complaint due by 8/1/2016. (Rosales, O)
March 9, 2016 Opinion or Order Filing 18 MEMORANDUM DECISION and ORDER RE Plaintiff's 11 Motion for Reconsideration signed by District Judge Lawrence J. O'Neill on 03/09/2016. (Flores, E)
January 22, 2016 Opinion or Order Filing 8 ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND signed by Magistrate Judge Erica P. Grosjean on 1/21/2016. Amended Complaint due by 3/4/2016. In light of the dismissal of Plaintiff's complaint, Plaintiff's 5 , 7 Motions for the Issuance of Summonses are also DENIED. (Martinez, A)
March 19, 2015 Opinion or Order Filing 4 FIRST INFORMATIONAL ORDER signed by Magistrate Judge Gary S. Austin on 3/19/2015. (Martinez, A)
March 17, 2015 Opinion or Order Filing 3 ORDER Granting 2 IFP signed by Magistrate Judge Gary S. Austin on 3/17/2015. (Martinez, A)

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Plaintiff: Phillip Sanders
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Defendant: Matthew
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Defendant: Sturgeon
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Defendant: Sabrina Ashjian
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Defendant: John Shinaver
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Defendant: Stacy Phillips
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Defendant: John Gatschet
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Defendant: Keyana Davis
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Defendant: R. Arreola
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Defendant: Kate Dashiel
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