Lear v. Biter et al
Plaintiff: Roderick William Lear
Defendant: Martin Biter, J. Lewis, R. Michael Hutchinson, Johnathan Akanno, Jennifer Palomino, R. Lozovoy, C.K. Chen, A. Manasrah, O. Ogun and Mays
Case Number: 1:2015cv01903
Filed: December 21, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Michael J. Seng
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 25, 2021 Opinion or Order Filing 127 ORDER of Voluntary Dismissal With Prejudice Under Fed. R. Civ. P. 41(a)(1)(A)(ii); ORDER DIRECTING Clerk to Terminate Pending Motions, signed by Magistrate Judge Helena M. Barch-Kuchta on 2/25/2021. CASE CLOSED. (Rivera, O)
July 14, 2020 Opinion or Order Filing 112 ORDER DENYING 111 Motion Ex Parte Motion Regarding Discovery, signed by Magistrate Judge Jeremy D. Peterson on 07/14/2020. (Martin-Gill, S)
June 24, 2020 Opinion or Order Filing 110 ORDER GRANTING Defendant's Ex Parte Application to modify Discovery and Dispositive Motion Deadlines in Scheduling Order 108 ; GRANTING IN PART AND DENYING IN PART Plaintiff's Motion 103 signed by Magistrate Judge Jeremy D. Peterson on 6/24/2020. (Lundstrom, T)
June 1, 2020 Opinion or Order Filing 105 ORDER REQUIRING Defendants to Respond to Plaintiff's Motion; Response Due in 21 Days signed by Magistrate Judge Jeremy D. Peterson on 5/29/2020. (Sant Agata, S)
March 16, 2020 Opinion or Order Filing 102 ORDER DENYING 100 & 101 Plaintiff's Motions for Miscellaneous Relief signed by Magistrate Judge Jeremy D. Peterson on 3/13/2020. (Jessen, A)
February 27, 2020 Opinion or Order Filing 99 ORDER to Modify the Scheduling Order signed by Magistrate Judge Jeremy D. Peterson on 2/26/2020. Dispositive Motions filed by 3/30/2020. (Jessen, A)
August 2, 2019 Opinion or Order Filing 95 ORDER REQUIRING Parties to Submit Proposed Scheduling Order; ORDER DENYING Plaintiff's 83 Motion for Copy of Local Rules signed by Magistrate Judge Jeremy D. Peterson on 8/2/2019. (Sant Agata, S)
July 3, 2019 Opinion or Order Filing 94 ORDER VACATING ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM 91 signed by Magistrate Judge Jeremy D. Peterson on 7/3/2019. (JDP)
June 14, 2019 Opinion or Order Filing 91 ORDER & WRIT of Habeas Corpus Ad Testificandum, signed by Magistrate Judge Jeremy D. Peterson on 6/14/19. (Marrujo, C)
April 2, 2019 Opinion or Order Filing 85 ORDER Setting Settlement Conference, signed by Magistrate Judge Jeremy D. Peterson on 4/2/19. ( Settlement Conference set for 7/9/2019 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.) (Marrujo, C)
March 14, 2019 Opinion or Order Filing 84 ORDER GRANTING IN PART 79 Plaintiff's Motion for Counsel signed by Magistrate Judge Jeremy D. Peterson on 3/14/2019. Attorney Jack Duran, Jr. for Roderick William Lear added. (Jessen, A)
September 25, 2018 Opinion or Order Filing 78 ORDER ADOPTING 76 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 51 Motion for Summary Judgment; ORDER DENYING Motion for Temporary Restraining Order 64 ; ORDER DENYING 69 Motion for an Immediate Resolution of all claims; ORDER DENYING 74 Motion for an Albino Hearing; This matter is referred back to the assigned magistrate judge for further proceedings consistent with this order, signed by District Judge Dale A. Drozd on 9/24/18. (Martin-Gill, S)
August 30, 2018 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS: (1) TO DENY Plaintiff's Motion for Temporary Restraining Order; (2) TO DENY 51 Defendants' Motion for Summary Judgment on Exhaustion; (3) TO DENY 69 Plaintiff's Motion for Immediate Resolution of All C laims and Other Relief; and (4) TO DENY 74 Plaintiff's Motion for Albino Hearing and Other Relief re 31 Amended Prisoner Civil Rights Complaint; ORDER SETTING New Deadline for Dispositive Motions and Instructions to Defendants Regarding Service of This Order on Litigation Coordinator signed by Magistrate Judge Jeremy D. Peterson on 8/30/2018. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. Dispositive Motions filed by 11/2/2018. (Jessen, A)
June 28, 2018 Opinion or Order Filing 68 ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's Motion for Leave to Amend Opposition to Summary Judgment on Exhaustion, for Extensions, for Sanctions, for Leave to Submit Documents and for Appointment of Counsel,signed by Magistrate Judge Jeremy D. Peterson on 06/27/18. 48 , 54 , 64 , 66 (Deadline Dates: 07/16/2018 and 09/3/2018) (Martin-Gill, S)
May 15, 2018 Opinion or Order Filing 65 ORDER ADOPTING 53 Findings and Recommendations and DENYING 52 Motion for Court Order, signed by District Judge Dale A. Drozd on 5/14/18. (Marrujo, C)
March 30, 2018 Opinion or Order Filing 56 ORDER denying 49 Motion signed by Magistrate Judge Michael J. Seng on 3/30/2018. (Lundstrom, T)
March 12, 2018 Opinion or Order Filing 53 ORDER GRANTING Plaintiff's Motion for an Extension of Time to Respond to Defendants' Motion for Summary Judgment; FINDINGS and RECOMMENDATION to Deny Plaintiff's Motion for Court to Request Pelican Bay State Prison to Issue Plaintiff H is Discovery Material and Legal Property; Forty-Five Day Deadline to File Opposition to Motion for Summary Judgment; Fourteen Day Deadline to File Objections to Findings and Recommendation; Clerk to Serve Copy of This Order on Litigation Coordinator, signed by Magistrate Judge Michael J. Seng on 3/9/18. (Copy of this order served via email on Litigation Coordinator at PBSP) (Marrujo, C)
January 11, 2018 Opinion or Order Filing 50 ORDER Adopting 47 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Dale A. Drozd on 1/11/2018. (Sant Agata, S)
December 5, 2017 Opinion or Order Filing 47 FINDINGS and RECOMMENDATIONS recommending that Non-Cognizable Claims be Dismissed re 31 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Michael J. Seng on 12/4/2017. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)
November 29, 2017 Opinion or Order Filing 45 ORDER granting 44 Motion to modify the Discovery and Scheduling Order signed by Magistrate Judge Michael J. Seng on 11/28/2017. Defendants' Deadline to submit a motion for summary judgment for failure to exhaust administrative remedies is extended to 1/22/2018.(Lundstrom, T)
February 22, 2017 Opinion or Order Filing 32 ORDER DENYING 28 Motion for Leave to File Motion for Reconsideration; ORDER DENYING 29 30 Motions for Extension of Time signed by Magistrate Judge Michael J. Seng on 2/21/2017. (Sant Agata, S)
May 10, 2016 Opinion or Order Filing 23 ORDER Denying 22 Motion for Clarification, signed by Magistrate Judge Michael J. Seng on 5/9/16. (Gonzalez, R)
February 17, 2016 Opinion or Order Filing 20 ORDER DENYING 18 Motion to Delay Consideration of Motion for Appointment of Counsel, signed by Magistrate Judge Michael J. Seng on 2/16/16. (Marrujo, C)
February 12, 2016 Opinion or Order Filing 17 ORDER DENYING 14 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 2/12/2016. (Jessen, A)
February 2, 2016 Opinion or Order Filing 13 ORDER (1) GRANTING 6 & 9 Motions for Leave to Amend; and (2) GRANTING 10 & 12 Motions for Clarification, signed by Magistrate Judge Michael J. Seng on 2/1/16. Amended Complaint Due Within Thirty Days. (Marrujo, C)
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Plaintiff: Roderick William Lear
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Defendant: Martin Biter
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Defendant: J. Lewis
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Defendant: R. Michael Hutchinson
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Defendant: Johnathan Akanno
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Defendant: Jennifer Palomino
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Defendant: R. Lozovoy
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Defendant: C.K. Chen
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Defendant: A. Manasrah
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Defendant: O. Ogun
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Defendant: Mays
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