Asberry v. Biter
| Tony Asberry |
| Biter |
| 1:2016cv01741 |
| November 17, 2016 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| Michael J. Seng |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
313
NOTICE that Plaintiff Tony Asberry, CDCR #P-63853, is no Longer Needed as a Witness in These Proceedings, and ORDER Discharging the Writ of Habeas Corpus Ad Testificandum, signed by District Judge Jennifer L. Thurston on 04/11/2023.(Maldonado, C)
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Filing
299
ORDER re Motions in Limine 235 256 260 , signed by District Judge Jennifer L. Thurston on 3/17/2023. (Marrujo, C)
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Filing
298
CORRECTED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Tony Asberry, CDCR #P-63853 for trial on April 4, 2023 at 8:00 a.m. in Courtroom #4 signed by Magistrate Judge Helena M. Barch-Kuchta on 02/28/2023.(Flores, E)
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Filing
295
ORDER DIRECTING Service of Subpoena on Witness by United States Marshal without Prepayment of Costs; Service within 7 Days signed by Magistrate Judge Helena M. Barch-Kuchta on 2/2/2023. (Sant Agata, S)
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Filing
280
ORDER DENYING 276 Motion for Library Access, signed by Magistrate Judge Helena M. Barch-Kuchta on 12/7/2022. (Martin-Gill, S)
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Filing
275
ORDER GRANTING 274 Defendants Paul Godfrey and Andrew Ferris' Request to Modify the Final Pretrial Order for an Extension of Time, signed by District Judge Jennifer L. Thurston on 11/16/2022. Oppositions to Motion in Limine Deadline: 12/14/2022. Opposition to Proposed Jury Instructions Deadline: 12/14/2022. Trial Briefs Deadline: 12/21/2022. Proposed Voir Dire Questions: 12/21/2022. Exhibit Binder Deadline: 12/28/2022. (Maldonado, C)
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Filing
272
ORDER DENYING 271 Plaintiff's Request for Copy of Docket Sheet, signed by District Judge Jennifer L. Thurston on 11/03/2022.(Maldonado, C)
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Filing
267
ORDER construing Plaintiff's Pleading as a New Complaint; directing Clerk of Court to open New Case and Transfer Pleading; directing Plaintiff to pay filing fee, file Application to proceed IFP, or Notice in New Action within 30-Days 263 signed by Magistrate Judge Helena M. Barch-Kuchta on 10/24/2022. (Lundstrom, T)
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Filing
264
ORDER continuing Trial Date 255 signed by District Judge Jennifer L. Thurston on 10/24/2022. (Jury Trial continued to 4/3/2023 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston). (Lundstrom, T)
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Filing
248
FINAL PRETRIAL ORDER, signed by District Judge Jennifer L. Thurston on 6/28/2022. Proposed Jury Instructions: 10/17/2022; Objections to Proposed Jury Instructions: 11/14/2022; Motions in Limine Filing: 10/17/2022; Oppositions to Motions in Limine: 11/14/2022; Trial Submissions: 11/21/2022; Jury trial: 12/5/2022 at 8:30 a.m., 3-4 days. (Marrujo, C)
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Filing
246
ORDER DENYING 245 Motion for Law Library Access, signed by Magistrate Judge Helena M. Barch-Kuchta on 05/10/2022. (Martin-Gill, S)
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Filing
240
ORDER DENYING Plaintiff's 229 Request for an Impartial Expert, signed by Magistrate Judge Helena M. Barch-Kuchta on 3/15/2022. (Marrujo, C)
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Filing
239
ORDER GRANTING Plaintiff's Construed Motion 234 for an Extension to Pay Witness Fees, signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2022. (Marrujo, C)
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Filing
233
ORDER GRANTING 228 Motion to Recalculate Witness Fess and Granting Extension of Time to Submit Payment of Witness Fees to Subpoena Unincarcerated Witnesses, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/14/2022. Deadline: 2/14/2022. (Marrujo, C)
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Filing
232
ORDER GRANTING 227 Plaintiff's Motion for Clarification, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/13/2021. (Marrujo, C)
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Filing
222
ORDER DIRECTING CLERK TO PROVIDE NOTICE TO APPROPRIATE INSTITUTIONAL OFFICIAL, signed by Magistrate Judge Helena M. Barch-Kuchta on 7/26/2021. (This Order served on Litigation Coordinator at Kern Valley State Prison via email)(Martin-Gill, S)
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Filing
219
AMENDED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Tony Asberry, P-63853 on July 26, 2021 at 10:00a.m., signed by Magistrate Judge Helena M. Barch-Kuchta on 06/15/2021.(Flores, E)
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Filing
214
ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM RE Tony Asberry, P-63853 on June 18, 2021 at 10:00a.m. signed by Magistrate Judge Helena M. Barch-Kuchta on 6/2/2021. (Sant Agata, S)
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Filing
212
ORDER Setting Settlement Conference and Parameters, signed by Magistrate Judge Helena M. Barch-Kuchta on 04/29/2021. Zoom Settlement Conference set for 6/18/2021 at 10:00 AM before Magistrate Judge Helena M. Barch-Kuchta. (Maldonado, C)
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Filing
208
ORDER DENYING Plaintiff's 193 Motion to Modify Court Order; ORDER DENYING W/O Prejudice Plaintiff's 200 Motion to Obtain the Attendance of Two Unincarcerated Witnesses; ORDER DENYING Plaintiff's 206 Motion to Direct Defendants to Grant Plaintiff Access to Law Library signed by Magistrate Judge Helena M. Barch-Kuchta on 03/30/2021. (Flores, E)
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Filing
207
ORDER GRANTING Plaintiff's 194 Motion to Supplement Pretrial Statement and Ordering Amended Pretrial Statement in Thirty Days; ORDER Granting 197 Plaintiff's Motion to Clarify signed by Magistrate Judge Helena M. Barch-Kuchta on 03/30/2021.(Flores, E)
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Filing
205
ORDER ADOPTING 198 Findings and Recommendations DENYING Plaintiff's 180 184 Motion's for Injunctive Relief, signed by District Judge Dale A. Drozd on 3/8/2021. (Marrujo, C)
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Filing
198
FINDINGS and RECOMMENDATIONS That Plaintiff's 180 184 Motions for Injunctive Relief be Denied, signed by Magistrate Judge Jeremy D. Peterson on 8/31/2020. Objections to F&R due within THIRTY DAYS. (Marrujo, C)
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Filing
196
ORDER MODIFYING the Trial Scheduling Order to Reset the Telephonic Trial Confirmation Hearing and Trial Date, signed by Magistrate Judge Jeremy D. Peterson on 8/10/2020. (Telephonic Trial Confirmation Hearing RESET for 2/1/2021 at 02:00 PM before Magistrate Judge Jeremy D. Peterson; Jury Trial RESET for 3/2/2021 at 09:00 AM in Courtroom 4 before UnassignedDJ.) (Marrujo, C)
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Filing
192
ORDER DENYING Plaintiff's Motion for court order as moot 178 and GRANTING Defendants' Request for Clarification 188 signed by Magistrate Judge Jeremy D. Peterson on 5/1/2020. (Lundstrom, T)
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Filing
191
ORDER modifying Trial Scheduling Order to reset the Telephonic Trial Confirmation Hearing and Trial Date re 119 signed by Magistrate Judge Jeremy D. Peterson on 4/28/2020. Telephonic Trial Conference set for 8/13/2020 at 02:00 PM before Magistrate Judge Jeremy D. Peterson. Jury Trial set for 9/22/2020 at 08:30 AM in Courtroom 4 before Unassigned DJ. (Lundstrom, T)
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Filing
182
ORDER GRANTING IN PART Plaintiff's 174 Motion for Court Assistance, signed by Magistrate Judge Jeremy D. Peterson on 1/16/2020. (Copy of this order forwarded to Litigation Coordinator at KVSP) (Martin-Gill, S)
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Filing
181
ORDER DENYING 172 Motion to Appoint Counsel, signed by Magistrate Judge Jeremy D. Peterson on 1/14/2020. (Martin-Gill, S)
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Filing
177
ORDER ADOPTING 175 FINDINGS AND RECOMMENDATIONS to DENY Plaintiff's 161 167 Motions for Reconsideration and Injunctive Relief signed by Chief Judge Lawrence J. O'Neill on 9/11/2019. (Sant Agata, S)
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Filing
175
FINDINGS and RECOMMENDATIONS that Court deny Plaintiff's Motion for Reconsideration and Motion for Injunctive Relief 161 , 167 . ORDER granting Plaintiff's Motion for Clarification 170 and denying Plaintiff's Motion regarding mail 171 signed by Magistrate Judge Jeremy D. Peterson on 8/23/2019. Referred to Judge Lawrence J. O'Neill; Objections to F&R's due within 14-Days. (Lundstrom, T)
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Filing
163
ORDER ADOPTING 157 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 133 & 136 Defendants' Motions for Summary Judgment; and ORDER DENYING 134 Plaintiff's Motion for Access to Law Library and 154 Motion for Reconsideration signed by Chief Judge Lawrence J. O'Neill on 1/3/2019. (Jessen, A)
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Filing
157
FINDINGS and RECOMMENDATIONS That Court Deny Defendants' Motions for Summary Judgment and Plaintiff's Motion for Reconsideration, signed by Magistrate Judge Jeremy D. Peterson on 12/6/18. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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Filing
156
ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Jeremy D. Peterson on 12/5/2018. Settlement Conference set for 1/18/2019 at 08:30 AM at Corcoran State Prison before Magistrate Judge Stanley A. Boone. (Jessen, A)
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Filing
152
ORDER Adopting 148 FINDINGS AND RECOMMENDATIONS to (1) GRANT Plaintiff's Motion for Leave to Amend Complaint; (2) Allow Plaintiff to Proceed only on Cognizable Claims; and (3) DENY Plaintiff's Motions for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 9/22/2018. (Sant Agata, S)
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Filing
150
ORDER DENYING 110 Plaintiff's Motion to Compel signed by Magistrate Judge Jeremy D. Peterson on 9/2/2018. (Jessen, A)
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Filing
148
FINDINGS and RECOMMENDATIONS to (1) Grant Plaintiff's Motion for Leave to Amend Complaint; (2) Allow Plaintiff to Proceed on Only Cognizable Claims; (3) Deny Plaintiff's Motions for Summary Judgment signed by Magistrate Judge Jeremy D. Peterson on 8/30/2018. Referred to Judge Lawrence J. O'Neill. Objections to F&R due within Fourteen (14) Days. (Sant Agata, S)
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Filing
139
ORDER Denying Plaintiff's First 91 Motion to Compel and Requiring Defendants Ferris and Godfrey to Supplement their Response to Plaintiff's Second Motion to Compel 110 , signed by Magistrate Judge Jeremy D. Peterson on 8/2/18. Deadline: 08/17/18. (Gonzalez, R)
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Filing
120
ORDER DENYING 74 Motion to Compel and 86 Motion to Compel, signed by Magistrate Judge Michael J. Seng on 04/15/2018. (Martin-Gill, S)
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Filing
115
ORDER denying 105 Motion for separate Deposition hearings signed by Magistrate Judge Michael J. Seng on 3/30/2018. (Lundstrom, T)
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Filing
101
ORDER Adopting 82 FINDINGS AND RECOMMENDATIONS and DISMISSING Various 67 71 75 Motions for Injunctive Relief signed by District Judge Dale A. Drozd on 2/21/2018. (Sant Agata, S)
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Filing
99
ORDER Adopting 85 FINDINGS AND RECOMMENDATIONS and DENYING Plaintiff's 44 46 Motions signed by District Judge Dale A. Drozd on 2/20/2018. (Sant Agata, S)
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Filing
85
FINDINGS and RECOMMENDATIONS to: (1) DENY 46 Plaintiff's Motion to Include Previous Lawsuits; and (2) DENY Without Prejudice 44 Plaintiff's Motion to Amend re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Michael J. Seng on 12/29/2017. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)
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Filing
82
ORDER DENYING 75 Motion to Appoint Counsel, Appointment of Legal Assistant, and Additional Time to Reply to Interrogatories; FINDINGS and RECOMMENDATIONS to (1) Deny 67 Motion to Access Law Library; (2) Deny 71 Motion for Court Order to Provide Plaintiff Access to Legal Files; and (3) Deny 75 Motion for Access to Medical Files; Fourteen (14) Day Objection Deadline signed by Magistrate Judge Michael J. Seng on 12/27/2017. Referred to Judge Dale A. Drozd. (Sant Agata, S)
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Filing
77
ORDER adopting FINDINGS AND RECOMMENDATIONS and denying Motions for a Temporary Restraining Order, Preliminary Injunction and Court Orders 20 , 24 , 42 , 59 , 62 , 64 , 68 signed by District Judge Dale A. Drozd on 12/2/2017. (Lundstrom, T)
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Filing
68
ORDER GRANTING Request for Clarification; FINDINGS and RECOMMENDATION to Deny Motion to Have Meaningful Access to Court; Clerk to Send Copy of this Order to Litigation Coordinator at Plaintiff's Institution; Fourteen (14) Day Objection Deadline signed by Magistrate Judge Michael J. Seng on 9/19/2017. Referred to Judge Dale A. Drozd. (Sant Agata, S)
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Filing
66
ORDER DENYING Request for Entry of Default and Motion for Default Judgment as to Defendants Lozovoy and Relevante signed by Magistrate Judge Michael J. Seng on 9/12/2017. (Sant Agata, S)
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Filing
56
ORDER DECLINING to Impose Sanctions on Counsel for Defendants Lozovoy and Relevante signed by Magistrate Judge Michael J. Seng on 8/18/2017. (Jessen, A)
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Filing
37
ORDER Requiring Counsel for Defendants Lozovoy and Relevante to File Declaration Explaining Apparent Delay Within Ten (10) Days signed by Magistrate Judge Michael J. Seng on 7/19/2017. (Jessen, A)
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Filing
25
ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS for Action to Proceed Only on Cognizable Claims and that all other claims and Defendants be Dismissed, signed by District Judge Dale A. Drozd on 05/05/17. (Martin-Gill, S)
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Filing
23
ORDER Directing Clerk's Office to Return Extra Summons to Plaintiff signed by Magistrate Judge Michael J. Seng on 3/13/2017. (Jessen, A)
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Filing
17
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Michael J. Seng on 2/28/2017 recommending that this action proceed only on cognizable claims and that all other claims and defendants be dismissed re 1 Prisoner Civil Rights Complaint. Referred to Judge Dale A. Drozd; Objections to F&R due within 14-Days. (Lundstrom, T)
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Filing
16
ORDER denying 13 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 7/23/2017. (Lundstrom, T)
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Filing
15
ORDER denying 10 Motion to the court for proof of exhaustion signed by Magistrate Judge Michael J. Seng on 2/17/2017. (Lundstrom, T)
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