Larry Smith v. Gonzales et al
| Larry Smith |
| J. Gonzales, B. Johnson, A. Fritz, E. Castro, Miner, Florez, A. Scaife, Potzernitz and Gonzales |
| 1:2017cv00436 |
| March 27, 2017 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kings |
| Gary S. Austin |
| 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
166
ORDER & WRIT of Habeas Corpus Ad Testificandum, signed by Magistrate Judge Gary S. Austin on 4/29/2024. (Rivera, O)
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Filing
164
ORDER DENYING 161 Plaintiff's Motion for the Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 4/19/2024. (Rivera, O)
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Filing
163
ORDER setting Settlement Conference for 6/3/2024 at 08:30 AM at California State Prison, Corcoran signed by Magistrate Judge Gary S. Austin on 4/18/2024. Clerk of Court to serve copy on the Litigation Office at CSP, Corcoran. (Lundstrom, T)
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Filing
159
ORDER directing parties to inform court if prepared to proceed to trial parties responses and/or showings of cause due 4/11/2024 signed by Magistrate Judge Gary S. Austin on 4/4/2024. (Lundstrom, T)
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Filing
155
SECOND ORDER Directing Defendants to File Consent or Request for Reassignment Forms signed by Magistrate Judge Gary S. Austin on 01/03/2024.(Flores, E)
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Filing
150
ORDER Directing Parties to Complete and File New Order Re: Consent or Request for Reassignment Forms by December 22, 2023; ORDER DENYING 149 Plaintiff's Motion for the Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 11/21/2023. (Rivera, O)
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Filing
145
ORDER Directing Parties to Show Cause Why This Matter Should Not Proceed to Trial signed by Magistrate Judge Gary S. Austin on 10/25/2023. Parties' Show Cause Response due by 11/13/2023. (Xiong, J.)
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Filing
138
ORDER in Response to 137 Plaintiff's Status Report signed by Magistrate Judge Gary S. Austin on 4/17/2023. Status Report due by 7/15/2023. (Lawrence, A)
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Filing
136
ORDER Vacating Pretrial Conference and Trial; ORDER for Plaintiff to File a Status Report Every Three Months Beginning on April 15, 2023, Pursuant to this Order signed by Magistrate Judge Gary S. Austin on 01/05/2023. Filing Deadline: 4/15/2023.(Flores, E)
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Filing
135
ORDER DENYING 132 Motion for Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 12/06/2022. (Maldonado, C)
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Filing
128
ORDER GRANTING 127 Defendants' Motion to Modify Second Scheduling Order, signed by Magistrate Judge Gary S. Austin on 9/28/2022. Pretrial Conference: February 6, 2023 1:30 p.m. Judge de Alba Courtroom 1; Jury Trial: April 4, 2023 8:30 a.m. Judge de Alba Courtroom 1. (Marrujo, C)
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Filing
125
ORDER DENYING 123 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 9/15/2022. (Marrujo, C)
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Filing
120
ORDER DENYING 119 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 06/13/2022. (Martin-Gill, S)
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Filing
117
ORDER RESETTING Settlement Conference, SETTING Telephonic Pre-Settlement Conference and Providing Settlement Conference Procedures signed by Magistrate Judge Sheila K. Oberto on 5/16/2022. Pre-Settlement Conference set for 8/11/2022 at 01:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto; Settlement Conference set for 8/30/2022 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Sant Agata, S)
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Filing
115
ORDER DISCHARGING 107 Writ of Habeas Corpus Ad Testificandum as to Inmate Larry Smith, CDCR #K-91850 signed by Magistrate Judge Gary S. Austin on 5/12/2022. (Sant Agata, S)
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Filing
113
ORDER DENYING 111 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 5/9/2022. (Sant Agata, S)
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Filing
107
ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Produce Inmate Larry Smith, CDCR# K-91850 for a Zoom Video Conference on May 17,2022 at 10:00 a.m. before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Gary S. Austin on 04/05/2022. (Maldonado, C)
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Filing
105
ORDER Setting Telephonic Pre-Settlement Conference and Settlement Conference Procedures signed by Magistrate Judge Sheila K. Oberto on 11/15/2021. Telephonic Pre-Settlement Conference set for 5/11/2022 at 02:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Jessen, A)
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Filing
103
ORDER SETTING Settlement Conference, signed by Magistrate Judge Gary S. Austin on 10/22/2021. Video Settlement Conference set for 5/17/2022 at 10:00 AM before Magistrate Judge Sheila K. Oberto. (Rivera, O)
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Filing
100
ORDER REQUIRING Parties to NOTIFY Court Whether a Settlement Conference would be Beneficial; Thirty-Day Deadline signed by Magistrate Judge Gary S. Austin on 9/8/2021. (Sant Agata, S)
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Filing
99
ORDER ADOPTING 97 Findings and Recommendations and DENYING Defendants' 87 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 9/5/2021. (Sant Agata, S)
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Filing
97
FINDINGS and RECOMMENDATIONS recommending that 87 Defendants' Motion for Summary Judgment be DENIED re 12 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Gary S. Austin on 6/16/2021. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)
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Filing
95
ORDER Vacating 94 Order Issued on April 26,2021; ORDER Reinstating 93 Plaintiff's Second Opposition to the Motion for Summary Judgment, Filed on April 23, 2021; ORDER Granting Defendants Thirty Days to Reply to Plaintiff's Second Opposition, signed by Magistrate Judge Gary S. Austin on 04/29/2021. Reply Due Within Thirty-Days. (Maldonado, C)
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Filing
94
ORDER Striking Impermissible 93 Surreply, signed by Magistrate Judge Gary S. Austin on 04/26/2021. (Maldonado, C)
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Filing
86
ORDER DENYING Plaintiff's Motion to Certify Interlocutory Appeal 72 , signed by District Judge Dale A. Drozd on 8/18/2020. (Martin-Gill, S)
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Filing
85
ORDER GRANTING Parties' Motions to Modify the Scheduling Order; ORDER EXTENDING Discovery Deadline and Deadline to File Dispositive Motions for all Parties 80 , 83 and 84 , signed by Magistrate Judge Gary S. Austin on 7/22/2020.(Discovery Deadline: 10/31/2020 and Dispositive Motions Deadline: 12/31/2020) (Martin-Gill, S)
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Filing
82
ORDER DENYING 78 Plaintiff's Motion for Reconsideration signed by Magistrate Judge Gary S. Austin on 7/10/2020. (Jessen, A)
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Filing
77
ORDER GRANTING 74 Plaintiff's Motion for Extension of Time; ORDER DENYING 75 Plaintiff's Request for Copies; ORDER GRANTING 76 Defendants' Motion to Modify Scheduling Order; and ORDER Extending Deadlines for All Parties signed by Magistrate Judge Gary S. Austin on 4/30/2020. Discovery due by 7/20/2020. Dispositive Motions filed by 9/20/2020. (Jessen, A)
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Filing
73
ORDER DENYING 72 Request for Free Certified Copy of Court's Order, signed by Magistrate Judge Gary S. Austin on 4/23/20. (Marrujo, C)
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Filing
69
ORDER DENYING 66 68 Motions to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 3/21/2020. (Sant Agata, S)
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Filing
63
ORDER DENYING 61 Plaintiff's Request for Reconsideration signed by District Judge Dale A. Drozd on 3/12/2020. (Rivera, O)
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Filing
58
SCHEDULING ORDER: Order Re-Opening Discovery and Setting Out New Deadlines, signed by Magistrate Judge Gary S. Austin on 2/24/2020. New Discovery Deadline: 5/20/2020; New Dispositive Motions Deadline: 7/20/2020. (Marrujo, C)
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Filing
57
ORDER adopting in part Findings and Recommendations 52 , granting in part Defendants' Motion for Summary Judgment 36 signed by District Judge Dale A. Drozd on 2/19/2020. (Lundstrom, T)
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Filing
52
FINDINGS and RECOMMENDATIONS, Recommending that Defendants' 36 Motion for Summary Judgment be Granted in Part and Denied in Part signed by Magistrate Judge Gary S. Austin on 11/14/2019. Referred to Judge Dale A. Drozd. Objections to F&R due within Fourteen (14) Days. (Orozco, A)
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Filing
51
ORDER GRANTING Defendants' 45 Motion to Modify Scheduling Order; ORDER Staying Deadlines for Discovery and for Filing Dispositive Motions, Pending Resolution of Defendants' Exhaustion Motion signed by Magistrate Judge Gary S. Austin on 09/05/2019. (Flores, E)
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Filing
50
ORDER GRANTING Defendants' Motion to Strike 48 ; ORDER STRIKING Plaintiff's Surreply 47 , signed by Magistrate Judge Gary S. Austin on 8/13/2019. (Martin-Gill, S)
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Filing
43
ORDER DENYING 42 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 7/18/19. (Marrujo, C)
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Filing
25
ORDER ADOPTING 19 Findings and Recommendations, signed by District Judge Dale A. Drozd on 10/4/18. (Marrujo, C)
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Filing
19
FINDINGS and RECOMMENDATIONS Recommending that this Action Proceed only Against Defendants Sgt. Gonzalez, Johnson, Castro, Miner, Florez, and Potzernitz for use of Excessive Force; Defendants Fritz and Scaife for Failure to Protect; and Defendant Sgt. Gonzales for Retaliation; and that all other Claims and Defendants be Dismissed signed by Magistrate Judge Gary S. Austin on 04/19/20018. Referred to Judge Drozd; Objections to F&R due by 5/7/2018. (Flores, E)
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