Bowell v. Montoya et al
Plaintiff: James Bowell
Defendant: F. Montoya, D. Carter, R. Killmer, S. Lopez and A. Hart
Case Number: 1:2017cv00605
Filed: May 1, 2017
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Gary S. Austin
Presiding Judge: Lawrence J. O'Neill
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
August 18, 2021 Opinion or Order Filing 102 ORDER ADOPTING 100 Findings and Recommendations Recommending 90 Defendants' Motion for Summary Judgment be Granted, signed by District Judge Dale A. Drozd on 8/18/2021. CASE CLOSED. (Rivera, O)
May 10, 2021 Opinion or Order Filing 100 FINDINGS and RECOMMENDATIONS, Recommending that Defendants' 90 Motion for Summary Judgment be Granted on the Basis of Claim Preclusion signed by Magistrate Judge Gary S. Austin on 05/10/2021. Referred to Judge Unassigned; Objections to F&R due within Fourteen-Days. (Flores, E)
April 30, 2021 Opinion or Order Filing 99 ORDER DENYING 92 Motion For Appointment of Counsel; ORDER Denying Plaintiff's Motions for Reconsideration re 92 , 94 , 97 , 98 , signed by Magistrate Judge Gary S. Austin on 04/29/2021. (Maldonado, C)
March 8, 2021 Opinion or Order Filing 96 ORDER ADOPTING 88 Findings and Recommendations and DENYING 81 Plaintiff's Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 3/8/2021. This case is referred back to the magistrate judge for further proceedings. (Rivera, O)
March 2, 2021 Opinion or Order Filing 95 ORDER striking impermissible Surreply 94 signed by Magistrate Judge Gary S. Austin on 3/2/2021. (Lundstrom, T)
January 19, 2021 Opinion or Order Filing 89 ORDER DENYING Plaintiff's 85 Motion for Stay signed by Magistrate Judge Gary S. Austin on 1/15/2021. (Sant Agata, S)
August 13, 2020 Opinion or Order Filing 80 ORDER STRIKING PLAINTIFFS SETTLEMENT DOCUMENT RECEIVED ON AUGUST 12, 2020, signed by Magistrate Judge Gary S. Austin on 8/13/2020. (Martin-Gill, S)
August 12, 2020 Opinion or Order Filing 79 ORDER DENYING PLAINTIFFS MOTION FOR COURT SETTLEMENT CONFERENCE 65 , signed by Magistrate Judge Gary S. Austin on 8/12/2020. (Martin-Gill, S)
July 10, 2020 Opinion or Order Filing 75 ORDER Requiring Parties to Notify Court Whether a Settlement Conference Would be Beneficial re 65 signed by Magistrate Judge Gary S. Austin on 7/10/2020. Response due within thirty (30) days. (Jessen, A)
January 27, 2020 Opinion or Order Filing 60 ORDER ADDRESSING Plaintiff's 58 Supplement filed on December 2, 2019, signed by Magistrate Judge Gary S. Austin on 1/27/2020. (Orozco, A)
December 3, 2019 Opinion or Order Filing 59 ORDER of Clarification 57 ; ORDER VACATING Discovery and Scheduling Order Issued on November 8, 2019 55 , signed by Magistrate Judge Gary S. Austin on 12/2/2019. (Martin-Gill, S)
October 21, 2019 Opinion or Order Filing 53 ORDER Addressing Plaintiff's Inquiry, signed by Magistrate Judge Gary S. Austin on 10/21/19. (Marrujo, C)
October 18, 2019 Opinion or Order Filing 52 ORDER ADOPTING 50 Findings and Recommendations; ORDER GRANTING Defendants' 48 Motion to Set Aside Court's Order and DENYING Plaintiff's 49 Motion for Reconsideration as Moot, signed by Chief Judge Lawrence J. O'Neill on 10/18/19. (Marrujo, C)
September 12, 2019 Opinion or Order Filing 50 FINDINGS and RECOMMENDATIONS Recommending That Defendants' 48 Motion to Set Aside Court's Order be Granted, and Plaintiff's 49 Motion for Reconsideration of Court's Order be Denied as Moot, signed by Magistrate Judge Gary S. Austin on 9/12/19. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
May 10, 2019 Opinion or Order Filing 44 ORDER Addressing Plaintiff's Opposition and Denying 43 Motion for Stay signed by Magistrate Judge Gary S. Austin on 05/10/2019. (Flores, E)
May 1, 2019 Opinion or Order Filing 42 ORDER ADOPTING 39 FINDINGS AND RECOMMENDATIONS; ORDER Granting Defendants' 24 Motion to Revoke Plaintiff's In Forma Pauperis Status; ORDER Revoking Plaintiff's In Forma Pauperis and Requiring Plaintiff to Pay $398.00 Balance of Filing Fee in Full within Thirty Days signed by Chief Judge Lawrence J. O'Neill on 05/01/2019. (Flores, E)
April 12, 2019 Opinion or Order Filing 39 FINDINGS and RECOMMENDATIONS Recommending that Defendants' 24 Motion to Revoke Plaintiff's In Forma Pauperis Status be Granted; Objections, if any, Due within Fourteen Days signed by Magistrate Judge Gary S. Austin on 4/12/2019. Referred to Judge Lawrence J. O'Neill. (Sant Agata, S)
April 3, 2019 Opinion or Order Filing 38 ORDER Denying 34 Motion for Leave to File Surreply, Motion for Evidentiary Hearing, and Motion for Appointment of Counsel signed by Magistrate Judge Gary S. Austin on 04/03/2019. (Flores, E)
February 20, 2019 Opinion or Order Filing 33 ORDER STRIKING Impermissible 32 Surreply signed by Magistrate Judge Gary S. Austin on 2/19/2019. (Sant Agata, S)
February 15, 2019 Opinion or Order Filing 31 ORDER Striking Impermissible 30 Surreply signed by Magistrate Judge Gary S. Austin on 02/14/2019. (Flores, E)
October 25, 2018 Opinion or Order Filing 20 ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS; ORDER for this Case to Proceed with Plaintiff's Cognizable Claims Against Defendants Montoya, Carter, Killmer, and Lopez, and Dismissing all other Claims and Defendants for Failure to State a Claim signed by Chief Judge Lawrence J. O'Neill on 10/25/2018. A. Hart and Doser terminated.(Flores, E)
October 3, 2018 Opinion or Order Filing 18 FINDINGS and RECOMMENDATIONS recommending that this case proceed against Defendants Montoya and Carter for violation of due process under the Fourteenth Amendment, and against defendants Killmer and Lopez conspiracy to place Plaintiff at risk of seri ous harm, and for failure to protect Plaintiff under the Eighth Amendment; re 16 Amended Prisoner Civil Rights Complaint filed by James Bowell ; referred to Judge O'Neill,signed by Magistrate Judge Gary S. Austin on 10/3/18. Objections to F&R due 14-Day Deadline (Martin-Gill, S)
October 1, 2018 Opinion or Order Filing 17 ORDER DENYING Motion for Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 10/1/18. (Marrujo, C)
July 6, 2017 Opinion or Order Filing 12 ORDER DENYING 11 Motion to Proceed with Discovery, signed by Magistrate Judge Gary S. Austin on 07/05/2017. (Martin-Gill, S)
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Plaintiff: James Bowell
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Defendant: F. Montoya
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Defendant: D. Carter
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Defendant: R. Killmer
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Defendant: S. Lopez
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Defendant: A. Hart
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