Garcia v. Garcia, et al.
Plaintiff: Marco A Garcia
Defendant: Ruben Garcia, Blake Bursiaga, Collier and Fowler
Case Number: 1:2017cv01313
Filed: October 2, 2017
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kings
Presiding Judge: Barbara A. McAuliffe
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 10, 2021 Opinion or Order Filing 78 ORDER DISCHARGING November 3, 2021 Order for the Warden of Pelican Bay State Prison to Appear on November 16, 2021 to Show Cause for Failure to Obey a Court Order 71 ; ORDER VACATING Show Cause Hearing set for November 16, 2021; ORDER DIRECTING Cle rk of Court to serve a copy of this order on Senior Assistant Attorney General Monica Anderson, the Warden of Pelican Bay State Prison, and the Litigation Coordinator at Pelican Bay State Prison, signed by Magistrate Judge Barbara A. McAuliffe on 11/10/2021. (Order served on Monica Anderson, Warden of Pelican Bay State Prison and Litigation Coordinator at Pelican Bay State Prison)(Martin-Gill, S)
November 4, 2021 Opinion or Order Filing 75 NOTICE AND ORDER that Plaintiff Marco A. Garcia, CDCR# BF-8082, is No Longer Needed as a Witness in these proceedings and the Writ of Habeas Corpus Ad Testificandum is Discharged,signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2021.(Martin-Gill, S)
November 3, 2021 Opinion or Order Filing 71 ORDER for the Warden of Pelican Bay State Prison to Appear on November 16,2021 to Show Cause for Failure to Obey a Court Order; ORDER Directing Clerk of Court to Serve a Copy of this Order on Senior Assistant Attorney General Monica Anderson, the War den of Pelican Bay State Prison, and the Litigation Coordinator at Pelican Bay State Prison, signed by Magistrate Judge Barbara A. McAuliffe on 11/03/2021. Show Cause Zoom Hearing set for 11/16/2021 at 01:30 PM before Magistrate Judge Barbara A. McAuliffe. (Maldonado, C)
November 2, 2021 Opinion or Order Filing 69 AMENDED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Produce Inmate Marco A. Garcia, CDCR #BF-8082, in person on November 30, 2021 at 8:30am before Magistrate Judge Barbara A. McAuliffe, signed by Magistrate Judge Barbara A. McAuliffe on 11/01/2021. (Maldonado, C)
November 1, 2021 Opinion or Order Filing 67 ORDER Continuing Trial Date, signed by Magistrate Judge Barbara A. McAuliffe on 11/01/2021. Jury Trial set for 11/30/2021 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Maldonado, C)
October 19, 2021 Opinion or Order Filing 65 ORDER GRANTING Defendants' Motions In Limine, signed by Magistrate Judge Barbara A. McAuliffe on 10/18/2021.(Martin-Gill, S)
October 4, 2021 Opinion or Order Filing 61 ORDER construing Declaration of Defense Counsel as a Motion for new trial date. ORDER denying Defendants' Motion for new trial date 60 signed by Magistrate Judge Barbara A. McAuliffe on 10/1/2021. (Lundstrom, T)
September 28, 2021 Opinion or Order Filing 59 ORDER & WRIT of Habeas Corpus Ad Testificandum signed by Magistrate Judge Barbara A. McAuliffe on 9/27/2021 to transport Plaintiff, Marco A. Garcia, CDCR No. BF-8082 on 11/1/2021 at 8:30 a.m. for a jury trial in Courtroom No. 8 before Magistrate Judge Barbara A. McAuliffe. (Lundstrom, T)
September 20, 2021 Opinion or Order Filing 58 ORDER & WRIT of Habeas Corpus Ad Testificandum to produce Plaintiff, Marco A. Garcia, CDCR #BF-8082 Via Telephone on 10/18/2021 @ 9:00 a.m. signed by Magistrate Judge Barbara A. McAuliffe on 9/20/2021.(Lundstrom, T)
August 16, 2021 Opinion or Order Filing 54 ORDER DISCHARGING 49 Order to Show Cause Why Action Should Not Be Dismissed for Plaintiff's Failure to Comply With Court Order and Failure to Prosecute and ORDER Imposing Evidentiary Sanctions Regarding Plaintiff's Introduction of Exhibits and Witnesses at Trial signed by Magistrate Judge Barbara A. McAuliffe on 8/16/2021. (Jessen, A)
July 21, 2021 Opinion or Order Filing 49 ORDER to SHOW CAUSE why action should not be dismissed for failure to comply with Court Order and Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 07/21/2021. (Show Cause Response due within 14-Day Deadline)(Martin-Gill, S)
April 19, 2021 Opinion or Order Filing 45 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Plaintiff, Marco A. Garcia, #BF-8082, by Telephone on May 18, 2021 at 9:00a.m., signed by Magistrate Judge Barbara A. McAuliffe on 4/19/2021. (Gonzalez, R)
March 30, 2021 Opinion or Order Filing 44 ORDER SETTING TELEPHONIC STATUS CONFERENCE, signed by Magistrate Judge Barbara A. McAuliffe on 03/29/2021. (Zoom Status Conference set for 5/18/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe)(Martin-Gill, S)
October 15, 2020 Opinion or Order Filing 43 ORDER GRANTING DEFENDANTS REQUEST FOR ORDER FOR EXTENSION OF TIME TO TAKE THE DEPOSITION OF PLAINTIFF;ORDER EXTENDING DISPOSITIVE MOTION DEADLINE, signed by Magistrate Judge Barbara A. McAuliffe on 10/15/2020. ( Discovery due by 1/18/2021, Dispositive Motions filed by 3/18/2021)(Martin-Gill, S)
August 10, 2020 Opinion or Order Filing 40 ORDER GRANTING Plaintiff's 39 Request for Extension of Time to Respond to Defendants' Discovery Requests; Forty-Five (45) Day Deadline; ORDER DIRECTING Defendants' to Re-Serve Courtesy Copies of April 9, 2019 Discovery Requests on Plaintiff; Seven (7) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 8/10/2020. (Sant Agata, S)
June 19, 2020 Opinion or Order Filing 38 ORDER GRANTING Defendants' 31 Motion to Compel Discovery and Request for Award of Sanctions; ORDER Requiring Plaintiff to Pay Reasonable Expenses Incurred in the amount of $615.00 and STAYING ORDER in Light of Plaintiff's Indigency; ORDER RESETTING Discovery and Dispositive Motion Deadlines, signed by Magistrate Judge Barbara A. McAuliffe on 6/19/2020. (30-Day Deadline) (Discovery Deadline: October 18, 2020 and Dispositive Motion Deadline: December 18, 2020) (Martin-Gill, S)
March 27, 2020 Opinion or Order Filing 37 ORDER Reinstating Briefing on Defendants' Motion to Compel; ORDER DENYING 36 Defendants' Motion for Order on Motion to Compel; ORDER DENYING 35 Plaintiff's Second Motion to Appoint Counsel; ORDER GRANTING 34 Defendants' Moti on to Amend Scheduling Order to Extend Discovery Deadline signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2020. Plaintiff's Response to Motion to Compel due within twenty-one (21) days. Discovery and Dispositive Motion Deadlines are Vacated. (Jessen, A)
July 11, 2019 Opinion or Order Filing 32 ORDER regarding Defendants' Motion to Compel and directing the parties to meet and confer 31 signed by Magistrate Judge Barbara A. McAuliffe on 7/11/2019. (Lundstrom, T)
January 8, 2019 Opinion or Order Filing 30 ORDER denying 29 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2018. (Lundstrom, T)
December 11, 2018 Opinion or Order Filing 25 ORDER lifting Stay of Proceedings and ORDER vacating 2/28/2019 Settlement Conference 20 signed by Magistrate Judge Stanley A. Boone on 12/11/2018. (Lundstrom, T)
November 20, 2018 Opinion or Order Filing 20 ORDER Referring Case to Post-Screening ADR and Staying Case for 120 Days signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2018. Settlement Conference set for 2/28/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)
August 14, 2018 Opinion or Order Filing 14 ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Certain Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 08/13/2018. (Flores, E)
July 10, 2018 Opinion or Order Filing 12 ORDER Directing Clerk of Court to Randomly Assign District Judge to Action; FINDINGS and RECOMMENDATIONS Regarding Dismissal of Certain 1 Claims and Defendants signed by Magistrate Judge Barbara A. McAuliffe on 07/10/2018. Referred to Judge O'Neill; Objections to F&R due by 7/27/2018. (Flores, E)
November 16, 2017 Opinion or Order Filing 8 ORDER Regarding Letter from Plaintiff re: Service of Process 6 ; ORDER Regarding Letter from Plaintiff re: Payment of Filing Fee; ORDER DIRECTING Clerk of Court to Re-serve October 4, 2017 Order on Sheriff of Kings County Jail, signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. (Sent Order No. 4 and IFP application to : Sheriff of the Kings County Jail at, Attn: Inmate Trust Account, 1570 Kings County Drive Hanford, California 93230; and at P.O Box 1699 Hanford, CA 93230, as directed in this order)(Martin-Gill, S)
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Plaintiff: Marco A Garcia
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Defendant: Ruben Garcia
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Defendant: Blake Bursiaga
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Defendant: Collier
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Defendant: Fowler
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