Harris v. Sexton, et al.
| Earnest S Harris |
| Sexton, Aguirre, Stewart, Lambert and Guierrez |
| 1:2018cv00080 |
| January 18, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kings |
| Stanley A. Boone |
| Dale A. Drozd |
| 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
110
ORDER signed by Magistrate Judge Deborah Barnes on 9/18/2023 VACATING the 108 Order filed on 9/8/2023. (Yin, K)
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Filing
108
ORDER signed by Magistrate Judge Deborah Barnes on 9/8/2023 ORDERING, within 30 days, defendant Flores shall file a response to the 42 second amended complaint. (Yin, K)
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Filing
107
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/10/23 REASSIGNING case from District Judge Daniel J. Calabretta to District Judge Kimberly J. Mueller; the new case number is: 1:18-cv-0080 KJM DB (cc: DJC). (Benson, A.)
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Filing
106
ORDER signed by Magistrate Judge Deborah Barnes on 7/3/2023 DENYING plaintiff's 93 motion to amend his second amended complaint, without prejudice to its renewal. Within 30 days, plaintiff shall file any renewed motion to amend the second amended complaint. (Yin, K)
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Filing
101
ORDER signed by Magistrate Judge Deborah Barnes on 3/9/2023 ORDERING that Within thirty days of the filed date of this order, defendants shall file a response to plaintiff's 5/6/2022 93 Motion to amend; and Within twenty days after he is served with defendants' response, Plaintiff may file a reply.(Mena-Sanchez, L)
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Filing
100
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/23 ADOPTING in full 90 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 66 plaintiff's Motion to Amend the Complaint (see order for further details). D efendant's 87 motion to strike the amended complaint filed 12/27/21 is GRANTED. Defendant Sexton is DISMISSED from this action. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)
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Filing
98
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/8/2022 ORDERING that within fourteen (14) days from the date of this order counsel for defendants shall file a statement explaining what, if any, impact the settlement reached in the Lipsey complaint-in-intervention in Coleman, has on this action.(Mena-Sanchez, L)
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Filing
92
ORDER signed by Magistrate Judge Deborah Barnes on 05/09/22 GRANTING 91 Motion for Extension of Time. Plaintiff shall file any objections to the findings and recommendations, within 30 days of the date of this order.(Licea Chavez, V)
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Filing
90
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/30/22 GRANTING 71 motion for extension of time; DENYING 83 motion for an instant ruling on the motion to amend complaint; DENYING 86 Motion to intervene to its renewal in Coleman v. Newsom, 2:90-cv-520 KJM DB P; DENYING 89 motion to vacate the dispositive motion deadline. Also, RECOMMENDING that plaintiff's February 18, 2021 motion to amend the SAC 66 be granted in part and denied in part as fo llows: a. Plaintiff's motion to supplement his SAC with an Eighth Amendment claim and a First Amendment claim against defendant Flores be granted; and b. Plaintiff's motion to supplement or amend the SAC be denied with respect to the additi on of claims that Guard One is being used inappropriately on non-Coleman class members, that defendant Flores violated plaintiff's rights under the PREA, and that CDCR violated an order in Coleman by allowing psychiatric technicians, rather than custody staff, to conduct the Guard One checks. Defendant's motion to strike 87 the amended complaint filed December 27, 2021 be granted. Defendant Sexton be dismissed from this action. Motions 66 , 87 referred to Judge Kimberly J. Mueller. Objections due within 30 days.(Plummer, M)
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Filing
84
ORDER ADOPTING 58 61 Findings and Recommendations in full signed by Chief District Judge Kimberly J. Mueller 11/09/21 DENYING 57 Motion for emergency injunction; DENYING 60 Motion for TRO; GRANTING 75 Motion for new scheduling order; GRANTING 82 Motion for a new scheduling order; REFERRING case back to the assigned magistrate judge for resolution of 66 plaintiff's motions to amend the complaint and for 71 extension of time to file a reply brief, issuance of a new scheduling order, and further pretrial proceedings. (Benson, A.)
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Filing
78
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/21/2021 GRANTING 77 Request to Seal. (Reader, L)
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74
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/4/2021 GRANTING 73 Motion to Lift Stay, DIRECTING defendants to file a Dispositive Motion or a Motion for a New Scheduling Order within 30 days. (Coll, A)
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Filing
70
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 STAYING this action pending resolution of the motion for rehearing en banc in Rico v. Ducart, No. 19-15541. The Clerk of the Court is DIRECTED to administratively close this cas e. Either party may file, as appropriate, a motion to reopen this action, to dismiss this action, or to extend the stay within 30 days of the resolution of motion for rehearing en banc Rico v. Beard. This action will remain stayed unless a timely motion is filed in accordance with this order. CASE CLOSED. (Tupolo, A)
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Filing
61
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 8/11/2020 RECOMMENDING plaintiff's 60 motion for a temporary restraining order be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 30 days. (Yin, K)
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Filing
58
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/11/19 DENYING 57 plaintiff's motion to compel. Also, RECOMMENDING that plaintiff's motion for an emergency injunction 57 be denied. Motion 57 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
52
FINDINGS and RECOMMENDATION Recommending to Grant Defendants' 50 MOTION to STAY the Proceedings, signed by Magistrate Judge Stanley A. Boone on 9/10/19. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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Filing
49
ORDER STRIKING 48 Plaintiff's Reply to Defendants' Answer and Demand for Trial signed by Magistrate Judge Stanley A. Boone on 5/29/2019. (Jessen, A)
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Filing
45
ORDER Extending Discovery and Scheduling Order to Defendant P. Vera, signed by Magistrate Judge Stanley A. Boone on 4/24/19. (Gonzalez, R)
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Filing
40
ORDER Denying Plaintiff's 39 Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 01/29/2019. (Flores, E)
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Filing
35
ORDER LIFTING STAY of Proceedings; ORDER VACATING March 26, 2019 Settlement Conference signed by Magistrate Judge Stanley A. Boone on 1/8/2019. (Sant Agata, S)
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Filing
33
ORDER Referring Case to Post Screening ADR and Staying Case for 120 Days,signed by Magistrate Judge Stanley A. Boone on 12/20/18. Case stayed(Stay: 120-Day Deadline), ( Settlement Conference set for 3/26/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe) (Martin-Gill, S)
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Filing
31
ORDER DIRECTING Defendants to File a Response to the Complaint within Fourteen (14) Days signed by Magistrate Judge Stanley A. Boone on 12/6/2018. (Sant Agata, S)
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Filing
30
ORDER Adopting 28 FINDINGS AND RECOMMENDATIONS, DENYING Defendants' 19 Motion to Dismiss, and REFERRING Matter back to Magistrate Judge for Further Proceedings signed by District Judge Dale A. Drozd on 12/4/2018. (Sant Agata, S)
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Filing
28
FINDINGS and RECOMMENDATIONS Regarding Defendants' 19 Motion to Dismiss signed by Magistrate Judge Stanley A. Boone on 8/5/18. Objections to F&R Due Within Thirty Days. (Marrujo, C)
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Filing
26
ORDER DENYING Plaintiff's Motion to Modify and/or Terminate a Court Order 23 , signed by Magistrate Judge Stanley A. Boone on 8/14/2018. (Hellings, J)
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18
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DENYING Request for Preliminary Injunctive Relief 9 , signed by District Judge Dale A. Drozd on 6/21/2018. (Hellings, J)
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Filing
9
ORDER Directing Clerk of Court to Randomly Assign a District Judge to This Action - CASE ASSIGNED to District Judge Dale A. Drozd and Magistrate Judge Stanley A. Boone. New Case No. 1:18-cv-00080 DAD SAB (PC); FINDINGS and RECOMMENDATIONS Recommending Plaintiff's Motion for Emergency Injunctions be Denied 1 , signed by Magistrate Judge Stanley A. Boone on 3/15/2018: 21-Day Deadline. (Hellings, J)
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