Lopez v. Peterson, et al
| 2:1998cv02111 |
| October 28, 1998 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Edmund F. Brennan |
| James K. Singleton |
| Defendant |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
492
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/5/2017 DISMISSING this CASE with prejudice. CASE CLOSED. (Donati, J)
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Filing
488
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/5/2017 ORDERING the Custodian to produce Andrew Rick Lopez at 9:00 a.m. on 8/11/2017 in Courtroom #25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)
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Filing
486
ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS FOR PRISONER SETTLEMENT PROGRAM signed by Magistrate Judge Edmund F. Brennan on 6/21/2017. Within 30 days, the parties shall each submit confidential statements as described within this order. (cc: ADR)(Yin, K)
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Filing
485
ORDER adopting in full 476 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 6/16/17. Plaintiff's 458 motion for summary judgment is DENIED. Defendants' 466 motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff's 465 motion for substitution of deceased defendant is DENIED as moot. (Kastilahn, A)
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Filing
480
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/2017 APPROVING the parties' stipulation; the parties' objections to the findings and recommendations shall be filed on or before 3/22/2017.(Yin, K)
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Filing
478
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/2017 APPROVING the parties' stipulation to continue the filing date and objections to F&R may be filed on or before 3/9/2017.(Yin, K)
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Filing
476
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/8/17 RECOMMENDING that Plaintiff's motion for summary judgment (ECF No. 458 ) be denied; Defendants' motion for summary judgment (ECF No. 466 ) be granted i n part. The following claims should be dismissed: (a) Eighth Amendment claims against defendants Castro and D. Peterson; (b) Fourteenth Amendment claims against defendants Holmes, C.J. Peterson, andD. Peterson; (c) Fourteenth Amendment claims against defendants Babich, Baughman, and Diggs; (d) First Amendment claims against defendant Baughman; and (e) First and Fourteenth Amendment claims against defendant Reyes. Defendants' motion should be denied in all other respects. If the District J udge adopts the recommendation that the Fourteenth Amendment claim against defendant C.J. Peterson be dismissed, the court also recommends denying plaintiff's motion for substitution of deceased defendant (ECF No. 465 ) as moot. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
471
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/16 ORDERING that plaintiff' s single brief, consisting of a reply and an opposition to defendants' motion for summary judgment is due by Thursday, August 18, 2016. Defendants' reply is due by August 31, 2016. The hearing is to be held Wednesday September 14, 2016 at 10:00 a.m.(Dillon, M) Modified on 7/28/2016 (Dillon, M).
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Filing
455
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/16 ORDERING that the status conference currently scheduled for Wednesday, March 30, 2016, be moved to Wednesday, April 27, 2016, for the purpose of facilitating plaintiffs counsels visitation with his client and preparing a status conference report. (Dillon, M)
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Filing
451
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/16 ORDERING that the status conference currently scheduled for Wednesday, March 2, 2016, be moved to Wednesday, March 30 April 6, 2016, for the purpose of facilitating plaintiff's counsel's clearance at PBSP and visitation with his client. (Dillon, M)
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Filing
447
ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/15 ORDERING that plaintiff's 439 Motion for Reconsideration is DENIED. (Benson, A)
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Filing
428
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/15 ORDERING that plaintiffs objections (ECF No. 426 ) are overruled (Dillon, M)
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Filing
425
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/15 GRANTING 417 Motion to Compel and defendant Holmes is granted 30 days within which to serve his response to plaintiffs request for production number 18.(Dillon, M)
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Filing
424
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/2015 DENYING plaintiff's 423 "motion to strike" and motion for the appointment of counsel. (Yin, K)
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Filing
422
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/17/2015 and agreed between the parties to MODIFY the Scheduling Order. Dispositive Motions shall be filed on or before 10/30/2015. (Yin, K)
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Filing
420
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/3/15. Dispositive Motions due by 9/11/2015. (Dillon, M)
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Filing
416
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/2014 ORDERING that the hearing currently set for 1/21/2015 is dropped from calendar.(Yin, K)
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Filing
414
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/9/14 ORDERING that Fact Discovery shall close on March 27, 2015; Expert Disclosures to be made no later than April 30, 2015; Expert Discovery to close on June 5, 2015; Dispositive Motions to be filed no later than July 31, 2015. (Dillon, M)
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Filing
411
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/2014 VACATING the 8/27/2014 status conference; GRANTING plaintiff's request to withdraw and revise his pro se motion to compel and the clerk shall note on the docket that the 397 mo tion to compel is WITHDRAWN; non-expert discovery due by 12/17/2014; expert disclosures due on or before 1/16/2015; expert discovery due by 3/18/2015; dispositive motions due on or before 5/6/2015; and plaintiff's pro se 391 , 405 motions to vacate the discovery and dispositive motions deadlines and to stay this action until counsel makes an appearance are DENIED as moot. (Yin, K)
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Filing
408
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Robert Navarro is GRANTED. (Crouch, J)
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Filing
404
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/10/14 ordering ( Status Conference set for 8/13/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)
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Filing
403
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/8/14 ORDERING that Robert Navarro is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of conducting discovery only. Robert Navarros appointment will terminate when all discovery matters are closed in this action. The court will notify the parties when discovery is closed.(Dillon, M)
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Filing
400
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/14 denying plaintiff's miscellaneous motions 380 , 384 , 386 , 387 and 388 . Plaintiff's request for the appointment of counsel 379 , 385 and 391 is granted and the case is referred to Sujean Park, the court's pro bono coordinator. (cc: ADR Director) (Plummer, M)
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Filing
390
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/21/14 ORDERING that 382 motion for a seven-day extension to serve their responses to Plaintiffs first set of interrogatories and admission and production requests is granted, nunc pro tunc.(Dillon, M)
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Filing
372
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/13 ordering the parties in this action shall each, no later than 30 days from the date of this order, submit confidential settlement conference statements as described below. (See order for further details)(cc: ADR Director)(Plummer, M)
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Filing
367
ORDER ADOPTING 363 FINDINGS and RECOMMENDATIONS, in full and with exception of correction noted, signed by Judge Lawrence K. Karlton on 11/5/2013. Defendants' 8/30/2013 352 Motion to Dismiss is GRANTED as follows: (a) that claims encompassed by paragraphs 1, 5, 6, 7, 10, and 12 are DISMISSED without prejudice as unexhausted; (b) that claims encompassed by paragraph 2 based on alleged lockdown in place before 5/7/1999 are DISMISSED without prejudice as unexhausted; (c) that claims encomp assed by paragraph 3, except for those alleging retaliation by Wright, are DISMISSED with prejudice for failure to state a claim; (d) that claims encompassed by paragraph 4, except for those alleging retaliation by Wright, are DISMISSED without preju dice as unexhausted; (e) that claims encompassed by paragraph 8, except for due process claims against Holmes, C. Peterson, and D. Peterson are DISMISSED with prejudice for failure to state claim; and (f) claims against Runnels and Jennings encompass ed by paragraph 9 are DISMISSED with prejudice for failure to state a claim. This action proceeds SOLELY claims identified above against defendants Castro, D. Peterson, Wright, Holmes, C. Peterson, Babich, Baughman, Diggs, Reyes, and Haas. Those defendants are ordered to file an answer to Complaint within time provided in Rule 12 of the Federal Rules of Civil Procedure. (Marciel, M)
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Filing
363
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/31/13 ORDERING that plaintiff's request for appointment of counsel 359 , 360 is denied. Also, RECOMMENDING that defendants' 08/30/12 motion to dis miss 352 be granted as follows: a) that the claims encompassed by paragraphs 1,5,6,7,10 and 12 be dismissed without prejudice as unexhausted. b) that the claims encompassed by paragraph 2 based on the alleged lockdown in place before 05/07/99 be d ismissed without prejudice as unexhausted; c) that the claims encompassed by paragraph 3, except for those allegin retaliation by Wright be dismissed with prejudice for failure to state a claim.d) that the claims encompassed by paragraph 4, except fo r those allegin retaliation by Wright, be dismissed without prejudice as unexhausted. e)that the claims encompassed by paragraph 8, except for the due process claims against Holmes, C. Peterson, and D. Peterson be dismissed with prejudice for failure to state a claim. f) that the claims against Runnels and Jennings encompassed by paragraph 9 be dismissed with prejudice for failure to state a claim. That this action proceed solely on the claims identified above, against defendants Castro, D. Pet erson, Wright, Holmes, C. Peterson, Babich, Baughman, Diggs, Reyes and Hass and that they be ordered to file an answer to the complaint within the time provided in Rule 12 of the Federal Rules of Civil Procedure. MOTION to DISMISS 352 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
354
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/2012, DENYING plaintiff's 351 request for appointment of counsel. (Yin, K)
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Filing
350
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/12 ORDERING that the 3/9/12 findings and recommendations 345 are vacated; Defendants' motion to dismiss 333 is denied without prejudice; Within thirty days of the date of this order, defendants may re-file and re-serve their motion to dismiss. Defendants must contemporaneously serve with the motion, but in a separate document, a copy of the attached "Wyatt Notice," which provides plaintiff with notice of the requiremen ts for opposing a motion to dismiss for failure to exhaust; If defendants re-serve their motion, plaintiff may thereafter file and serve an amended opposition within thirty days. If plaintiff fails to file an amended opposition, the court will consider his existing opposition in resolving defendants' motion; If plaintiff files an amended opposition, defendants may thereafter file an amended reply within fourteen days. (Becknal, R)
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Filing
346
ORDER signed by Judge Lawrence K. Karlton on 3/19/12 ORDERING that the court's decision on plaintiff's request for reconsideration, 343 is STAYED pending resolution of Defendants' motion to dismiss. (Becknal, R)
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Filing
345
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/9/12 ORDERING that 344 Motion to Appoint Counsel; RECOMMENDING that 333 MOTION to DISMISS be granted in part (see order for further details). Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (Dillon, M)
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Filing
342
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/11 ORDERING 339 Motion is granted to the extent that plaintiff may file an amended opposition to defendants' motion to dismiss within 30 days of the date of this order and 340 Motion for Appointment of Counsel is denied. (Matson, R)
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Filing
337
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/27/2011 denying 335 Motion for Sanctions and Motion to Appoint Counsel; granting 336 Motion for Clarification; within 30 days, plaintiff shall file either (a) an opposition to the 4/14/2011 Motion to Dimiss, or (b) a statement indicating that plaintiff's 4/26/2011 filing serves as his opposition to the pending Motion to Dismiss. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed withouth prejudice. (Waggoner, D)
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Filing
332
ORDER adopting 323 FINDINGS AND RECOMMENDATIONS with the exception of the recommendation that claims previously dismissed by USCA be dismissed with prejudice, signed by Senior Judge Lawrence K. Karlton on 3/15/2011. Due process claims against dfts Selky and Keno and the double jeopardy claims are dismissed from this action with prejudice. Plaintiff's claims based on the 45 day delay in providing him medically prescribed shoes and his claim based on an alleged failure to treat his deviated septum are dismissed without prejudice. They may only be brought in a new action, if otherwise proper. Plaintiff is prohibited from re-filing these claims in this action.(Waggoner, D)
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Filing
323
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/14/2010 ORDERING that the allegations are sufficiant for claims against Singletary, Wright, Haas, Diggs, Babich, Baughman, McClure, South-Gilliam, Reyes, D. Pete rson, Holmes, C.J. Peterson, Castro, Park, Jennings and Runnels; dft Minnick's 322 request for screening of the second amended cmplt is DENIED as moot; and pltf's 320 motion for sanctions is DENIED; and RECOMMENDING that dfts Selky and Keno, the double jeopardy claims and the claims previously dismissed by the Ninth Circuit, including those against dfts Hooper and Munoz, be dismissed w/ prejudice; dfts Singletary, Wright, Haas, Diggs, Babich, Baughman, McClure, South-Gilliam, Reyes, D. Peterson, Holmes, C.J. Peterson, Castro, Park, Jennings and Runnels, be directed to, w/in 30 days, file a response to the complaint as herein narrowed. Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days.(Yin, K)
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