Cohea v. Pliler, et al
| Danny J. Cohea |
| J Colvin, D McCargar, S L Scarsella, V Lt. V. Rendon, D. Baughman, M A Micheels, R Yamamoto, S D Akin, D. Adams, A Gold, D Sanders and V. Rendon |
| 2:2000cv02799 |
| October 5, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Edmund F. Brennan |
| Frank C. Damrell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
352
ORDER signed by District Judge Garland E. Burrell, Jr. on 1/7/2016 DENYING 351 Motion for transcripts to be prepared at government expense. Plaintiff may bring the same motion in the Ninth Circuit. (Zignago, K.)
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Filing
350
ORDER signed by Judge Garland E. Burrell, Jr on 12/17/15 ORDERING that upon reconsideration, the order of the magistrate judge filed 9/28/15 is affirmed. The Clerk shall terminate docket entry number 347 .(Kastilahn, A)
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Filing
346
ORDER signed by Judge Garland E. Burrell, Jr., on 10/6/15 ORDERING that Plaintiff has not made a sufficient showing to amend the judgment on any of the referenced grounds. Therefore, Plaintiff's 333 motion is DENIED. (Kastilahn, A)
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Filing
344
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/25/15 ordering that plaintiff's motion for leave to proceed in forma pauperis on appeal 342 is denied as unnecessary. (Plummer, M)
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Filing
338
ORDER signed by Judge Garland E. Burrell, Jr on 9/4/15 ORDERING that Plaintiff's Motion to Vacate Judgment 333 is DENIED.(Mena-Sanchez, L)
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Filing
322
ORDER signed by Judge Garland E. Burrell, Jr on 7/27/15 ORDERING that Defendants' 7/7/15 motion to revoke writs of habeas corpus ad testificandum isgranted as to Mr. Martin and denied as to Mr. Rogers; the court hereby revokes the writ of habe as corpus ad testificandum issued to secure Mr.Martin's attendance at trial (ECF No. 283 ); and the Clerk is directed to serve a copy of this order on the Warden of Centinela State Prison, 2302 Brown Road, Imperial, CA, 92251, and to serve a courtesy copy of this order on the Centinela State Prison litigation coordinator via facsimile. (cc Out-to-Court Desk) (Becknal, R)
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Filing
320
ORDER re PROPOSED CLOSING JURY INSTRUCTIONS signed by Judge Garland E. Burrell, Jr on 7/24/15. (Kaminski, H)
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Filing
311
ORDER re PROPOSED TRIAL DOCUMENTS signed by Judge Garland E. Burrell, Jr on 7/20/15. (Kaminski, H)
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Filing
310
ORDER signed by Judge Garland E. Burrell, Jr., on 7/17/15 ORDERING that the Motions in Limine No. 1-2 298 , 299 lack the preciseness and sufficient factual context required for a pretrial in limine ruling. The Motions in Limine No. 1-3 300 are DENIED; and the Motions in Limine No. 4-5 300 are GRANTED. (Kastilahn, A)
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Filing
295
ORDER signed by Judge Garland E. Burrell, Jr. on 6/27/2015 DENYING 291 Motion for Reconsideration. (Zignago, K.)
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Filing
293
ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/24/15 ORDERING that plaintiffs May 21, 2015 motion(ECF No. 272 ) is granted in part and denied in part as follows: Plaintiffs motion to compel production of defend ants conduct records is denied; Plaintiffs motion to compel production of his deposition transcript is granted, and defendants shall provide a copy of the transcript to plaintiff within 14 days of the date of this order; and Plaintiffs motion to ex clude his disciplinary records is denied without prejudice. It is further RECOMMENDED that plaintiffs June 1, 2015 motion for a temporaryrestraining order (ECF No. 275 ) be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.. (Dillon, M)
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Filing
288
ORDER signed by Judge Garland E. Burrell, Jr. on 6/10/2015. Since plaintiff has not received a copy of 5/22/2015 270 Supplemental Pretrial Order, Clerk shall serve him with copy of it. Further, should plaintiff object to provisions prescribed in paragraph 2 on page 4 of that Order, he shall file written Objections no later than 6/22/2015. Any response to Objection shall be filed no later than 6/29/2015. (Marciel, M)
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Filing
286
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUE signed by Magistrate Judge Edmund F. Brennan on 06/09/15 ordering the Custodian to produce Juan Hilario Bautista on 7/28/15 at 9:00 a.m. in courtroom 10 before District Judge Garland E. Burrell. 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) (Plummer, M)
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Filing
276
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/5/2015 ORDERING that plaintiff's 259 motion to secure the attendance at trial of various incarcerated witnesses is GRANTED in part (as to witnesses Morris Rogers, Alonzo James, Joseph, Steve Martin, and Juan Hilario Bautista) and is otherwise DENIED; and plaintiff's 259 motion for an order requiring the USM to serve seven subpoenas on unincarcerated witnesses without prepayment of the witness fees and travel expenses is DENIED.(Yin, K)
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Filing
263
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 05/05/15 ordering the Custodian to produce Danny James Coheaon 05/18/15 at 10:00 a.m. in courtroom 8 before Magistrate Judge Barbara A. McAuliffe at the U.S. District Court 2500 Tulare Street, Fresno, CA 93721. 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 and BAM)(Plummer, M)
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Filing
261
ORDER signed by Judge Garland E. Burrell, Jr on 4/24/15 ADOPTING IN FULL 254 Findings and Recommendations; DENYING WITHOUT PREJUDICE 252 Motion for Order on Obstruction of Justice. (Meuleman, A)
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Filing
254
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/17/2015 RECOMMENDING that plaintiff's 252 "request for order on obstruction of justice related to obstruction of court order(s)" be denied without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days.(Yin, K)
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Filing
246
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/23/14 ordering that attorney Jonathan B. Paul is substituted as attorney of record in place of Michelle L. Angus for defendant Stephen L. Scarsella. (Plummer, M)
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Filing
240
ORDER signed by Judge Garland E. Burrell, Jr on 5/22/14 ORDERING the 4/8/13 motion for reconsideration 229 is hereby DENIED. (Becknal, R)
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Filing
236
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 ordering within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendan ts shall file a pretrial statement not later than 30 days after the filing of plaintiff's pretrial statement. The pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before a district judge will be set in the pretrial order. (Plummer, M)
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Filing
232
ORDER signed by Judge Garland E. Burrell, Jr. on 7/29/2013 ORDERING plaintiffs 9/19/2012 motion for reconsideration 219 is DENIED. In addition, the court finds that the volume of plaintiffs filings are excessive. ACCORDINGLY the court determines t hat it is appropriate to limit plaintiffs filings. In particular, any memorandum of points and authorities filed by plaintiff in support of or in opposition to a motion shall be no longer than 25 pages with a font size of 12 Times New Roman (or equivalent font) and shall not include single spacing except for block quotes. Any filings exceeding these limitations will be stricken. (Reader, L) Modified on 7/29/2013 (Cannarozzi, N).
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Filing
227
ORDER signed by Judge Garland E. Burrell, Jr on 3/25/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/25/13 224 , are ADOPTED in full, except the line: Plaintiff further claims that he was improperly assessed a 30-day credit loss for the 2/24/1998, 1998 RVR, appearing at page 11, lines 6-7 of the Findings and Recommendations. The court substitutes in its place: Plaintiff was assessed a 30-day credit loss for the 2/24/1998 RVR. 202 at 12. Defendants' 3/28/11 MOTION for Summa ry Judgment 201 is GRANTED in part, as follows: Summary judgment is GRANTED in favor of defendants Colvin, Scarsella, and Rendon on Plaintiffs claims related to the 2/24/1998 RVR; and Summary judgment is GRANTED as to all defendants on any subs tantive due process claim that may be alleged in the third amended complaint's third cause of action. Defendants' MOTION for summary judgment is DENIED in all other respects. Defendants' 3/28/11 MOTION to declare plaintiff a vexatious litigant 205 is DENIED. (Mena-Sanchez, L)
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Filing
226
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/2013 ORDERING plaintiff's complaints against the undersigned in 225 Objections to Findings and Recommendations filed by Danny J. Cohea are construed as a Motion for Recusal and are DENIED. (Waggoner, D)
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Filing
224
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/25/13 recommending that defendants' 03/28/11 motion for summary judgment 201 be granted in part as follows: That summary judgment be granted in favor of defendants Colvin, Scarsella and Rendon on plaintiff's claims related to the February 24, 1998 RVR. That summary judgment be granted as to all defendants on any substantive due process claim that pay be alleged in the third amended complaint's thir d cause of action. That defendants' motion for summary judgment be denied in all other respects. That defendants 03/28/11 motion to declare plaintiff a vexatious litigant 205 be denied. Motions 201 , 205 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
222
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/3/12 ORDERING that within 21 days of the date of this order, plaintiff shall submit a verification, signed under penalty of perjury, attesting that the pleadings or other filings upon which he relies in opposing defendants motions are based on personal knowledge. (Dillon, M)
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Filing
212
ORDER and RAND Notice signed by Magistrate Judge Edmund F. Brennan on 7/31/12 ORDERING that 201 and 205 Motions for Summary Judgment and to have plaintiff declared a vexatious litigant are DENIED without prejudice; Within 30 days of the date of this order, defendants may re-file and re-serve the March 28, 2011 motions for summary judgment and to have plaintiff declared a vexatious litigant. (Dillon, M)
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Filing
206
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/05/11 ordering the stay of the summary judgment deadline is lifted. Dispositive motions shall be filed on or before 04/29/11. Defendants 03/28/11 motions for summary judgment and to declare plaintiff a vexatious litigant are deemed timely filed. (Plummer, M)
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Filing
200
ORDER adopting 199 Findings and Recommendations and denying 196 Motion for Sanctions signed by Judge Frank C. Damrell, Jr. on 3/24/11. (Matson, R)
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Filing
199
ORDERING and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/2/11 ORDERING that defendants' August 8, 2009 request for monetary sanctions is denied; and RECOMMENDING that defendants' February 11, 2010 motion for terminating sanctions be denied. Referred to Judge Frank C. Damrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
195
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/1/09 ORDERING that the deadline for dfts motion for summary judgment is STAYED pending dfts' filing of their motion for terminating sanctions, and resolution of that motion. (Yin, K)
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Filing
188
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/02/09 granting 185 Motion to compel and plaintiff is ordered to serve a proper response to defendants' document requests, as explained herein, within 20 days of the date of this order. To the extent plaintiff is unable to produce responsive documents because they are: (a) among his legal materials that have been confiscated; or (b) unable to be photocopied, plaintiff shall, within 20 days of the date of this order, submit a declara tion to the court, detailing his efforts to obtain the requested documents, including copies of his requests to prison officials, and copies of the responses/denials from those prison officials. Thereafter, the court will rule on defendants' request for monetary sanctions. Plaintiff's request for judicial notice 181 is denied.. (Plummer, M)
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Filing
186
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/19/09 ORDERING that ptlf's 183 motion to compel is DENIED. (Yin, K)
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Filing
177
ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 4/6/2009, 174 in full; Defendants' 149 motion to dismiss the claims against defendants Flory, Hill, Kelly, Rosario, Saunders, Scogin, Sims and White, is GRAN TED; Plaintiff's 153 motion for reconsideration, filed with his brief in opposition to the motion to dismiss, is DENIED; Plaintiff's 151 motion for a temporary restraining order is DENIED; and Plaintiff's 160 , 161 , 163 Requests are DENIED. (Reader, L)
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