Lopez v. Cook, et al
| Andrew R. Lopez |
| S. Cook, M Garate, K Holmes, T C/O, R - McKean, C - Adams, R Johnson, J Harrison, P. Statti, M. Martinez, D Shaver, A Nergenah, N McClure, D Morton, - Vanderville, J Gillam, S Babbich, T. Bartos and Jackson |
| 2:2003cv01605 |
| July 17, 2003 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Dale A. Drozd |
| Garland E. Burrell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
525
ORDER signed by District Judge Kimberly J. Mueller on 8/9/2017 GRANTING 520 Motion for Reconsideration and VACATES the $4,000 award for the costs plaintiff purportedly incurred serving subpoenas in connection with his first trial. Plaintiff may file a new motion for costs supported by affidavit as required by 28 U.S.C. § 1924 within fourteen days of the date this order is filed. (Washington, S)
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Filing
519
ORDER signed by District Judge Kimberly J. Mueller on 12/19/2016 GRANTING 508 Amended Motion for Attorneys' Fees; AWARDING the plaintiff $1.50 for attorneys' fees and $4,000.00 for costs. (Michel, G.)
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Filing
502
FINAL JURY INSTRUCTIONS PHASE TWO signed by District Judge Kimberly J. Mueller on 1/28/2016. (Zignago, K.)
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Filing
497
REPLY signed by District Judge Kimberly J. Mueller on 01/27/16 re 496 Jury Note. (Jackson, T)
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Filing
492
REPLY signed by District Judge Kimberly J. Mueller on 01/26/16 re 490 Jury Note and 491 Jury Note. (Jackson, T)
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Filing
480
ORDER denying in part 438 Motion in Limine signed by District Judge Kimberly J. Mueller on 1/20/16: Plaintiff's expert witness Daniel Vasquez will be permitted to provide opinion testimony focused on the question of the identity of the critical decision-maker at the first phase of trial, subject to the ability of the defense to depose for Mr. Vasquez for up to two (2) hours prior to his testimony and to identify a potential rebuttal witness. (Kaminski, H)
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Filing
461
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/07/16 ordering the Custodian to produce Andrew R. Lopez on 1/25/16 at 8:30 a.m. in courtroom 3 before Judge Kimberly J. Mueller. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)( 3 certified copies of this writ served on the Warden, CSP-Corcoran. Courtesy copy sent by fax to the litigation coordinator at CSP-Corcoran at 559-992-7372. (Plummer, M) Modified on 1/7/2016 (Plummer, M).
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Filing
458
ORDER signed by Judge Kimberly J. Mueller on 9/25/2015 ORDERING that the parties request that dates for hearing on motions in limine, for proposed jury instructions, for proposed voir dire, and for trial date be continued is GRANTED. The hearing on 428 , 429 , 430 , 431 , 432 , 434 , 435 , 436 , 437 , 438 , 439 , 440 , 441 motions in limine is CONTINUED to 1/15/2016 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller and the trial is CONTINUED to 1/25/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties shall file any proposed jury voir dire seven days before trial. The parties shall file any proposed jury instructions fourteen days before trial. (Zignago, K.)
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Filing
455
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 09/22/15 ordering the Custodian to produce Andrew R. Lopez on 10/13/15 at 8:30 a.m. in courtroom 3 before District Judge Kimberly J. Mueller. Custodi an 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)(3 certified copies sent to the Warden, CSP-Corcoran)(Courtesy copy sent by fax to the litigation coordinator at CSP-Corcoran at 559-992-7372) (Plummer, M) Modified on 9/23/2015 (Plummer, M).
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Filing
426
ORDER signed by Judge Kimberly J. Mueller on 9/4/15 ORDERING that the parties are granted seven days from the date of this order in which to file a short statement of their views on whether a further settlement conference in this matter is appropriate in view of the proposed settlement in Ashker or for any other reason.(Mena-Sanchez, L)
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Filing
424
ORDER signed by Judge Kimberly J. Mueller on 08/27/15 ORDERING that the 419 Motion for Reconsideration is DENIED. The court will not entertain any more motions for reconsideration, whether or not disguised as requests for correction, on the qualified immunity question. (Benson, A)
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Filing
415
ORDER signed by Judge Kimberly J. Mueller on 5/1/2015 CLARIFYING 410 Order on Motion for Summary Judgment; DIRECTING the Clerk of Court to correct the docket entry for 410 Order on Motion for Summary Judgment to identify Defendants S. Cook, K. Ho lmes, M. Martinez, and N. McClure as the defendants prevailing on summary judgment; CONFIRMING that the only remaining procedural due process issue to be tried is the identity of the critical decisionmaker; NOTING that no claim of substantive due pro cess violations remains to be tried; FINDING that it is well-settled that the question of qualified immunity is one of law, to be determined by a jugde, and that both prongs of the qualified immunity test are satisfied; PROHIBITING any defendant(s) found by the jury at trial to be the critical decisionmaker from raising a qualified immunity defense as a matter of law. (Michel, G.)
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Filing
410
ORDER signed by Judge Kimberly J. Mueller on 3/2/2015 ORDERING that Defendants' 393 Motion for Summary Judgment in favor of S. Cook, R. McKean, C. Adams, P. Statti, A. Nergenah, N. McClure, Jackson, and D. Morton is GRANTED. Defendants' 393 Motion for Summary Judgment in favor of R. Johnson, J. Harrison, and D. Shaver is DENIED. Plaintiff's 392 Motion for Summary Judgment is DENIED. The Final Pretrial Conference is set for 4/16/2015 at 3:30 p.m. The parties' joint pretrial conference statement is due by 3/26/2015. The trial is set for 6/1/2015, at 9:00 a.m. Trial briefs are due by 5/18/2015. (Zignago, K.)
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Filing
382
ORDER signed by Judge Kimberly J. Mueller on 6/12/14. Counsel's request to file his ex parte requests under seal is DENIED; and the Clerk of the Court is DIRECTED to return the documents to Attorney Robert Navarro. (Documents returned via U.S. Mail on 6/13/14). (Meuleman, A)
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Filing
376
ORDER granting 363 Motion re Attorney Visits signed by Judge Kimberly J. Mueller on 4/14/14. (Kaminski, H)
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Filing
368
ORDER signed by Judge Kimberly J. Mueller on 3/14/2014 ORDERING Plaintiff's 351 motion to consolidate in Lopez v. Cook, 2:03-CV-1605 KJM DAD, is DENIED without prejudice; the Clerk of the Court is directed to file a copy of this order in Lopez v. Schwarzenegger, 2:09-CV-1760 MCE AC; and a status conference is set for 4/17/2014 at 02:30 PM in Lopez v. Cook, 2:03-CV-1605 KJM DAD. (Reader, L)
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Filing
355
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 1/6/2014 ORDERING the custodian to produce Andrew R. Lopez #D-86271 to appear by telephonic-conferencing at California State Prison, Corcoran on 1/31/2014 at 3:30 p.m.. (cc: IT Sacramento) (3 Certified copies of Order and Writ Issued served on CSP-COR Warden and 1 copy faxed to Lit Coordinator.)(Yin, K)
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Filing
353
ORDER signed by Judge Kimberly J. Mueller on 12/23/2013. Plaintiff's 346 Motion for Reconsideration of Rule 50 Motions is DENIED. This case is SET for Status of Counsel Hearing on 1/31/2014 at 3:30 PM in Courtroom 3 (KJM) with attorney Frank Busch directed to be present. Clerk directed to serve a copy of Order on attorney Busch at address shown in text. [cc: Mr. Busch and Court's Telecom Manager] (Marciel, M)
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Filing
323
ORDER signed by District Judge Kimberly J. Mueller on 7/13/2011 ORDERING 321 Request filed by Andrew R. Lopez is DENIED; 322 MOTION to APPOINT COUNSEL filed by Andrew R. Lopez is DENIED; Office of the Attorney General is ORDERED to file a status report with this court on 7/18/2011, regarding the steps it has taken, and that officials at CSP-Corcoran also have taken, to ensure plaintiff's access to his legal materials. (Waggoner, D)
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Filing
319
ORDER signed by District Judge Kimberly J. Mueller on 6/21/2011 ORDERING that Pltf's 305 request is DENIED. The court also DENIES Pltf's suggestion that defense counsel should be sanctioned. (Zignago, K.)
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Filing
317
ORDER signed by District Judge Kimberly J. Mueller on 06/14/11 ORDERING that plf's 315 Notice of Obstruction of meaningful court access, Request for OSC and for Extension of Time is DENIED. Plaintiff is instructed that this case is CLOSED pending disposition of the 305 motion for judgment as a matter of law. The court will not consider any further submissions. (Benson, A.)
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Filing
296
ORDER signed by District Judge Kimberly J. Mueller on 4/8/11 ORDERING parties are INSTRUCTED that the court will enforce page limits with respect to any motion filed in this case. (Carlos, K)
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Filing
283
ORDER signed by District Judge Kimberly J. Mueller on 3/27/11 ORDERING that plaintiff's request 280 is DENIED and the above-referenced portions of plaintiff's trial brief will not be considered by the court or parties to this action. The court hereby DIRECTS the Clerk to return, without filing, any pleading, letter, motion, request, or notice presented after the filing of this motion, after making a notation on the docket showing the title a party has given the document. The Clerk is DIRECTED to transmit a copy of this order expeditiously to plaintiff by providing a copy by e-mail or facsimile to the Litigation Coordinator at the institution where plaintiff is incarcerated and requesting immediate delivery to plaintiff. (cc copy faxed to Litigation Coordinator) (Becknal, R)
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Filing
281
AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 03/23/11 ORDERING the custodian to produce Everette Gonzalez via video conferencing at 04/04/11 at 1:30 p.m. before Judge Kimberly J. Mueller. 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. (cc: I.T. Department)(Plummer, M)
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Filing
275
ORDER signed by District Judge Kimberly J. Mueller on 3/23/2011. This matter comes before the Court upon Everett Gonzalez's Request to be excused from appearing as a witness at upcoming Trial in matter. While the Court will not excuse Mr. Gonzalez, it is mindful of his medical condition. Therefore the Court is ORDERING Mr. Gonzalez to testify at Trial beginning 4/4/2011 via videoconference. An Amended Writ of Habeas Corpus Ad Testificandum will be issued accordingly. (Marciel, M)
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Filing
266
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 3/4/11 ORDERING the Custodian to produce Everette Gonzalez at 09:00 a.m on 4/4/11 in Courtroom 3 before Judge Kimberly J. Mueller. Custodian is 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)(Matson, R)
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Filing
263
ORDER signed by District Judge Kimberly J. Mueller on 3/3/11 ORDERING Page 4, line 8 of Pretrial Order is corrected to read "November 15, 2000." The Pretrial Order deletes the language on page 3, line 15 ("[o]n February 2, 2000, defend ant Garate...."). Claims One and Two are hereby merged. Defendants Holmes and Martinez are dismissed from this action. Plaintiff's request for leave to add a new defendant, Mr. Matthew Cate, is denied. Plaintiff's request for the ad mission of additional witnesses, whose admission was denied in the Pretrial Order, is denied. The Magistrate Judge's denial of Plaintiff's request for the appointment of expert witnesses is affirmed. The specific felony convictions and disc iplinary records of Plaintiff and his incarcerated witness will not be admitted at trial; however, the felony convictions may be admissible if they involved dishonesty or the making of a false statement. Defendants will not use technology at trial t hat is unavailable to Plaintiff. Plaintiff will enjoy equal mobility as Defense counsel at trial. Terms such as "gang," "prison gang," and "institutional gang investigator" will not be precluded at trial or redacted fr om documents to be viewed by the jury. Plaintiff will be shackled only from the waist down in the presence of the jury, subject to the security concerns of security personnel. The Court is to be informed immediately if Plaintiff finds counsel. The parties will present the Court with proposed verdict forms, including special jury instructions, no later than March 21, 2011. The parties shall file and serve their trial briefs no later than fourteen days prior to the date of trial. The jury trial will commence on Monday, April 4, 2011 at 9:00 a.m.(Matson, R)
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Filing
259
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 1/26/11 ORDERING the Custodian to produce Andrew R. Lopez via video conferencing at 11:00 am on 2/16/11 before Judge Kimberly J. Mueller. 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. (cc: IT Dept)(Dillon, M)
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Filing
248
ORDER signed by Judge Garland E. Burrell, Jr on 12/15/10 ORDERING that Upon reconsideration, the order and amended order of the magistrate judge filed December 3, 2010 244 and 245 , are affirmed; Plaintiff's requests filed on January 22, 2009 185 are denied; Plaintiff's December 9, 2010 request for appointment of counsel and that dates for the filing of pretrial statements by the parties, pretrial conference, trial confirmation hearing and trial be vacated 247 , are denied. The parties are required to comply with the deadlines set in the court's December 3, 2010 order 244 . (Becknal, R)
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Filing
245
AMENDED 217 ORDER signed by Magistrate Judge Dale A. Drozd on 12/3/10 ORDERING that defendants counsel shall make any inquiries that might be helpful in expediting Mr. Bishops access to his client; Plaintiffs motion for a limited re-opening of disc overy shall be filed and served on or before July 16, 2010; defendants opposition to the motion shall be filed and served on or before July 30, 2010; plaintiffs reply, if any, shall be filed and served on or before August 6, 2010; and plaintiffs moti on for a limited re-opening of discovery will be heard before the undersigned on August 13, 2010 at 10:00 a.m. in Courtroom 27. Plaintiffs April 8, 2010 motion requesting appointment of counsel 212 and other requests are denied as moot due to the appointment of counsel; and Plaintiffs 213 objections to the courts March 31, 2010 order is disregarded since the objections were filed after the appointment of counsel. The court will disregard any further motions or documents that are not filed by counsel on plaintiffs behalf.(Dillon, M) Modified on 12/6/2010 (Yin, K).
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Filing
240
ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/10 ordering this action shall proceed with th settlement conference set for 12/02/10 at 10:00 a.m. before the undersigned and the writ of habeas corpus ad testificandum issued on 10/21/10, and d irected to the Warden at California State Prison Corcoran to compel plaintiff's personal presence at the scheduled settlement conference shall remain in full force and effect. The parties are relieved of the requirement of submitting a confiden tial settlement conference statement under the court's 09/22/10 order, defendants may nontheless submit a confidential statement setting forth their position with respect to settlement, on or before 11/30/10. Plaintif's 11/17/10 applicatio n for an order shortening time to hear plaintiff's amended ex parte application to continued trial and trial related dates 239 is granted. The court will hear appointed counsel's motions to withdraw 235 and plaintiff's amended ex parte application to continue trial and trial related dates 238 , if necessary, at the conclusing of the settlement conference on 12/02/10. A copy of this order shall be mailed to plaintiff Andrew Lopez at California State Prison Corcoran. (Copy of this order mailed to Andrew Lopez at CSP-Corcoran). (Plummer, M)
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Filing
237
ORDER signed by Magistrate Judge Dale A. Drozd on 11/10/10 DENYING 233 Motion ; DENYING 236 Motion to Appoint Counsel. Pursuant to the courts order, filed on 9/22/10, the settlement conference set for 12/2/10 at 10:00 a.m. before the undersigned shall proceed as scheduled, and the parties shall submit their confidential settlement conference statements by 11/24/10. The writ of habeas corpus ad testificandum, issued on 10/21/10, and directed to the Warden at California State Prison - Corcoran to compel plaintiffs presence at the scheduled settlement conference shall remain in full force and effect; and a copy of this order shall be served on plaintiff Andrew Lopez at California State Prison - Corcoran. (Dillon, M)
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Filing
230
ORDER signed by Magistrate Judge Dale A. Drozd on 10/22/10 ORDERING that the Warden and correctional staff at California State Prison - Corcoran, shall facilitate a telephone call between inmate Andrew Lopez and his attorney, William Daley Bishop, Jr ., to be placed on 10/26/10 at 10:00 a.m. and shall continue, without interruption, for a maximum of 120 minutes or until completed, whichever is earlier. Correctional staff shall initiate the phone call by calling Mr. Bishops direct line at (916) 49 8-7008. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others.Correctional staff, however, may keep inmate Lopez under visual surveillance during the conversation.(Dillon, M)
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Filing
229
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 10/20/2010 ORDERING the custodian to produce Andrew Lopez #D-86271, to meet w/ his atty at USDC at 8:30 AM, settlement conference immediatly following at 10:00 AM on 12/2/2010 in courtroom #27, before Magistrate Judge Dale A. Drozd; Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian w/ a copy of this writ. Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden-CSP Corcoran. (cc: OTCD-SAC) (Yin, K)
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Filing
228
ORDER signed by Magistrate Judge Dale A. Drozd on 9/10/2010 ORDERING that pltf's 219 motion to reopen discovery is DENIED; the 10/1/10 pltf's pretrial statement, the 10/29/10 dfts' pretrial statement, the 11/12/10 pretrial conference dates are VACATED; this case is set for settlement conference before Magistrate Judge Dale A. Drozd on 12/2/10 at 10:00 AM in Courtroom 27; Pretrial Conference is set for 1/31/2011 at 01:30 PM and Trial is set for 3/22/2011 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..(Yin, K)
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Filing
217
ORDER signed by Magistrate Judge Dale A. Drozd on 06/17/10 ordering defendants counsel shall may any inquiries that might be helpful in expediting Mr. Bishop's access to his client. Plaintiff's motion for a limited re-opening of discovery shall be filed and serve on or before 07/16/10; defendants' opposition to the motion shall be filed and served on or before 07/30/10; plaintiff's reply, if any, shall be filed and served on or before 08/06/10; and plaintiff's motion fo r a limited re-opening of discovery will be heard before the undersigned on 08/13/10 at 10:00 a.m. in courtroom 27. Plaintiff's 04/08/10 motion requesting appointment of counsel 212 and other requests are denied as moot due to the appointment of counsel. Plaintiff's 04/16/10 objections to the court's 03/31/10 order 213 is disregarded since the objections were filed after the appointment of counsel. The court will disregard any further motions or documents that are not filed by counsel on plaintiff's behalf.. (Plummer, M)
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Filing
210
ORDER signed by Magistrate Judge Dale A. Drozd on 04/07/10 ordering William Bishop is appointed attorney for plaintiff. ( Status Conference set for 5/28/2010 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The Clerk of the court shall serve a copy of this order on plaintiff Andrew Lopez at California State Prison Corcoran and on William Bishop at Seyfarth Shaw, 400 Capitol Mall, Suite 400, Sacramento, CA 95814. (Plummer, M)
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Filing
208
ORDER signed by Magistrate Judge Dale A. Drozd on 03/30/10 ordering the trial set for May 4, 2010 before the Honorable Garland E. Burrell is vacated. Plaintiff's request that the court refer this case for possible appointment of counsel 193 , 196 , 200 , 203 and 206 are granted. The court will notify plaintiff within 8 weeks whether pro bono counsel has been obtained to represent him at the trial of this action. Until that time plaintiff is instructed to file no further duplicativ e requests or motions with the court. Plaintiff's request concerning the attendance of witnesses at trial and the appointment of expert witnesses 191 , 201 , 202 are denied. Plaintiff's requests concerning defendants' witnesses H ansen, Singletary and Farris 195 , 197 and 198 are denied. Plaintiff's request concerning photocopying of his documents, grievances, and central file 193 and 194 are denied. Plaintiff's 02/22/10 request for preliminary and perman ent injunction 204 is denied as defective. Within 21 days from the service of this order, counsel for defendants shall provide the court with the following information: a) the names of those defendants that counsel represents b) clarification as t o whether counsel or prior defense counsel have been in contact with unserved dismissed defendants Hansen, Singletary and Farris and c) how defense counsel was able to locate these individuals when the U.S. Marshal was unabe to execute service upon them.. (Plummer, M)
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Filing
199
ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/09 ordering jury trial set for 10/27/09 before the Honorable Garland E. Burrell is vacated. This matter is set for jury trial before the Honorable Garland E. Burrell on 05/04/10 at 9:00 a.m. in courtroom 10. (Plummer, M)
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Filing
184
ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 01/15/09 re 178 Findings and Recommendations; dfts' 157 Motion for Summary Judgment is GRANTED in part and DENIED in part; pltf's 11/26/08 181 request to supplement his objections is GRANTED; pltf's 10/24/08 179 180 requests for the appointment of counsel are DENIED; pltf's 10/24/08 180 request for summary judgment is DENIED. (Manzer, C)
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