Chappell v. Pliler, et al
| Rex Chappell |
| C. K. Pliler, T Rosario, S Stiles, Thomas P. Goughnour and S. Vance |
| 2:2004cv01183 |
| June 21, 2004 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Dale A. Drozd |
| Lawrence K. Karlton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| 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
143
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 11/15/2018 ORDERING the Custodian to produce Benjamin Washington at 9:00 a.m. on 12/3/2018 in Courtroom 2 before the Honorable District Judge Troy L. Nunley. 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) (3 Certified copies served on Warden, California State Prison Richard J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179 and faxed to Litigation Coordinator 619-661-6353) (Henshaw, R)
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Filing
139
ORDER signed by District Judge Troy L. Nunley on 11/14/2018 GRANTING 126 Motion to Substitute Party. Rosario Family Trust added as successor for Defendant Rosario. T Rosario terminated. (Donati, J)
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Filing
136
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/7/18 DISMISSING Plaintiff's Eighth Amendment claim related to denial of adequate food, with each party to bear its own attorney's fees and costs. The case shall proceed solely on Plaintiff's Eighth Amendment claim regarding denial of outdoor exercise. (Mena-Sanchez, L)
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Filing
122
ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 ORDERING, within 30 days, the parties shall file with the court a joint statement of undisputed facts and disputed factual issues.(Yin, K)
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Filing
119
ORDER signed by Magistrate Judge Deborah Barnes on 11/28/2017 GRANTING 112 Motion for Attendance of Incarcerated Witnesses at Trial. At the appropriate time, the court will issue separate writs of habeas corpus ad testificandum. (York, M)
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Filing
117
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/13/17 ORDERING that the deadline for defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial statement and an opposition to the attendance of incarcerated witnesses for trial shall be extended to 11/17/17. (Plummer, M)
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Filing
115
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/30/2017 and agreed between the parties to EXTEND the deadline for defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial statement and an opposition to the attendance of incarcerated witnesses for trial to 11/10/2017. (Yin, K)
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Filing
113
ORDER signed by Magistrate Judge Deborah Barnes on 10/13/17: Settlement Conference set for 1/18/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)
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Filing
109
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 8/11/2017 EXTENDING plaintiff's deadline to file his pretrial statement to 10/13/2017. Defendants' pretrial statement is due on or before 10/27/2017.(Yin, K)
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Filing
106
ORDER signed by Magistrate Judge Deborah Barnes on 5/24/17 granting 105 Motion for Extension of time. The court's 4/14/17 scheduling order is amended. By 08/14/17, plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. By 08/28/17, defendants shall file their pretrial statement. (Plummer, M)
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Filing
103
ORDER ADOPTING 102 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 02/28/17 ORDERING that defendants' 88 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: Defendants' motion for summary judgement on Plaintiff's Eighth Amendment claims regarding the denial of outdoor exercise and adequate food is DENIED; Defendants' motion for summary judgment on Plaintiff's Eighth Amendment claim for denial of personal hy giene items and First Amendment claims is GRANTED; Defendants' motion for summary judgment with respect to the defense of qualified immunity is DENIED; Plaintiff's Fourteenth Amendment equal protection and due process claims, his state l aw claims and his Eighth Amendment claim challenging the banning of tobacco from CSP-Sacramento are DISMISSED for failure to state a cognizable claim. The case shall proceed solely on Plaintiff's Eighth Amendment claims regarding denial of outdoor exercise and adequate food. (Benson, A)
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Filing
102
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/23/2017 VACATING the 6/11/2009 findings and recommendations 55 ; and RECOMMENDING defendants' 88 motion for summary judgment be granted in part and denied in part. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (See F&R for Details) (Yin, K)
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Filing
97
ORDER signed by Magistrate Judge Allison Claire on 4/22/16 ORDERING that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion for summary judgment. (Dillon, M)
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Filing
87
ORDER denying 80 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 09/25/15. (Plummer, M)
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Filing
85
ORDER signed by Magistrate Judge Dale A. Drozd on 08/20/15 ordering that within 45 days of the date of this order, the parties shall file supplemental briefs addressing the application of the decision in Norwood to this case and their positions with respect to defendants' motion for summary judgment generally. (Plummer, M)
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Filing
76
ORDER signed by Judge Lawrence K. Karlton on 2/12/2013 ORDERING that the 70 findings and recommendations are ADOPTED in full. Plaintiff's 60 , 67 motions for sanctions are denied. (Zignago, K.)
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Filing
74
ORDER signed by Judge Lawrence K. Karlton on 12/17/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/20/12 63 are ADOPTED in full; Plaintiff's MOTION to Reinstate the case to the active calendar 59 is GRANTED; and the Stay issued 9/4/09 is LIFTED; And Plaintiff's MOTIONS to reinstate the case to the active calendar 60 and 61 are DENIED as duplicative.(Mena-Sanchez, L)
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Filing
70
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/06/12 ordering defendants' motion to respond to the court's 09/20/12 order beyond time 65 is granted and plaintiff's response to the 09/20/12 order to show cause is deemed timely. Plaintiff's 10/19/12 motion for appointment of counsel 68 is denied. Also, RECOMMENDING that plaintiff's motions for sanctions 60 and 67 be denied. Motions 60 and 67 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
63
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 09/19/12 ORDERING plaintiff's motion to reinstate the case, motion for recusal and motion for sanctions 60 is denied in part. Plaintiff's motion for recus al is denied. Defendants shall file a response to plaintiff's motion for sanctions 60 and show cause why sanctions should not be imposed within 14 days of the date of this order. Also, RECOMMENDING that plaintiff's motion to return the case to the active calendar 59 be granted and the stay issued 09/04/09 be lifted; and plaintiff's motion to reinstate the case to active calendar 60 , 61 be denied as duplicative. Motions 59 , 60 , 61 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
57
ORDER signed by Senior Judge Lawrence K. Karlton on 9/4/09: This action is STAYED pending the Court of Appeals' resolution of the motion for rehearing en banc in Norwood v. Vance. The defendants SHALL notify the court within twenty days of the resolution of that motion. (Kaminski, H)
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