Chappell v. Pliler, et al
Plaintiff: Rex Chappell
Defendant: C. K. Pliler, T Rosario, S Stiles, Thomas P. Goughnour and S. Vance
Case Number: 2:2004cv01183
Filed: June 21, 2004
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Dale A. Drozd
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 15, 2018 Opinion or Order 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)
November 14, 2018 Opinion or Order 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)
November 9, 2018 Opinion or Order 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)
February 7, 2018 Opinion or Order 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)
November 29, 2017 Opinion or Order 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)
November 14, 2017 Opinion or Order 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)
October 30, 2017 Opinion or Order 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)
October 16, 2017 Opinion or Order 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)
August 14, 2017 Opinion or Order 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)
May 24, 2017 Opinion or Order 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)
March 1, 2017 Opinion or Order 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)
January 24, 2017 Opinion or Order 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)
April 25, 2016 Opinion or Order 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)
September 28, 2015 Opinion or Order Filing 87 ORDER denying 80 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 09/25/15. (Plummer, M)
August 21, 2015 Opinion or Order 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)
February 13, 2013 Opinion or Order 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.)
December 17, 2012 Opinion or Order 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)
November 7, 2012 Opinion or Order 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)
September 20, 2012 Opinion or Order 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)
September 4, 2009 Opinion or Order 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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Plaintiff: Rex Chappell
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Defendant: C. K. Pliler
Represented By: Kelli Marie Hammond
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Defendant: T Rosario
Represented By: Kelli Marie Hammond
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Defendant: S Stiles
Represented By: Kelli Marie Hammond
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Defendant: Thomas P. Goughnour
Represented By: Kelli Marie Hammond
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Defendant: S. Vance
Represented By: Kelli Marie Hammond
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