Woods v. Carey, et al
| Earnest Cassell Woods, II |
| Tom L. Carey and - Cervantes |
| 2:2004cv01225 |
| June 25, 2004 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Gregory G. Hollows |
| Lawrence K. Karlton |
| 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
403
ORDER signed by Magistrate Judge Allison Claire on 4/2/2019 ORDERING this case CLOSED and that any further filing will be DISREGARDED. (Huang, H)
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Filing
401
ORDER signed by Magistrate Judge Allison Claire on 2/21/2019 ORDERING Clerk of Court to disburse the $5,000.000 principle, plus any accrued interest, to Ms. McKinney. (Henshaw, R)
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Filing
400
ORDER signed by Magistrate Judge Allison Claire on 2/04/19 ORDERING within thirty days of service of this order, Ms. McKinney must return a completed Form W-9. Failure to return the form will result in the settlement proceeds being paid without any accrued interest. The completed Form W-9 should be returned to The Chambers of Magistrate Judge Allison Claire, 501 I St., Room 4-200, Sacramento, CA 95814. The completed form will not be filed on the docket and Ms. McKinneys personal information will be kept confidential by the court. The Clerk of the Court is directed to send Ms. McKinney a copy of this order and a Form W-9 to complete and return to this court.(Plummer, M)
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Filing
399
ORDER signed by Magistrate Judge Allison Claire on 12/6/2018 ORDERING Ms. McKinney to return a completed Form W-9, within 30 days of the service of this order, to The Chambers of Magistrate Judge Allison Claire, 501 I St., Room 4-200, Sacramento, CA 95814. (Henshaw, R)
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Filing
396
ORDER signed by Magistrate Judge Allison Claire on 10/29/18 DIRECTING defendant to, within 14 days, contact plaintiff to verify Ms. McKinney's current address and provide such address to the court and to notify the court whether plaintiff owed any restitution at the time of the settlement agreement. If plaintiff did owe restitution, defendant shall further notify the court whether any of the restitution remains outstanding and, if so, what portion of the settlement funds are to be applied to the restitution and where the funds should be sent.(Coll, A)
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Filing
384
ORDER signed by Magistrate Judge Allison Claire on 12/07/15 ordering plaintiff's motion for reconsideration 377 is construed as plaintiff's objections to the 11/18/15 order and findings and recommendations 374 . Defendant may respond wi thin 14 days of the filing of this order. Plaintiff's request to compel production of his paperwork 378 is denied. Plaintiff's motion for a subpoena 379 is denied. Plaintiff's motion to appoint counsel 380 is denied. Plaintiff's request to file a motion for preliminary injunction 380 is denied. Plaintiff's motion for leave to file a notice of appeal 381 is denied. (Plummer, M)
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Filing
376
ORDER signed by Magistrate Judge Allison Claire on 11/30/15 denying 375 Motion to Compel. The clerk of the court is directed to send plaintiff a copy of the 11/04/15 minute entry 370 . (Plummer, M)
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Filing
374
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/17/2015 ORDERING plaintiff's 373 motion to rescuse is DENIED; plaintiff's 360 motion for sanctions and judicial notice is DENIED; plaintiff's [36 0] motion for an evidentiary hearing is DENIED; and plaintiff's 350 , 361 motions for copies and appointment of counsel are DENIED. IT IS RECOMMENDED that defendant's 353 motion to enforce the settlement agreement be granted; with in 180 days of an order adopting these findings and recommendations, the CDCR shall pay $5,000.00 for the benefit of plaintiff's mother, Mildred McKinney, subject to any restitution owed by plaintiff, to the Clerk of the Court; this case be dismissed with prejudice; and Magistrate Judge Allison Claire shall retain jurisdiction of this case for purposes of enforcement of the settlement agreement. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (See F and R for Details)(Yin, K)
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Filing
366
ORDER signed by Magistrate Judge Allison Claire on 10/26/15 ordering that defendant's request for permission to invite the third-party beneficiary to participate in the 11/04/15 hearing 365 is granted. (Plummer, M)
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Filing
364
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 10/15/15 ordering the Custodian to produce Earnest Cassell Woods via telephonic conferencing at 11/04/15 at 1:30 p.m. in courtroom 26 before Magistrate Judge Allison Claire. 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. (Plummer, M)
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Filing
357
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 09/25/15 ordering the custodian to produce Earnest Cassell Woods, II via telephonic conferencing on 10/14/15 at 1:30 p.m. in courtroom 26 before Magistrate Judge Allison Claire. 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. (Plummer, M)
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Filing
355
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 09/25/15 ordering the custodian to produce Earnest Cassell Woods via telephonic conferencing on 10/14/15 at 1:30 p.m. in courtroom 26 before Magistrate Judge Allison Claire. 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.(Plummer, M)
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Filing
349
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 7/31/2015 ORDERING the custodian to produce Earnest Cassell Woods, II, #D-58091, to testify in USDC on 8/20/2015 at 9:00 a.m. in courtroom 26, befor e Magistrate Judge Allison Claire; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden, and fax a copy to the CSP-Centinela Litigation Coordinator. (cc: OTCD-SAC) (Yin, K)
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Filing
340
ORDER signed by Magistrate Judge Allison Claire on 05/13/15 ordering plaintiff's "Motion to Provide Confidential Settlement Statement and Motion to Request defendant Cervantes to fulfill obligation" is deemed to be his confidential settlement statement. If plaintiff seeks to lift the say of the court's 09/29/14 order, he must file his request as a separate motion. (Plummer, M)
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Filing
338
ORDER signed by Magistrate Judge Allison Claire on 4/29/2015 SETTING a Settlement Conference for 1/7/2016 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; each party shall provide a confidential settlement statement to chamb ers, no later than 12/31/2015; the court will issue a writ of habeas corpus ad testicandum for plaintiff's appearance at the settlement conference at a later date; within 14 days, counsel for defendant must file a notice re estimated trial length and dates in accordance with this order. (Yin, K)
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Filing
335
ORDER signed by Magistrate Judge Allison Claire on 04/15/15 ordering defendant Cervantes' request for a settlement conference 334 is granted. Within 14 days of the filing of this order, the parties shall each file a signed Notice of Waiver of Disqualification if they wish to consent to the undersigned serving as settlement judge. Defendant Cervantes' request to stay the court's 09/29/14 order directing him to satisfy the 2009 judgment until the conclusion of the settlement con ference 334 is granted. Plaintiff's request to appear at the settlement conference is civilian clothes 333 is denied. Plaintiff's request to bring his siddur and tallit to the settlement conference 333 is denied to the extent he see ks an order from the court requiring that he be permitted to bring the items with him. The request is granted to the extent that if prison authorities allow plaintiff to be transported with his siddur and tallit, he will be permitted to have them with him at the settlement conference. (Plummer, M)
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Filing
325
ORDER signed by Magistrate Judge Allison Claire on 10/20/14 denying 324 Motion to Appoint Counsel, grand jury investigation and federal investigator appointment. (Plummer, M)
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Filing
323
ORDER adopting in full 315 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 9/26/14. Plaintiff's 307 Motion to Compel, construed as a motion to enforce the 232 2009 judgment, is GRANTED. Within 30 days from the date this order is filed electronically, Defendant Cervantes is directed to satisfy the 2009 judgment and to file a notice of compliance with the Court. Defendants' 293 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Kastilahn, A)
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Filing
320
ORDER denying 319 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 09/08/14. (Plummer, M)
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Filing
315
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/18/14 ORDERING plaintiff's request for judicial notice filed on 11/25/13 298 is granted in part and denied in part as indicated herein. Plaintiff's re quest for judicial notice filed on 12/10/13 302 is denied. Plaintiff's request for an expert witness 297 is denied. Also, RECOMMENDING that plaintiff's motion to compel 307 construed as a motion to enforce the 2009 judgment, be gran ted. Within 30 days from the adoption of the instant findings and recommendations by the District Judge, defendant Cervantes is directed to satisfy the 2009 judgment and to file a notice of compliance with the court. Defendants' summary judgme nt motion 293 be granted in part and denied in part as follows: Granted as to 1) plaintiff's due process claim, on grounds of non-exhaustion; and 2) plaintiff's Eighth Amendment claim against defendant Carey; and denied as to plaintiff's Eighth Amendment claim against defendant Cervantes. Motions 293 and 307 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
311
ORDER signed by Magistrate Judge Allison Claire on 6/27/14 ORDERING that Defendants may file a supplemental brief addressing the Peralta decision no later than 14 days from the date of this order; Defendants shall provide plaintiff a copy of the Peralta decision along with the supplemental brief; Plaintiff shall be given 14 days after service of defendants brief to file a supplemental opposition limited to a discussion of the Ninth Circuits decision in Peralta. Due to the exigencies of the courts calendar, any request for an extension of time of this briefing schedule is strongly disfavored.(Dillon, M)
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Filing
300
ORDER denying 296 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 12/04/13. (Plummer, M)
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Filing
294
ORDER signed by Magistrate Judge Allison Claire on 11/14/13 denying 292 Motion to Stay. (Plummer, M)
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Filing
288
ORDER signed by Judge Lawrence K. Karlton on 9/11/13 ORDERING that Defendants' 7/17/13 Request for Judicial Notice [284-2] is GRANTED; The FINDINGS AND RECOMMENDATIONS 282 are ADOPTED in part; Defendants' MOTION to Dismiss for failure to exhaust 269 is DENIED without prejudice; and The parties shall file any dispositive, pre-trial MOTIONS within twenty eight days of the date of this order.(Mena-Sanchez, L)
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Filing
282
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/18/13 ORDERING plaintiff's request for judicial notice 277 be denied. Plaintiff's motion for an expert witness 279 is denied. Also, RECOMMENDING th at defendants' motion to dismiss for failure to exhaust 269 be denied; and the parties file any dispositive, pre-trial motions within 28 days of any order accepting these findings and recommendations, failing which, the court will issue a further scheduling order. MOTION to DISMISS 269 referred to Judge Lawrence K. Karlton. Objections due within 28 days. (Plummer, M)
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Filing
268
ORDER denying 264 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 09/25/12. (Plummer, M)
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Filing
263
ORDER signed by Magistrate Judge Gregory G. Hollows on 08/09/12 ordering all pretrial motions shall be filed within 28 days of the filing date of this order. (Plummer, M)
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Filing
256
ORDER signed by Magistrate Judge Gregory G. Hollows on 04/14/11 ordering on 03/31/11, plaintiff filed a motion to compel dental treatment through the issuance of a writ of mandamus 255 . This civil rights action was closed on 02/13/09. Plaintiff's filing does not appear to be one contemplated by the Federal Rules of Civil or Appellate Procedure. Therefore, this document will be placed in the file and disregarded.(Plummer, M)
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Filing
252
ORDER signed by Senior Judge Lawrence K. Karlton on 9/4/09 ORDERING that plt's 251 motion for reconsideration is DENIED. (Duong, D)
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Filing
249
ORDER signed by Senior Judge Lawrence K. Karlton on 07/07/09 ORDERING that, based on plf's notice of appeal and motion material, the court finds that the appeal does not present a substantial question and the request for a transcript at government expense is DENIED. In addition, plf is notified that the appellate court has access to the court's file in this case, and will request any necessary documents that are in the record directly from this court. (Benson, A.)
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Filing
223
ORDER signed by Senior Judge Lawrence K. Karlton on 2/5/09: Plaintiff's January 26, 2009, second request to hold defendants in contempt is denied. Plaintiff's January 26, 2009, request to move around the courtroom is denied 216 .(Kaminski, H)
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Filing
215
ORDER signed by Senior Judge Lawrence K. Karlton on 1/12/09 ORDERING that upon reconsideration, this court's order of 12/16/08 is AFFIRMED. Pltf's request for a court-appointed investigator is DENIED. (Kastilahn, A)
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Filing
214
ORDER AND WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 01/07/09 ordering issuance of writ of habeas corpus ad testificandum; Warden Derral G. Adams to produce Earnest Cassell Woods at 02/10/09 at 10:30 a.m. in courtroom 4 before Judge Lawrence K. Karlton. Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. Clerk shall serve a copy of this order an writ on the out-to-court desk, CA State Prison. (cc: USM Priority)(Plummer, M)
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