McNeal v. Evert, et al
Case Number: 2:2005cv00441
Filed: March 4, 2005
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
February 20, 2019 Opinion or Order Filing 354 ORDER signed by District Judge Troy L. Nunley on 2/16/2019 DENYING 353 Motion requesting to be transported to trial in a van. (York, M)
January 15, 2019 Opinion or Order Filing 352 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/15/2019 ORDERING the Custodian to produce Alfred Rollings at 9:00 a.m. on 2/25/2019 in Courtroom No. 2 before 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) (Henshaw, R)
July 11, 2018 Opinion or Order Filing 348 ORDER signed by District Judge Troy L. Nunley on 7/9/2018 DENYING 347 , 344 , 345 , 346 Requests (Washington, S)
January 10, 2018 Opinion or Order Filing 335 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2018 DENYING plaintiff's 320 motion for a court order. (Yin, K)
December 12, 2017 Opinion or Order Filing 318 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/2017 DENYING 315 Motion to Appoint Counsel. (York, M)
November 8, 2017 Opinion or Order Filing 312 ORDER Discharging 304 Writ of Habeas Corpus Ad Testificandum as to Plaintiff, Vernon Wayne McNeal, CDCR #P-33419, signed by Magistrate Judge Stanley A. Boone on 11/8/17. (Gonzalez, R)
October 19, 2017 Opinion or Order Filing 305 ORDER signed by District Judge Garland E. Burrell, Jr on 10/19/17 ORDERING that this case is SET for a Settlement Conference before Magistrate Judge Stanley A. Boone on 11/8/2017 at 09:30 AM at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9. (Mena-Sanchez, L)
September 28, 2017 Opinion or Order Filing 300 THIRD SUPPLEMENTAL PRETRIAL ORDER signed by District Judge Garland E. Burrell, Jr. on 9/27/2017 ORDERING Plaintiff's three motions, docketed as ECF Nos. 291 , 296 , and 298 , are DENIED; Defendants' affirmative defense asserted under Hec k is DISMISSED. For the stated reasons, Defendants' affirmative defenses that Plaintiff's failed to exhaust available administrative remedies and that Plaintiff's claims are barred under the principle explained in Heck are DISMISSED. (Reader, L) Modified on 9/28/2017 (Reader, L).
August 15, 2017 Opinion or Order Filing 290 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/15/2017 ORDERING the Custodian to produce Vernon Wayne McNeal (currently incarcerated by the CDCR as MacNeal), inmate #P-34419, at 1:30 p.m. on 9/15/2017 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) (Henshaw, R)
August 8, 2017 Opinion or Order Filing 289 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 08/08/17 ORDERING the Custodian to produce Vernon Wayne McNeal on 9/15/17 at 1:30 p.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)
June 28, 2017 Opinion or Order Filing 287 ORDER signed by District Judge Garland E. Burrell, Jr. on 6/27/2017 ORDERING Plaintiff's discovery motions 273 , 274 are DENIED; since Plaintiff has not shown that the discovery he seeks should be authorized under the manifest injustice standard, his motions are DENIED. (Reader, L)
April 24, 2017 Opinion or Order Filing 286 ORDER signed by District Judge Garland E. Burrell, Jr. on 4/21/2017 GRANTING 281 Motion to Modify the Pretrial Order. (Michel, G.)
December 1, 2016 Opinion or Order Filing 277 ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2016 DENYING 276 Motion Requesting from Courts to bring hygiene and hair trimmer to Trial. (Jackson, T)
October 12, 2016 Opinion or Order Filing 275 ORDER signed by District Judge Garland E. Burrell, Jr., on 10/11/16 ORDERING that Plaintiff's discovery requests 262 , 263 , 264 , 265 , 266 , 267 , 268 , 269 , 270 , 271 are DENIED. (Kastilahn, A)
September 13, 2016 Opinion or Order Filing 272 ORDER denying 249 Motion in Limine signed by District Judge Garland E. Burrell, Jr on 9/13/16. (Kaminski, H)
February 10, 2016 Opinion or Order Filing 260 ORDER signed by District Judge Garland E. Burrell, Jr. on 2/9/2016 GRANTING 254 Motion to continue trial date; Jury Trial Reset for 2/28/2017 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell Jr.; and the 1/7/2016 writ of habeas corpus issued for Alfred Rollings, CDCR# P24726, 240 , and the 2/3/2016 amended writ of habeas corpus issued for Vernon Wayne McNeal, CDCR# P34419, 250 , are VACATED. (Reader, L)
February 5, 2016 Opinion or Order Filing 252 ORDER signed by District Judge Garland E. Burrell, Jr. on 2/5/2016 ORDERING Plaintiff's objection, seeking reconsideration of the Magistrate Judge's 1/12/2016 order is DENIED. (Reader, L)
February 3, 2016 Opinion or Order Filing 250 ORDER and AMENDED WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 2/3/16 Amending 246 Order and Writ; ORDERING the Custodian to produce Vernon Wayne McNeal #P-34419 at 9:00 am on 2/23/16 in Courtroom 10 befor e Judge Garland E. Burrell, Jr.. 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. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Warden of Centinela State Prison. (cc OTCD)(Dillon, M)
January 12, 2016 Opinion or Order Filing 246 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/12/16 ORDERING that the January 7, 2016 writ of habeas corpus issued for Vernon McNeal, CDCR # V41094, is VACATED; ORDERING the Custod ian to produce Vernon Wayne McNeal #P34419 at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, Jr.. 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. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the High Desert State Prison litigation coordinator via facsimile. (cc: OTCD)(Dillon, M)
January 7, 2016 Opinion or Order Filing 240 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/7/16 ORDERING the Custodian to produce Alfred Rollings at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, Jr.. 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)(Dillon, M)
November 18, 2015 Opinion or Order Filing 234 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/17/15 ORDERING that Inlight of the district judges August 21, 2015 minute order continuing the trial date to February 23, 2016, 233 Motion to Continue is DENIED as moot.(Dillon, M)
July 22, 2015 Opinion or Order Filing 230 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/15 ORDERING that the 214 and 215 Writs are VACATED. The July 28, 2015 trial in this matter has been rescheduled to commence on November 17, 2015. A copy of this order will be immediately faxed to the Out-To-Court officer at Calipatria State Prison and CSP-Sacramento to prevent the transport of Plaintiff McNeal (V-41094) and his inmate witness Rollings (P-24726). (cc OTCD)(Dillon, M)
July 7, 2015 Opinion or Order Filing 225 ORDER signed by Judge Garland E. Burrell, Jr. on 7/7/2015 ORDERING that Defendant's 221 request to modify the Second Supplement to Pretrial Order is DENIED. (Zignago, K.)
July 2, 2015 Opinion or Order Filing 224 ORDER signed by Judge Garland E. Burrell, Jr on 7/2/15 DENYING 222 and 223 Motions for Reconsideration. (Meuleman, A)
June 15, 2015 Opinion or Order Filing 219 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/15/2015 DENYING plaintiff's 212 motion for the appointment of an expert witness. (Yin, K)
June 5, 2015 Opinion or Order Filing 215 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 6/5/15 ORDERING the Custodian to produce Alfred Rollings at 9:00 am on 7/28/15 in Courtroom 10 before Judge Garland E. Burrell, Jr.. 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)(Dillon, M)
June 4, 2015 Opinion or Order Filing 211 ORDER signed by Judge Garland E. Burrell, Jr. on 6/3/2015 DENYING 207 Motion for Reconsideration re appointment of counsel. (Zignago, K.)
May 21, 2015 Opinion or Order Filing 205 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/15 DENYING 200 Motion and 202 Motion to Appoint Counsel. (Dillon, M)
April 30, 2015 Opinion or Order Filing 201 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/15 ORDERING that Plaintiffs March 26, 2014 motion for substitution (ECF No. 172 ) is deemed amended to name Roy Chatham as the proper party for substitution; Defense counsel shall serve a c opy of plaintiffs motion for substitution, along with acopy of this order, on Roy Chatham; Roy Chatham shall have 21 days from the date of this order to file an opposition or statement of no opposition to the motion for substitution; Plaintiffs Mar ch 30, 2015 motions to compel (ECF Nos. 188 , 189 , and 190 ) are denied without prejudice as moot; Plaintiffs April 2, 2015 motion for appointment of counsel (ECF No. 191 ) is denied; and Plaintiffs April 2, 2015 motion for appointment of a psychiatric expert (ECF No. 192 )is denied.(Dillon, M)
April 22, 2015 Opinion or Order Filing 196 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/22/15 ORDERING the order and writ issued on 4/14/15 is vacated. The Custodian to produce Vernon Wayne McNeal via telephonic-conferencin g on 4/29/15 at 10:00 a.m. before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the court of any changes in custody and tor provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (Plummer, M)
April 14, 2015 Opinion or Order Filing 195 AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/13/2015 ORDERING the custodian to produce Vernon Wayne McNeal P-34419, to appear by video-conferencing at Calipatria State Prison, 4/2 9/2015, at 10:00 a.m. ; 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 shall serve a copy of this order and writ on the Warden and via fax on Chris, Visiting Department. (cc: IT Dept) (Yin, K)
February 11, 2015 Opinion or Order Filing 179 ORDER signed by Magistrate Judge Edmund F. Brennan on 02/11/15 denying 172 Motion for substitution. Within 30 days of the date of this order, defense counsel shall endeavor to discover the identity of the proper party for substitution and either ; a) serve the notice of suggestion of death on that party, along with re-service on plaintiff and filing with the court or b) file a declaration documenting the steps taken to discover the proper party's identity and why such person's iden tity could not be discovered. Should defense counsel file a new notice of suggestion of death with service on the proper party for substitution, plaintiff shall have 90 days from the date of service of such notice to file a new motion for substitution. (Plummer, M)
July 18, 2013 Opinion or Order Filing 159 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/13 ORDERING that 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. P laintiff is cautioned that failure to file a pretrial statement in accordance with this order may result in the imposition of sanctions, including dismissal of this action. Defendants shall file a pretrial statement not later than thirty days after the filing of plaintiffs statement. The date for jury trial before the assigned district judge will be set in the pretrial order.(Dillon, M)
July 8, 2013 Opinion or Order Filing 158 ORDER signed by Judge Garland E. Burrell, Jr. on 7/5/2013 FINDINGS and RECOMMENDATIONS 145 are ADOPTED in FULL; Motion 141 for Summary Judgment is GRANTED as to defendants J. Ginder, G McCoy, Hooven, Chenoweth, Ervin, Chatham, and C. Barton; and DENIED as to defendants Ervin and Chatham. (Reader, L)
April 8, 2013 Opinion or Order Filing 154 ORDER signed by Judge Garland E. Burrell, Jr. on 4/5/2013. Because plaintiff has shown that he could not have timely objection to 145 Findings and Recommendation despite his diligence, Court will VACATE the 146 Order Adopting Findings and Recommendations. Plaintiff shall have 14 days from date of Order to file Objections to 1/18/2013 145 Findings and Recommendations. (Marciel, M)
March 4, 2013 Opinion or Order Filing 149 ORDER Requesting Confidential Statements Re: Case Selection for Prisoner Settlement Program signed by Magistrate Judge Edmund F. Brennan on 3/4/13 ORDERING that the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements.(Dillon, M)
February 21, 2013 Opinion or Order Filing 146 ORDER signed by Judge Garland E. Burrell, Jr. on 2/21/2013 ADOPTING 145 Findings and Recommendations in full; GRANTING 141 Motion for Summary Judgment as to Defendants Ginder, McCoy, Hooven, Chenoweth and Barton; DENYING 141 Motion for Summary Judgment as to Defendants Ervin and Chatham. (Michel, G)
January 18, 2013 Opinion or Order Filing 145 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/17/2013 RECOMMENDING that the 141 motion for summary judgment be granted as to defendants Ginder, McCoy, Hooven, Chenoweth and Barton, and denied as to defendants Ervin and Chatham; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
August 1, 2012 Opinion or Order Filing 140 ORDER and RAND notice signed by Magistrate Judge Edmund F. Brennan on 7/31/12 ORDERING that the 138 Findings and Recommendations are VACATED; Defendants motion for summary judgment 83 is DENIED without prejudice. Within 30 days of the date of this order, defendants may re-file and re-serve theirmotion for summary judgment. The 139 Motion for Extension of time is DENIED as moot.(Dillon, M)
June 29, 2012 Opinion or Order Filing 138 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/29/2012: ORDERING defendant's objections to the evidence submitted in support of plaintiff's opposition to defendant's motion for summary judge ar e OVERRULED except as stated herein; 137 Motion to Supplement evidence is GRANTED; RECOMMENDING that 83 Motion for Summary Judgment filed by defendants be granted as to defendants Ginder, McCoy, Hooven, Chenoweth, and Barton and denied as to defendants Ervin and Chatham; any party may file objections to these findings and recommendations within 14 days after service; failure to file objections may waive the right to appeal.(Waggoner, D)
October 29, 2009 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/29/09 ORDERING that within 20 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of no opposition.(Dillon, M)
August 25, 2009 Opinion or Order Filing 121 ORDER signed by Judge Garland E. Burrell, Jr. on 08/24/09 ORDERING that 120 Motion for Reconsideration is DENIED and the Magistrate Judge's 119 Order is AFFIRMED. (Benson, A.)
January 16, 2009 Opinion or Order Filing 100 ORDER signed by Judge Garland E. Burrell, Jr on 01/15/09 DENYING 72 Request to reinstate Evert and Bitle as defendants and give plaintiff additional time to locate their addressess for purposes of service of process. (Streeter, J)
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