Mack v. Ona et al
Case Number: 2:2005cv02134
Filed: February 28, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Morrison C. England
Presiding Judge: Craig M. Kellison
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
August 6, 2019 Opinion or Order Filing 236 ORDER signed by District Judge Morrison C. England, Jr. on 8/6/2019 ADOPTING 224 Findings and Recommendations in full, DISMISSING Defendant Hill without prejudice for failure to effect service of process, GRANTING 155 and 168 Motions for Summary Judgment, and DENYING 223 Motion for Injunctive Relief. CASE CLOSED. (Huang, H)
February 1, 2019 Opinion or Order Filing 224 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/31/19 RECOMMENDING that defendant Hill be dismissed without prejudice pursuant to FRCP 4(m) for failure to effect service of process. Defendants' motions for summary ju dgment 155 , 168 be granted. Plaintiff's motion for injunctive relief 223 be denied. The clerk of the court be directed to enter judgment in favor of defendants and close this file. Motions 155 , 168 , 223 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
September 28, 2018 Opinion or Order Filing 221 ORDER signed by District Judge Morrison C. England, Jr. on 9/27/2018 ADOPTING the 216 findings and recommendations in full. Salvatore A. Latteri is DISMISSED as a defendant. (Zignago, K.)
August 28, 2018 Opinion or Order Filing 217 ORDER signed by Magistrate Judge Craig M. Kellison on 08/27/18 ORDERING defendants motions for summary judgment 155 , 168 are deemed fully briefed and will be addressed by separate order. All other motions pending before the court (Docs. 142 , [1 48], 152 , 153 , 161 , 171 , 178 ) are DENIED as moot. The Office of the Attorney General is directed to inform the court within 30 days if they have any information as to how best to accomplish service of defendant Hill, or if they are willing to accept service on her behalf in order to keep this case moving forward. (Plummer, M)
April 24, 2018 Opinion or Order Filing 209 ORDER signed by District Judge Morrison C. England, Jr on 4/23/2018 ORDERING that the 198 F&R are DENIED as moot; Plaintiff's 193 , 197 , & 200 Motions are DENIED as moot. The parties are DIRECTED to proceed with this action by reviewing and complying with the Magistrate Judge's 206 Order. (Fabillaran, J)
April 13, 2018 Opinion or Order Filing 206 ORDER signed by Magistrate Judge Craig M. Kellison on 04/13/18 ORDERING the Clerk of the Court is directed to provide plaintiff with a copy of the Docket Sheet Report from 5/01/09 to the present. Plaintiff shall file and serve a status report, as d etailed above, within 30 days of the date of this order. Defendants shall file and serve a status report, as detailed above, within 20 days of the date plaintiff's status report is filed. Plaintiff shall within 30 days of the date of this order, show good cause why defendants Hill and Latteri should not be dismissed from this action. (Plummer, M)
May 8, 2013 Opinion or Order Filing 198 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 05/07/13 recommending that plaintiff's motion for a temporary restraining order 193 and motion to stay 197 be denied. Motions 193 and 197 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
September 2, 2009 Opinion or Order Filing 167 ORDER signed by Judge Morrison C. England, Jr on 9/1/2009 ORDERING 150 Motion for Reconsideration is DENIED; The Magistrate Judge's 6/25/2009, order is affirmed; and no further motions for reconsideration of this order will be considered. (Matson, R)
September 1, 2009 Opinion or Order Filing 165 ORDER signed by Magistrate Judge Craig M. Kellison on 08/31/09 denying 135 Motion for sanctions; and denying 149 Motion to Appoint Counsel. (Plummer, M)
August 31, 2009 Opinion or Order Filing 164 ORDER signed by Magistrate Judge Craig M. Kellison on 8/29/09 ORDERING that pursuant to the 159 voluntary dismissal, dft T. Vo is DISMISSED w/ prejudice; dft Vo's 145 motion for summary judgment is DENIED as moot; pltf's 162 motion to strike is GRANTED to the extent it brings the court's attention to dft Vo's motion for summary judgment is rendered moot; and this action shall proceed as against the remaining dfts. (Yin, K)
February 17, 2009 Opinion or Order Filing 111 ORDER signed by Judge Morrison C. England, Jr on 2/13/09 ORDERING that the motions for reconsideration 105 and 106 are DENIED. The Magistrate Judge's January 16, 2009, order is AFFIRMED. No further motions for reconsideration of this order will be considered.(Kastilahn, A)
February 11, 2009 Opinion or Order Filing 110 ORDER signed by Judge Morrison C. England, Jr on 2/11/09 ORDERING that the Motion for Reconsideration is DENIED. The Magistrate Judge's 1/16/09, order is affirmed. No further Motions for Reconsideration of this order will be considered. (Mena-Sanchez, L)
January 27, 2009 Opinion or Order Filing 105 ORDER signed by Judge Morrison C. England, Jr on 1/26/09 ORDERING the findings and recommendations filed 11/21/08 are ADOPTED IN FULL; Dfts motion to dismiss 45 is GRANTED IN PART and DENIED IN PART; Dft Baroyas motion to dismiss 50 is DENIED; Dft Hynums motion to dismiss 53 is GRANTED; dft Centeno's motion to dismiss 70 for failure to state a claim and statute of limitations is DENIED; Dfts motions to dismiss on the grounds that plaintiffs claims are barred by the statute of limitat ions are GRANTED, without leave to amend, as to those claims arising prior to 10/24/01; Dfts Hollie, Krossa, Lucine, Parkinson, Thor, Ona, Parker and Hynum, referred to as the SVSP defendants, are DISMISSED from this action, and the Clerk of the Cour t is directed to terminate these individuals as dfts to this action; Dfts motions to dismiss on the grounds that plaintiffs claims are barred by the statute of limitations are DENIED as to those claims arising after 10/24/01; Dft Moor is DISMISSED fr om this action for pltfs failure to substitute pursuant to Rule 25(a)(1), and the Clerk of the Court is directed to terminate this individual as a defendant to this action; pltfs claim for injunctive relief is DISMISSED as barred by the statute of li mitations. This action shall proceed on pltf's Eighth Amendment violation claims, and any state law for medical malpractice he may have raised, against dfts Baroya, Baughma, hirsch, Kordan, O'Brien, Vo, Centeno, Turella, Latteri and Penner ONLY; and dfts Baroya, Baughman, Hirsch, Kordan, O'Brien, Vo, Centeno and Turella are directed to file an answer within 30 days. (Carlos, K)
January 20, 2009 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Craig M. Kellison on 1/20/09 DENYING 96 Motion to Stay. (Dillon, M)
January 16, 2009 Opinion or Order Filing 102 ORDER DIRECTING USM to serve process w/in 10 days on dft Salvatore A. Latteri signed by Magistrate Judge Craig M. Kellison on 1/15/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the cmplt and this order. (cc: USM) (Yin, K)
February 16, 2006 Opinion or Order Filing 13 ORDER signed by Judge Craig M. Kellison on 2/16/06 ORDERING that pltf's concerns about his certified trust account statement expressed in his 11 Notice of Status of Case are MOOT; and pltf's request for a stay of the proceedings or an order for prison officials to return his confiscated materials in his 11 Notice of Status of Case is DENIED. (Yin, K)
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