Knapp v. Hickman et al
Case Number: 2:2005cv02520
Filed: February 27, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Frank C. Damrell
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
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Date Filed Document Text
September 30, 2011 Opinion or Order Filing 244 ORDER signed by Judge Kimberly J. Mueller on 09/30/2011 ORDERING 240 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; Defendants' Motions for Summary Judgment 201 238 are GRANTED; 220 Motion to Strike is GRANTED; Clerk of the Court is directed to enter judgment and close this case. CASE CLOSED (Andrews, P) Modified docket text on 9/30/2011 (Waggoner, D).
July 7, 2011 Opinion or Order Filing 240 FURTHER FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 07/06/11 recommending that defendants' motion for summary judgment 201 be granted as to the remaining claims: Claim 9, 10m, o, and x; and the clerk of the court be directed to enter judgment and close this case. MOTION for SUMMARY JUDGMENT 201 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M) Modified on 7/7/2011 (Plummer, M).
April 15, 2011 Opinion or Order Filing 236 ORDER signed by Magistrate Judge Craig M. Kellison on 04/14/11 ordering the parties may simultaneously file a supplemental brief not to exceed 15 pages, related to the motion for summary judgment as to claims 9 and 10 m, o, and x, within 20 days of the date of this order. The clerk of the court is directed to terminate defendants Hein, Kaiser, Kanipe, Keeland, King, Marshall, Sauceda, Smith, Brown and Danzinger. (Plummer, M)
April 7, 2011 Opinion or Order Filing 235 ORDER signed by District Judge Kimberly J. Mueller on 4/7/2011 ORDERING that the court DECLINES TO ADOPT the findings and recommendations as to claims 9 and 10 m, o and x and REFERS this portion of the summary judgment back to the Magistrate Judge for further consideration; and the court ADOPTS the findings and recommendations as to claims 1, 3, 5, 7, 8, 10 d, e, f, g, h, i, q, r, s and w, and claim 12, and GRANTS the motion for summary judgment as to those claims.(Waggoner, D)
September 2, 2010 Opinion or Order Filing 224 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 9/2/2010 RECOMMENDING that dfts' 201 motion for summary judgment be granted; pltf's 220 motion to strike be granted; and the clerk be directed to enter judgment and close this case. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
December 9, 2009 Opinion or Order Filing 204 ORDER signed by Judge Frank C. Damrell, Jr on 12/8/09 ORDERING the findings and recommendations filed October 13, 2009, are adopted in full; the August 19, 2009 order to show cause is discharged; Defendants Gunning, Marshall, Murray and Warvarovski a re dismissed as defendants to this action for failure to effect timely service; Claims 1g and 8f are dismissed as failing to name any defendant remaining in this action; and this action shall proceed against the remaining defendants, as identified in the court's September 17, 2009, order.(Becknal, R)
October 13, 2009 Opinion or Order Filing 197 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/13/2009 RECOMMENDING that the 189 OSC be discharged; defendants Gunning, Marshall, Murray and Warvarovski be dismissed; Claims 1g and 8f be dismissed; this action proceed against the remaining defendants, as identified in the courts September 17, 2009 118 Order. Objections due within 20 days. (Suttles, J)
September 17, 2009 Opinion or Order Filing 194 ORDER signed by Judge Frank C. Damrell, Jr on 9/16/09 ORDERING that the findings and recommendations filed 2/21/08, are Adopted in Full except as outlined above; Dfts' motion to dismiss 175 is Granted in part and Denied in part as outlined abo ve; Dft Whittle's motion for judgment on the pleadings 177 is Granted; Claims 1e-f, Claim 2 (in its entirety), Claims 3a, 3e-f, Claim 4 (in its entirety), Claim 5b, Claim 6 (in its entirety), Claims 8d, 8g, 8j, 8l, and 8n, Claim 9f, Claims 10a b, 10j, and 10u-v are dismissed as unexhausted; Ali, Fowler, Mesa, Nelson, OConnor, Stewart, Vasquez, and Whittle are dismissed as dfts to this action; This action shall proceed against dfts: C. Brown, Danziger, Etheredge, Gunning, Gutierrez, Hein, H ogan, Kaiser, Kanipe, Keeland, King, Lattimore, Marshall, Murray, Poe, Sauceda, Smith, Warren, and Warvarovski only as to Claims 1a-d and 1g (against dfts Etheredge, Kaiser, and Marshall), Claims 3b-c and 3g (against dft Kaiser), Claims 5a and 5c (ag ainst dfts C. Brown and Warren), Claim 7 (against dfts Hogan and Warren), Claims 8a-c, 8f, and 8h (against dfts Gunning, Gutierrez,Kaiser, King, Lattimore, Murray, Poe, Smith, and Warren), Claims 9b-c (against dfts Etheredge, Gutierrez, and Warren), Claims 10d-i, 10m, 10o, 10q-s, and 10w-x (against dfts Danziger, Etheredge, Gutierrez, Hein, Hogan, Kanipe, Keeland, Lattimore, Sauceda, Warren, and Warvarovski), and Claims 12a-b (against dfts Gutierrez and Lattimore); and This matter is referred back to the Magistrate Judge for further proceedings. (Becknal, R)
August 21, 2009 Opinion or Order Filing 190 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 8/20/09 RECOMMENDING that dfts' 175 motion to dismiss be granted in part and denied in part; dft Whittle's 177 motion for judgment on the pleadings be granted; certain claims, as stated in F&R, be dismissed as unexhausted; and dfts Ali, Fowler, Mesa, Nelson, O'Connor, Stewart, Vasquez, and Whittle be dismissed. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 20 days. (Yin, K)
August 19, 2009 Opinion or Order Filing 189 ORDER to SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 08/18/09 ordering plaintiff shall show cause within 20 days of the date of this order why Gunning, Marshall, Murray and Warvarovski should not be dismissed as defendants to this action pursuant to FRCP 4(m) for failure to effect timely service. (Plummer, M)
January 15, 2009 Opinion or Order Filing 182 ORDER signed by Magistrate Judge Craig M. Kellison on 1/14/09 ORDERING that 180 pltf's motion for an ext of time is GRANTED. Dfts are requested to re-serve 175 motion to dismiss on pltf. Pltf may file a response to dfts' motion to dismiss within 30 days of the date of service of this order. (Kastilahn, A)
February 6, 2008 Opinion or Order Filing 142 ORDER signed by Magistrate Judge Craig M. Kellison on 02/05/08 GRANTING 139 Amended request for extension of time; deft's reply to opposition is due on or before 02/13/08. (Manzer, C)
February 21, 2006 Opinion or Order Filing 11 ORDER to Transfer case back to USDC - Eastern District of CA signed by US District Judge Jeffrey S. White (USDC - Northern District of CA) on 2/16/06. (Marciel, M)
February 7, 2006 Opinion or Order Filing 9 TRANSFER ORDER signed by US District Judge William Alsup (USDC-Northern District of CA) on 1/31/06. Case is RE-OPENED.(Marciel, M)
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