Lamon v. Director, California Department of Corrections et al
Case Number: 2:2006cv00156
Filed: January 23, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Garland E. Burrell
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
July 25, 2012 Opinion or Order Filing 331 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/24/12 denying 329 Motion for records necessary for filing of appeal. (Plummer, M)
May 9, 2012 Opinion or Order Filing 323 ORDER signed by Judge Kimberly J. Mueller on 5/8/12 DENYING 308 316 Motions for New Trial. (Meuleman, A)
May 7, 2012 Opinion or Order Filing 322 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/7/12 DENYING 321 Motion for order of protection. (Dillon, M)
March 20, 2012 Opinion or Order Filing 296 SPECIAL INSTRUCTION NO. 1 signed by Judge Kimberly J. Mueller on 3/20/2012. (Reader, L)
March 9, 2012 Opinion or Order Filing 283 ORDER signed by Judge Kimberly J. Mueller on 3/8/12 ORDERING Dr. Paizis's testimony not admissible. (Meuleman, A)
February 28, 2012 Opinion or Order Filing 277 ORDER signed by Judge Kimberly J. Mueller on 2/28/2012 ORDERING that a three day trial is set to commence 3/19/2012 at 9:00 a.m. in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; appointed counsel shall notify Sujean Park if they have any questions related to the appointment; Clerk is directed to serve a copy of this order upon Aldon L. Bolanos and Kresta N. Daly; parties are directed to exchange exhibits no later than 3/12/2012. (Waggoner, D)
February 16, 2012 Opinion or Order Filing 276 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 02/15/12 ordering the custodian to produce Lenton Hall at 03/19/12 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)
November 28, 2011 Opinion or Order Filing 267 ORDER signed by Judge Kimberly J. Mueller on 11/23/11: The trial date of January 23, 2012 is vacated. Jury Trial RESET for 3/19/2012 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Within seven days of the date of this order, defen se counsel may submit letter briefs, not to exceed five pages each, explaining his theory of relevance for presenting Dr. Paizis's testimony and his opposition to Lenton Hall's proposed testimony. Plaintiff may reply, also limited to five pages for each letter brief, within seven days of receiving defense counsel's briefs. The Clerk of the Court is directed to seal defendants' and plaintiff's briefs relating to Dr. Paizis's testimony. The motion to appoint an impartial photographic expert and impartial expert on the use of force is denied 254 . The Clerk of the Court is directed to file the three page report from Dr. Paizis under seal. (Kaminski, H)
November 8, 2011 Opinion or Order Filing 260 ORDER signed by Judge Kimberly J. Mueller on 11/8/11 ORDERING that Plaintiff's Motion for disqualification 247 and Motion for Reconsideration of an earlier deniel of disqualification 239 are DENIED. Plaintiff's Motion for a Temporary Restraining Order 257 is Striken. The Court will consider the Motion for the appointment of experts 254 at the Trial Confirmation hearing. (Mena-Sanchez, L)
October 24, 2011 Opinion or Order Filing 259 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/24/2011 ORDERING the custodian to produce Barry Louis Lamon #E-08345, to testify in USDC at 11:00 AM on 11/9/11 in courtroom #3, before Judge Kimberly J. Mueller; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian w/ 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, CSP-Solano (by mail and fax). (cc: OTCD-SAC)(Yin, K)
October 13, 2011 Opinion or Order Filing 250 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/11 ordering plaintiff's 09/29/11 motion to vacate 245 is stricken. Plaintiff's 10/07/11 request that he be permitted to file a motion to vacate in excess of 25 pages 248 is denied. (Plummer, M)
September 27, 2011 Opinion or Order Filing 243 WRIT OF HABEAS CORPUS Ad Testificandum (by Video Conference) signed by Magistrate Judge Carolyn K. Delaney on 9/27/11 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the warden to produce inmate Barry Lamon, E-08345 to te stify by video-conference before the United States District Court on 10/26/11 at 11:00 a.m. before the Honorable Kimberly J. Mueller. The 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. (cc IT Dept) (Becknal, R)
September 2, 2011 Opinion or Order Filing 236 ORDER signed by Judge Kimberly J. Mueller on 9/2/11 DENYING 220 Request for Recusal filed by Barry Louis Lamon. (Donati, J)
December 23, 2010 Opinion or Order Filing 216 ORDER signed by Judge Garland E. Burrell, Jr on 12/23/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/1/10 201 are ADOPTED in full; Defendants' MOTION for SUMMARY JUDGMENT 152 is decieded as follows: Granted as to Defendants Walker , Downing, Johnson, Moghaddas and Paizis in all respects. Granted as to the claim that defendants Ellis, Lorusso and Parks retaliated against Plaintiff. Denied as to the claim that defendants Ellis, Lorusso and Parks violated Plaintiff's Eight Amended rights. (Mena-Sanchez, L)
October 21, 2010 Opinion or Order Filing 210 ORDER signed by Judge Garland E. Burrell, Jr on 10/20/10 ORDERING that, upon reconsideration, the order of the magistrate judge filed September 21, 2101, is AFFIRMED. (Williams, D)
October 15, 2010 Opinion or Order Filing 209 ORDER denying 208 Motion to Appoint Counsel signed by Magistrate Judge Kimberly J. Mueller on 10/14/10. (Plummer, M)
September 21, 2010 Opinion or Order Filing 203 ORDER signed by Magistrate Judge Kimberly J. Mueller on 09/21/10 declining 200 Motion to order prison officials who are not parties to this suit to release plaintiff's materials to him. (Plummer, M)
September 1, 2010 Opinion or Order Filing 201 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 09/01/10 GRANTING plaintiff's motion to file an opposition longer than twenty-five pages; RECOMMENDING 152 Motion for Summary Judgment be decided as follo ws: GRANTED as to dfts Walker, Downing, Johnson, Maghaddas and Paizis in all respects; GRANTED as to the claim that dfts Ellis, Lorusso and Parks retaliated against plaintiff; and DENIED as to the claim that dfts Ellis, Lorusso and Parks violated plaintiff's Eight Amendment rights. Motion referred to Judge Garland E. Burrell, Jr. Objections to F&R's due within 21 days. (Williams, D) Modified on 9/1/2010 (Williams, D).
June 30, 2010 Opinion or Order Filing 199 ORDER signed by Judge Garland E. Burrell, Jr. on 06/29/10 ORDERING that, upon 195 Reconsideration, the 189 order of the Magistrate Judge is AFFIRMED. (Benson, A.)
May 21, 2010 Opinion or Order Filing 189 ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/20/2010 ORDERING that pltf's 182 motion to compel is DENIED; pltf's 185 request for assistance is DENIED; pltf's 187 , 188 motions for additional time are GRANTED and pltf has 15 days to file an opposition to dfts' motion for summary judgment, dfts' reply due w/in 14 days of the opposition. (Yin, K)
April 12, 2010 Opinion or Order Filing 181 ORDER signed by Judge Garland E. Burrell, Jr on 04/11/10 re 179 Objections to 178 Order on Motion for Extension; The Order of the Magistrate Judge is Affirmed. (Williams, D)
January 29, 2010 Opinion or Order Filing 175 ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/28/10 DENYING 154 Motion to Compel; DENYING 157 Motion for Extension ; GRANTING 165 Motion to submit single copies; DENYING 164 , 173 Motions to hold proceedings in abeyance. Defense c ounsel is directed to ensure plaintiff is given access to audible disc of Keyhea hearing within 30 days of the date of this order. Plaintiff's opposition to 152 Motion for Summary Judgment is due within 45 days of the date of this order. Defendant's reply due 30 days after. (Owen, K)
January 21, 2010 Opinion or Order Filing 174 ORDER signed by Judge Garland E. Burrell, Jr. on 1/21/2010 ORDERING that, upon reconsideration, the 161 order, is AFFIRMED. (Engbretson, K.)
October 20, 2009 Opinion or Order Filing 161 ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/20/09 DENYING Motions 145 151 155 ; Motion 156 is GRANTED and Motion to Compel is deemed timely; Defendants are directed to give reason within 30 days as to why plaintiff was not permitted to make copies of requested material. (Owen, K)
September 16, 2009 Opinion or Order Filing 149 ORDER signed by Judge Garland E. Burrell, Jr on 9/15/09 ORDERING the magistrate judge's order of 7/1/09, is Affirmed; the findings and recommendations filed 7/1/09, are Adopted in Full; and Plaintiff's 1/20/09 motion for a preliminary injunction 116 is Denied. (Becknal, R)
July 1, 2009 Opinion or Order Filing 134 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 06/30/09 ORDERING plaintiff's 10/30/08 motion to compel 103 is granted in part and denied in part. Plaintiff's 12/08/08 motion to compel 110 is gr anted in part and denied in part. Plaintiff's motion to change pleadings 109 is denied. Defendants request to file under seal plaintiff's medical and mental health records 127 is denied as unnecessary. the clerk of the court is direc ted to return these records to counsel for defendants. Defendants motion to modify the court's scheduling order 131 is granted as follows: The court's scheduling order 66 is vacated with dates to be set in the future as necessary. The new discovery deadline for discovery between plaintiff and defendant Ellis only is 60 days from the date of this order. The new deadline to file any dispositive motion is 90 days from the date of this order. Plaintiff's motion for a temporary restraining order 116 is denied. Plaintiff's future filings may not exceed 25 pages each. (See order for further details). Also, RECOMMENDING that plaintiff's 01/20/09 motion for preliminary injunction 116 be denied. MOTION for PRELIMINARY INJUNCTION 116 referred to Judge Garland E. Burrell. Objections due within 20 days.(Plummer, M)
April 2, 2009 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/2/09 ORDERING dfts' opposition to pltf's motions to compel 126 is deemed timely. (Carlos, K)
February 11, 2009 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/11/09 GRANTING 119 Request for extension of time. Defendants shall file and serve a response to plaintiffs 12/8/08 motion for leave to amend the complaint on or before 3/9/09.(Dillon, M)
January 7, 2009 Opinion or Order Filing 114 ORDER AND ORDER DIRECTING SERVICE BY THE USM WITHOUT PREPAYMENT OF COSTS signed by Magistrate Judge Kimberly J. Mueller on 1/6/09. The Clerk is directed to fwd the instructions for service of process, the completed summons, copies of the 4/16/07 amended complaint and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dft Ellis of this action. (Kastilahn, A)
February 1, 2008 Opinion or Order Filing 53 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/1/08 RECOMMENDING that pltf's 51 motion for preliminary injunction be denied. Motion referred to Judge Garland E. Burrell, Jr., Objections to F&R due w/in 20 days. (Yin, K)
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