Lee v. Carey et al
Case Number: 2:2006cv00813
Filed: April 17, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Frank C. Damrell
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: None

Available Case Documents

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Date Filed Document Text
March 25, 2013 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/25/2013 DENYING plaintiff's 134 motion without prejudice to refiling by counsel and plaintiff's 135 filing is DISREGARDED. (Yin, K)
August 2, 2011 Opinion or Order Filing 118 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/2/11 ORDERING that Given the possibility that Plaintiffs' counsel will be able to communicate with plaintiff by Thursday, August 4, counsel is directed to provide a further joint status no later than 10 a.m. on Friday, August 5, advising the court if Plaintiff's counsel have been able to communicate with Plaintiff and if so whether the case has settled. The parties' request to continue the trial date is submitted pending submission of this further status report.(Mena-Sanchez, L)
July 21, 2011 Opinion or Order Filing 103 ORDER signed by District Judge Kimberly J. Mueller on 7/21/11 GRANTING 100 Motion to Appoint Counsel. Attorney Alexander M Medina and Daniel J Croxall Appointed for George Lee. Trial CONFIRMED for 8/8/2011 at 09:00 AM in Courtroom 3 (KJM) before Di strict Judge Kimberly J. Mueller. Counsel for Plaintiff to file plaintiff's response, if any, to 95 & 101 Requests to Substitute Trial Witnessess by 4:00 p.m. on 8/1/11. Plaintiff's counsel to file trial brief, motions in limine, proposed jury instructions, and proposed vior dire no later than 4:00 p.m. on 8/3/11. (Donati, J)
July 6, 2011 Opinion or Order Filing 99 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/06/11 ordering the Custodian to produce George Lee at August 8, 2011 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)
June 24, 2011 Opinion or Order Filing 94 ORDER signed by District Judge Kimberly J. Mueller on 6/23/2011 ORDERING Because plaintiff has not shown good cause for reconsideration of the order adopting the F & R's, pltf's request 91 is DENIED; pltf has also requested that the court order a settlement conference 89 ; the court has previously ordered a mediation, which did not result in settlement 65 ; pltf does not explain why an additional settlement conf may be fruitful. The motion for court assisted settlement is DENIED; F inally, pltf moved to withdraw his previous motion for appointment of counsel because "it would benefit pltf in his motion for appeals" 86 ; Nothing before the court suggests that appointment of counsel is warranted to ensure that pltf's case is fairly tried to the jury; the court will surely not force counsel upon pltf; pltf's to withdraw his previous motion for counsel is GRANTED. (Reader, L)
June 21, 2011 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/20/2011 DENYING plaintiff's 92 Motion for blank Subpoenas. (Marciel, M)
May 20, 2011 Opinion or Order Filing 87 TRIAL CONFIRMATION ORDER signed by District Judge Kimberly J. Mueller on 5/20/2011 ORDERING 85 the Pretrial Order is ADOPTED, except that trial briefs will be due 14 days prior to trial instead of 10; the jury trial will commence on Monday, 8/8/201 1 at 9:00 AM; the relevant time period during which plaintiff's must prove that defendant violated his rights arising under the ADA will continue to be 11/10/2005 to 12/13/2005; pltf shall file and serve his motion for appointment of counsel no later than a week after this order; and the Clerk of Court is directed to STRIKE 85 the previous order of this court. (Reader, L)
May 19, 2011 Opinion or Order Filing 85 TRIAL CONFIRMATION ORDER signed by District Judge Kimberly J. Mueller on 5/19/11 ORDERING the Pretrial Order is adopted, except that trial briefs will be due fourteen (14) days prior to trial instead of ten (10); the jury trial will commence on Monda y, August 8, 2011 at 9:00 a.m.; The relevant time period during which plaintiff's must prove that defendant violated his rights arising under the ADA will continue to be November 10, 2005 to December 13, 2005; the specific felony conviction and disciplinary record of plaintiff will not be admitted at trial; however, the felony conviction may be admissible if it involved dishonesty or the making of a false statement; and Defendant shall file and serve his motion for appointment of counsel no later than Wednesday, May 18, 2011. (Becknal, R)
March 28, 2011 Opinion or Order Filing 81 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/25/11 ORDERING the Custodian to produce George Lee at 11:00 a.m. on May 11, 2011 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)(Dillon, M)
March 15, 2011 Opinion or Order Filing 80 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/15/2011 ORDERING the Custodian to produce George Lee #E-15396 via video-conferencing on May 11, 2011 at 11:00 am 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. (cc: IT Dept)(Yin, K)
May 21, 2010 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/20/2010 DENYING pltf's 68 request for court order re legal docs, books and pens. (Yin, K)
May 4, 2010 Opinion or Order Filing 67 ORDER and WRIT of Habeas Corpus Ad Testificandum signed by Magistrate Judge Kimberly J. Mueller on 5/4/2010 ORDERING that this shall amend the 66 writ issued 4/30/2010. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court, commanding the Warden of CMF to produce the inmate George Lee to participate by video conference in a mediation conference on 7/7/2010 11:00am, until completion of the settlement conference or as ordered by Judge Vadas. The custodian is ordered to no tify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The Clerk of the Court is directed to serve a courtesy copy of this Order and Writ of Habeas Corpus ad Testificandum on the Out-To-Court Desk. (cc: Out-To-Court Desk and CMF)(Duong, D)
April 30, 2010 Opinion or Order Filing 66 ORDER & WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kimberly J. Mueller on 4/29/2010 ORDERING that a Writ of Habeas Corpus ad Testificandum issue, under the seal of this court, commanding the Warden of CMF to produce the inmate George Lee to participate by video conference in a mediation conference on 7/7/2010 11:00am, until completion of the settlement conference or as ordered by Judge Vadas. 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. (Duong, D)
December 9, 2009 Opinion or Order Filing 57 ORDER to SHOW CAUSE signed by Magistrate Judge Kimberly J. Mueller on 12/09/09 ordering that defendant Stufflebeam show cause within 5 days why sanctions should not be imposed for his failure to file his pretrial statement. (Plummer, M)
November 12, 2009 Opinion or Order Filing 56 ORDER adopting 53 FINDINGS AND RECOMMENDATIONS IN FULL and granting in part and denying in part 47 Motion for Summary Judgment signed by Judge Frank C. Damrell, Jr on 11/12/09. (Kaminski, H)
September 9, 2009 Opinion or Order Filing 53 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 09/08/09 recommending that defendant Stufflebeam's motion for summary judgment 47 be granted in part and denied as follows: Granted as to plaintiff claims for injun ctive relief and punitive damages; Denied with respect to plaintiff's claim that defendant Stufflebeam denied plaintiff an accomodation in violation of the Americans with Disabilities Act by failing to allow plaintiff to use an elevator at Calif ornia State Prison, Solano to access the inmate law library at some time between 11/10/05 and 12/13/05. Plaintiff be ordered to file his pretrial statement within 30 days of any adoption of the foregoing findings and recommendations, and defendant be ordered to file his pretrial statement within 30 days of service of plaintiff's statement. MOTION for SUMMARY JUDGMENT 47 referred to Judge Frank C. Damrell; Objections due within 20 days. (Plummer, M)
April 2, 2009 Opinion or Order Filing 48 ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 44 signed by Judge Frank C. Damrell, Jr on 4/2/09: Defendant's motion for summary judgment is denied without prejudice 33 . Plaintiff shall file an opposition to defendants' March 24, 2009 motion for summary judgment within thirty days. Plaintiff's motion for leave to file an amended complaint is denied. (Kaminski, H)
February 19, 2009 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/17/09 recommending that dft's 33 motion for summary judgment be denied without prejudice to refiling a motion for summary judgment within thirty days challenging suit against defendant in his official capacity. If defendant elects not to re-file his motion for summary judgment, plaintiff's pretrial statement should be filed within sixty days and defendant's filed within twenty days of service of plaintiff's statement. Plaintiff's 37 motion for leave to file an amended complaint be denied. (Duong, D)
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