Swearington v. Wedell, et al
Case Number: 2:2006cv01407
Filed: June 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: None

Available Case Documents

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Date Filed Document Text
November 1, 2012 Opinion or Order Filing 106 ORDER signed by Judge Garland E. Burrell, Jr on 10/31/12 ORDERING that plaintiff's 10/26/12 motion for reconsideration 104 is DENIED. (Becknal, R)
April 13, 2011 Opinion or Order Filing 101 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/12/11 ORDERING that defendants are relieved of their obligation tofile a further pretrial statement; RECOMMENDING that this action be dismissed for failure to prosecute; 11 Amended Complaint referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
January 12, 2011 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Edmund F. Brennan on 01/11/11 ordering that plaintiff file his pretrial statement within 30 days of this order. Defendants Duc and Duru shall file their pretrial statement within 14 days of service of plaintiff's. (Plummer, M)
December 10, 2010 Opinion or Order Filing 94 ORDER signed by Judge Garland E. Burrell, Jr. on 12/9/2010 ADOPTING 92 Findings and Recommendations in full. Dft Weiner's 61 Motion for Summary Judgment is GRANTED. Dft Weiner is DISMISSED from this action. (Zignago, K.)
October 20, 2010 Opinion or Order Filing 92 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/19/10 ORDERING the Clerk of the Court is directed to seal the exhibits to the declaration of Pamela R. Peters 52 and 66 with the exception of Exhibit A, p age 1, Exhibit B, pages 1 and 229 52 and 66 and Exhibit C 66 . Also, RECOMMENDING that defendant Weiner's motion for summary judgment 61 be granted. MOTION for SUMMARY JUDGMENT 61 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
September 24, 2010 Opinion or Order Filing 89 ORDER ADOPTING 87 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 9/24/2010. The 55 Motion for Summary Judgment filed by defendants Duc, Wedell, and Duru is GRANTED in part and DENIED in part. It is DENIED with respect to plaintiff's claims arising from his visits with Drs. Duc and Duru but GRANTED in all other respects. Thereby resulting in defendant Wedell being DISMISSED from this action. (Marciel, M)
August 11, 2010 Opinion or Order Filing 87 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 8/10/10 ORDERING that Defendants' 1/19/10 Request for Judicial Notice is DENIED. IT IS RECOMMENDED that the MOTION for SUMMARY JUDGMENT filed by Defendants Duc, Wedell and Duru 55 be granted in part and denied in part as follows: Denied with respect to Plaintiff's claim arising out of his visit with Dr. Duc on 3/23/04; Denied with respect to Plaintiff's claim arising out of his visit with Dr . Duru on 12/31/04. Granted in all other respects thereby resulting in Defendant Wedell being dismissed from this action. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. Within twenty-one days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties.(Mena-Sanchez, L)
June 14, 2010 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Kimberly J. Mueller on 06/14/10 ordering plaintiff's motion in limine 83 is denied without prejudice. Plaintiff's 05/05/10 motion to petition for judicial assistance 79 is denied. Plaintiff's 03/18/10 motion and petition for judicial assistance 70 is denied. Plaintiff's motion for leave to file a second amended complaint 77 is denied. (Plummer, M)
May 7, 2010 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/06/10 ordering plaintiff has file a motion for leave to file a second amended complaint along with a copy of the proposed second amended complaint. If defendants wish to oppose the motion they shall file their opposition within 14 days. (Plummer, M)
April 2, 2010 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/2/2010 ORDERING that pltf's 72 motion to correct errors in amended cmplt is DENIED w/out prejudice to refiling w/in 30 days a proposed amended cmplt. (Yin, K)
February 26, 2010 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Kimberly J. Mueller on 02/25/10 ordering that within 30 days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)
February 25, 2010 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/25/10 ORDERING that, within thirty days of the date of this order, Plaintiff shall file an opposition to the motion for summary judgment or a statement of non- opposition. (Mena-Sanchez, L)
February 11, 2010 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Kimberly J. Mueller on 02/10/10 denying 46 Motion for Summary Judgment. Defendant Weiner is granted 21 days within which to file a motion for summary judgment concerning the claim remaining against defendant Weiner described in this order. (Plummer, M)
September 2, 2009 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/1/09: Discovery due by 11/21/2009. All pretrial motions, except motions to compel discovery, due by 1/16/2010. The pretrial conference and trial dates established in the court's April 30, 2009 order are vacated and will be reset, if necessary, after the resolution of any dispositive motions and after the parties submit pretrial statements. (Kaminski, H)
August 25, 2009 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/25/09 ordering that plaintiff requests that the court extend the deadline for discovery by 90 days. Defendants are directed to inform the court of their position with respect to plaintiff's request within 14 days of the filed date of this order. (Plummer, M)
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