Perez v. Sisto et al
| 2:2006cv02090 |
| September 20, 2006 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Morrison C. England |
| Gregory G. Hollows |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
144
ORDER denying 142 Motion for Sanctions signed by Judge Kimberly J. Mueller on 5/29/12. (Matson, R)
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Filing
113
ORDER AND WRIT ISSUED signed by Judge Kimberly J. Mueller on 2/3/12 ORDERING the Warden of California Men's Colony to produce Jose Manuel Perez on 2/27/12 at 1:30 p.m. before the Honorable Kimberly J. Mueller. (cc Out-to Court Desk) (3 certified copies to the Warden)(Matson, R)
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Filing
110
ORDER signed by Judge Kimberly J. Mueller on 1/4/2012 re 108 Stipulation and Proposed Order filed by Jose Manuel Perez ORDERING the parties' stipulated protective order is ADOPTED in part; paragraph 7 located at page 3 lines 4-5 of the stipulated protective order is NOT ADOPTED, without prejudice to a party's filing a proper motion seeking to seal any of the exhibits in connection with a court filing. (Waggoner, D)
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Filing
105
ORDER signed by Judge Kimberly J. Mueller on 12/20/11 ORDERING that Alexandra P. Summer be appointed as counsel; that Alexandra P. Summer notify Sujean Park if she has any questions related to the appointed; and DIRECTING the Clerk of Court to serve a copy of this order upon Alexandra P. Summer. Attorney Alexandra P. Summer for Jose Manuel Perez added. (Meuleman, A)
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Filing
103
ORDER signed by Judge Kimberly J. Mueller on 12/14/2011. Clerk shall serve plaintiff a copy of information posted at the "Other Calendaring Information" link on court calendar page for Judge Mueller. Clerk shall also serve plaintiff a copy of "Consent and Decline Magistrate Judge Trial Jurisdiction" form. Plaintiff shall return document no later than 14 from this Order. (Marciel, M)
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Filing
99
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 10/24/2011 ORDERING the custodian to produce Jose Manuel Perez #P-46359, before Judge Kimberly J. Mueller, to appear by video-conferencing at Cal ifornia Men's Colony, 11/30/2011, at 11:00 a.m. ; 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 CMC Warden.(Yin, K)
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Filing
98
ADDENDUM TO PRETRIAL ORDER 95 signed by Magistrate Judge Gregory G. Hollows on 9/28/11. (Becknal, R)
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Filing
93
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/2011 DENYING 91 Motion to Appoint Counsel. (Zignago, K.)
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Filing
88
ORDER ADOPTING 78 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Kimberly J. Mueller on 3/21/2011. Defendants' 61 Motion for Summary Judgment is GRANTED in part and DENIED in part. Motion is DENIED as to defendant Williams a s to plaintiffs claim that she violated 8th Amendment when she arguably helped precipitate an inmate attack upon Mr. Perez. But GRANTED as to any other claim against defendant Williams. Motion is GRANTED as to defendant Lozano. It is DENIED as to Mr. Perez's claim of excessive force during his escort against defendants Cantu and Cortez. And it is GRANTED as to any other claim against defendant Cortez. This matter shall proceed to Trial on only failure to protect claim against defendant Williams and the excessive force claim against defendants Cantu and Cortez. (Marciel, M)
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Filing
85
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/30/10 DENYING 83 Motion to Appoint Counsel. (Dillon, M)
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Filing
78
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 07/20/10 ORDERING plaintiff's motion for sanctions filed on 12/29/09 69 is denied. Plaintiff's motion for clarification, filed on 12/30/09 70 prima rily construed as a motion for his belatedly received objections to the 08/25/09 findings and recommendations to be considered following adoption of those findings and recommendations by order filed on 11/06/09 is denied. Plaintiff's motion to treat defendants' failure to file an opposition to plaintiff's motion for sanctions as non-opposition filed on 04/05/10 72 is denied. Also, RECOMMENDING that defendants' motion for summary judgment, filed on 10/07/09 61 be denied in part and granted in part: 1. As to defendant Williams, Denied as to plaintff's claim that Williams violated the 8th Amendment when she arguably helped precipitate an inmate attack upon plaintiff by allegedly yelling in full hearing of other i nmates that plaintiff was trying to interfere with their housing but granted as to any other claim against defendant Williams. 2. Granted as to defendant Lozano. 3 Denied as to plaintiff's claim of excessive force during his escort against defen dants Cantu and Cortez. 4. Granted as to any other claims against defendant Cortez. 5. This matter proceed to trial only, as identified specifically above, on the failure to protect claim against defendant Williams and the excessive force claim against defendants Cantu and Cortez. MOTION for SUMMARY JUDGMENT 61 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
77
ORDER signed by Magistrate Judge Gregory G. Hollows on 06/17/10 ordering that defendants' 06/11/10 request 76 is granted; the original VHS tape may be retrieved from the chambers of the undersigned by a representative of defendants' counsel, i.e., the state Attorney General's Office at their earliest convenience. (Plummer, M)
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Filing
73
ORDER signed by Magistrate Judge Gregory G. Hollows on 06/08/10 ordering that defendants provide a functional copy of the 02/03/06 interview, identified above, forthwith and in no event beyond 7 calendar days from the date of this order. (Plummer, M)
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Filing
67
ORDER ADOPTING 53 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 11/05/09 and ORDERING that plf's 47 motion for the order dismissing several defendants to be certified as a final judgment for appeal is DENIED. (Benson, A.)
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Filing
55
[DISCHARGED PURSUANT TO 58 ORDER] ORDER signed by Magistrate Judge Gregory G. Hollows on 09/01/09 ordering while the court will accept defendants' explanation of why the responses were not filed as of 05/11/09, they have yet to demonstrate that all of the discovery responses were filed on or before 05/17/09. Defendants have until 09/09/09 to do so. (Plummer, M) Modified on 9/23/2009 (Yin, K).
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Filing
53
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/25/09 ORDERING plaintiff's 02/05/09 36 request for default judgment against defendant Lozano, which the court had previously found not to be in default, is denied, as is his inapposite alternate request to be transferred to Solano State Prison. Plaintiff's 05/19/09 48 motion re: "not to give deposition," construed as a motion to quash the notice and taking of his deposition is deni ed. Defendants must file within 10 days, a proof of service showing that they served responses to plaintiff's discovery requests upon him, pursuant to the court's order, filed on 05/06/09 46 , by no later than 05/11/09. Also, RECOMMENDIN G that plaintiff's 05/15/09 47 motion for the order dismissing several defendants to be certified as a final judgment for appeal, pursuant to FRCP 54(b) be denied. Motion 47 referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)
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Filing
38
ORDER ADOPTING FINDINGS and RECOMMENDATIONS 30 , in full, signed by Judge Morrison C. England, Jr. on 2/19/2009. The 16 Motion to Dismiss by defendants - Orrick, B. C. Roszko, E. Sandy, Durfey, and Flete is GRANTED and this case shall proceed ONLY as to defendants who have previously answered. (Marciel, M)
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Filing
32
ORDER signed by Magistrate Judge Gregory G. Hollows on 01/26/09 ordering by a response filed on 01/20/09 31 , defendant Lozano has discharged the show cause order, filed on 01/08/09, included in docket 30 , and the court will not find this defendant to be in default. Attached to defendant's response 31 is a proposed answer on behalf of defendant Lozano which the court deems to be this defendant's answer filed as of the date of this order. (Plummer, M)
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Filing
30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/07/09 ORDERING that defendant Lozano show cause, within 10 days of the filed date of this order, why this defendant should not be found to be in default in this case. Also, RECOMMENDING that the motion to dismiss filed on 03/04/08 16 by defendants Durfey, Flete, Orrick, Roszko, and Sandy be granted, and this case proceed only as to the defendants who have previously answered Motion 16 referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)
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