Gipbsin v. Deforest, Goni, Prater, Shelton and Stone
Plaintiff: Clarence A Gipbsin
Defendant: Scott Kernan, T. Felker, J. Rivas, R. Abney, M. Aguilera, G. Davis, C. Glenn, F. Jones, K. Hardy, C. Pagala, T. Cobb, W. Rush, A. Gillett, D. McGuire, H. Wagner, D. Jackson, D. Blankenship, R. Waybright, T. Lucarelli, A. Colon, K. Battey, M. Minnick, J. Shelton, M. DeForest, C. Prater, M. Goni, C. Stone, S. Avilia, Nick, Stevenson and Williams
Case Number: 2:2007cv00157
Filed: January 24, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 15, 2016 Opinion or Order Filing 295 ORDER denying 291 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 8/15/16. (Plummer, M)
August 2, 2016 Opinion or Order Filing 289 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/2/2016 RECOMMENDING that defendants' 278 motion for summary judgment be granted, plaintiff's 288 motion for permanent injunction be denied as moot, and judgment be entered in defendants' favor, and that the Clerk be directed to close the case. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
March 16, 2016 Opinion or Order Filing 284 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/16 DENYING 283 Motion to Appoint Counsel. (Dillon, M)
February 23, 2016 Opinion or Order Filing 281 ORDER adopting in full 274 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 2/22/16. Plaintiff's 272 Motion for a Preliminary Injunction is DENIED. (Kastilahn, A)
December 23, 2015 Opinion or Order Filing 274 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/23/15 denying 268 Motion to Compel. Also, RECOMMENDING that plaintiff's motion for a preliminary injunction 272 be denied. MOTION for PRELIMINARY INJUNCTION 272 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
May 21, 2015 Opinion or Order Filing 267 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/15 ORDERING that the Clerk is directed to reopen this case; Discovery is reopened for the purpose of addressing the basis of plaintiffs retaliation claim. The parties may conduct discovery until September 25, 2015. Plaintiffs motions for the appointment of counsel, a settlement conference, and a trial date (ECF Nos. 260 , 261 , and 262 ) are DENIED without prejudice.(Dillon, M)
December 21, 2012 Opinion or Order Filing 252 AMENDED ORDER signed by Chief Judge Morrison C. England, Jr on 12/21/12 re: 246 Motion for Transcripts. (Meuleman, A)
December 20, 2012 Opinion or Order Filing 251 ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/12 GRANTING 246 Motion for Transcript at Government's expense. (Manzer, C)
December 14, 2012 Opinion or Order Filing 249 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/13/12 denying 247 Motion to Appoint Counsel. The court notest that it will issue no response to future filings by plaintiff in this action not authorized by the Federal Rules of Civil Procedure or Federal Rules of Appellate Procedure. (Plummer, M)
October 24, 2012 Opinion or Order Filing 223 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/12 ordering plaintiff's motion to renew his motion in limine is granted and his requests for copies and to amend the complaint are denied. The clerk of the court shall terminate docket entries 216 , 220 and 221 .. (Plummer, M)
October 3, 2012 Opinion or Order Filing 222 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 10/3/2012 ORDERING the custodian to produce Clarence A. Gipbsin #H-39349, to testify in USDC at 9:00 A.M. on 11/26/2012 in courtroom #7, before J udge Morrison C. England, Jr.; 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; and the clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden of PBSP. (cc: OTCD-SAC) (Yin, K)
September 21, 2012 Opinion or Order Filing 219 ORDER signed by Judge Morrison C. England, Jr on 9/20/12 ADOPTING IN FULL 214 Findings and Recommendations; DENYING 209 Motion and 212 Motion. (Meuleman, A)
August 15, 2012 Opinion or Order Filing 214 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/14/12 recommending that plaintiff's motion for a preliminary injunction 209 and 212 be denied. MOTIONS 209 and 212 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
February 27, 2012 Opinion or Order Filing 210 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/12 ORDERING that Plaintiffs 206 objection is overruled. Plaintiff may object to defendants use of evidence regarding his no-contest plea through a properly filed in limine motion. The Pretrial Order, which is now final, indicates that evidentiary issues must be addressed by appropriate in limine motions filed not later than 21 days before trial. (Dckt. No. 204 at 3.)(Dillon, M)
May 25, 2011 Opinion or Order Filing 202 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/25/2011 DENYING pltf's 200 request for appointment of counsel. (Yin, K)
March 24, 2011 Opinion or Order Filing 196 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/23/2011 ORDERING that w/in 30 days, pltf shall file and serve a pretrial statement and any motions necessary to obtain trial witnesses; dfts shall file a pretrial statement not later than 30 days after pltf's statement; Pretrial Conference will be conducted on the file only; the date for Jury Trial will be set in the pretrial order. (Yin, K)
March 22, 2011 Opinion or Order Filing 195 ORDER ADOPTING 188 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 3/21/2011. Defendants' 180 Motion for Summary Judgment is GRANTED as to plaintiff's 1st Amendment retaliation claim and DENIED as to plaintiff's 8th Amendment excessive force claim. (Marciel, M)
February 11, 2011 Opinion or Order Filing 188 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/10/11 recommending that defendants' 0812/10 motion for summary judgment be granted as to plaintiff's first amendment retaliation claim and denied as to plaintiff's Eighth Amendment excessive force claim. MOTION for SUMMARY JUDGMENT 180 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
December 10, 2010 Opinion or Order Filing 187 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/10/10 ORDERING Plaintiffs docket 177 Objections, and 178 Pretrial Statement STRICKEN. (Williams, D)
May 4, 2010 Opinion or Order Filing 176 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/4/10 ORDERING that Plaintiff 12/28/09 Request for entry of default against defendant Ehle 160 is DENIED. Defendants' 12/23/09 Request for an extension of time, 159 is GRANTED. Plaintiff 's 12/29/09 and 1/11/10 MOTIONS to COMPEL 162 and 166 are DENIED. Defendants' 1/27/2010 MOTION TO STRIKE Plaintiff's 1/11/10 MOTION TO COMPEL as duplicative, 169 , is DENIED as moot. Plaintiff's 1/0710 and 1/11/10 MOTIONS TO COMPEL the depositions of defendants, 164 and 167 are DENIED. Plaintiff's 12/28/09 and 1/11/10 MOTIONS for SUMMARY JUDGMENT 161 and 168 , are DENIED. Defendants' 1/27/10 MOTION TO STRIKE Plaintiff's 1/11/10 MOTIONS for SUMMARY J UDGMENT as duplicative, 170 , is DENIED as moot. Plaintiff's 2/19/10 Request for a pretrial conference, 172 , is DENIED. Defendants' 2/12/10 MOTION TO COMPEL and for sanctions, 171 , is GRANTED to the extent that Plaintiff must, within 2 1 days of the date this order is filed, serve responses to Defendants' Request for production of documents. The 5/7/10 dispositive motion deadline is VACATED, and dispositive motions shall be filed on or before 8/13/10. Plaintiff's 2/22/10 Request for sanctions, 173 , is DENIED. Defendants' 2/23/10 MOTION to withdraw their motion to compel interrogatory responses, 174 , is GRANTED. Plaintiff is cautioned that failure to comply with this and/or future orders may result in sanctions, including the sanction of dismissal. (Mena-Sanchez, L)
December 4, 2009 Opinion or Order Filing 155 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/4/09 ORDERING that dfts' 154 request is GRANTED and dfts have until 12/23/09 to file and serve their responses; pltf's 153 pretrial statement is STRICKEN as premature and the clerk to make a notation on the dkt. (Yin, K)
November 4, 2009 Opinion or Order Filing 152 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/04/09 ordering plaintiff's 10/28/09 and 11/02/09 requests for production of documents and requests for admissions 149 , 150 , 151 are stricken and the clerk of the court shall make a notation on the docket to that effect. (Plummer, M)
October 26, 2009 Opinion or Order Filing 148 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/09 ordering the clerk of the court shall not enter defendants' default and plaintiff's 10/19/09 motion 146 is denied.(Plummer, M)
October 20, 2009 Opinion or Order Filing 145 DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/2009: Discovery due by 2/12/2010. Non-Dispositive Motions due by 2/12/2010. Dispositive Motions due by 5/7/2010. If necessary, the Court will schedule pretrial proceedings upon resolution of any pretrial motions filed. (Suttles, J)
August 25, 2009 Opinion or Order Filing 138 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/25/09 RECOMMENDING that defendants motion to dismiss be granted in part, in that plaintiffs claims arising from events other than those alleged to have occurred on 8/12/05 , be dismissed, without prejudice to being raised in separate actions; this action shall therefore proceed against defendants Deforest, Shelton, Prater, Goni, and Stone only, on plaintiffs claims relating to the 8/12/05 events; Defendants motion for a more definite statement be denied as unnecessary; and plaintiffs 12/31/08 motion to supplement be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 15 days.(Dillon, M)
August 19, 2009 Opinion or Order Filing 137 ORDER adopting 132 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 8/19/09: Plaintiff's September 22, 2008 motion, construed as a request for injunctive relief, is DENIED 44 . Plaintiff's November 10, 2008 motions for temporary restraining orders are DENIED 51 , 52 . Plaintiff's November 24, 2008 motion for federal placement is DENIED 55 . Plaintiff's March 9, 2009 motion is DENIED 113 . (Kaminski, H)
February 17, 2009 Opinion or Order Filing 87 ORDER signed by Judge Morrison C. England, Jr on 2/13/09 ORDERING the Findings and Recommendations 57 are ADOPTED IN FULL; the conspiracy claim against dft Felker and all claims against dfts Colon, Naargard, Clark, Battey, Wong, Kernan, Terhune and Hardy are DISMISSED WITHOUT PREJUDICE. (Carlos, K)
February 5, 2009 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/09 ORDERING the clerk to mail pltf 3 USM-285 forms and a copy of the 24 amended cmplt to be completed and returned w/ the Notice of Submission of Documents w/in 60 days; failure to provide new instructions for svce on dfts Rivas, Rush and Maddock w/in the time allowed or show good cause for such failure will result in a recommendation that this action be dismissed as to those dfts.(Yin, K)
January 22, 2009 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/22/09 ORDERING that pltf has 20 days either to explain his failure to comply w/ the 59 order, or submit 2 copies of his 24 amended cmplt and 1 USM-285 form; the clerk to send pltf 1 copy of the amended cmplt and 1 blank USM-285 form. (Yin, K)
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Search for this case: Gipbsin v. Deforest, Goni, Prater, Shelton and Stone
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Plaintiff: Clarence A Gipbsin
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Defendant: Scott Kernan
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Defendant: T. Felker
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Defendant: J. Rivas
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Defendant: M. Aguilera
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Defendant: G. Davis
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Defendant: C. Glenn
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Defendant: F. Jones
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Defendant: K. Hardy
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Defendant: C. Pagala
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Defendant: T. Cobb
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Defendant: W. Rush
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Defendant: A. Gillett
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Defendant: D. McGuire
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Defendant: H. Wagner
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Defendant: D. Jackson
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Defendant: D. Blankenship
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Defendant: R. Waybright
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Defendant: T. Lucarelli
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Defendant: A. Colon
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Defendant: K. Battey
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Defendant: M. Minnick
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Defendant: J. Shelton
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Defendant: M. DeForest
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Defendant: C. Prater
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Defendant: M. Goni
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Defendant: C. Stone
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Defendant: S. Avilia
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Defendant: Nick
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Defendant: Stevenson
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Defendant: Williams
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