Rios v. Tilton, et. al.
Plaintiff: Reno Fuentes Rios
Defendant: J.E. Tilton, Timothy M. Lockwood, K. Brandon, G. Parker and J. E. Mayfield
Case Number: 2:2007cv00790
Filed: April 25, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Dale A. Drozd
Presiding Judge: William B. Shubb
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
June 28, 2018 Opinion or Order Filing 285 ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2018 ORDERING the Clerk of Court to email to plaintiff's appellate counsel the following sealed documents: 176 , 177 , 182 , 184 , and 218 . Plaintiffs appellate counsel shall not in any way release such documents to the public, and shall not release such documents in any way to plaintiff without an order of permission from the Court of Appeals for the Ninth Circuit in Case No. 16-17213. (Henshaw, R)
March 23, 2017 Opinion or Order Filing 282 ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/17 ordering defendants' application for deposition costs 264 is granted; and plaintiff is taxed $1,487.03 in costs. (Plummer, M)
March 22, 2017 Opinion or Order Filing 281 ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2017 DENYING without prejudice plaintiff's 280 motion for preparation of transcripts at government's expense. (Yin, K)
November 18, 2016 Opinion or Order Filing 267 ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2016 VACATING the 12/15/2016 hearing before Magistrate Judge Kendall J. Newman. Within 14 days, plaintiff shall file a statement of opposition or nonopposition to counsel's 265 motion to withdraw. The Clerk shall serve a copy of this order on plaintiff.(Yin, K)
November 8, 2016 Opinion or Order Filing 263 ORDER signed by Magistrate Judge Kendall J. Newman on 11/3/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Jacquelyn Loyd is GRANTED. (Crouch, J)
October 13, 2016 Opinion or Order Filing 236 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/13/2016 ORDERING the custodian to produce Reno Fuentes Rios E-33173, to testify in USDC at 9:00 a.m. on 10/28/2016 in courtroom #25, before Magistrate Judge Kendall J. Newman; 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. (cc: OTCD-SAC) (3 Certified copies served on CSP-Calpatria Warden.) (Yin, K) Modified on 10/13/2016 (Yin, K).
July 28, 2016 Opinion or Order Filing 216 ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/16 ORDERING that the court grants the request to seal these documents. (Dillon, M)
May 16, 2016 Opinion or Order Filing 209 ORDER Re: Trial Procedures in Remedies Phase, signed by Magistrate Judge Kendall J. Newman on 5/13/2016 ORDERING that the 1/4/2016 Order (ECF 201 at 26,30) is AMENDED; Further Pretrial Conference set for 7/20/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; at least 14 days before the 7/20/2016 conference the parties shall file a supplemental briefing; Reply Briefs, if any, shall be filed within 5 days thereafter; to the extent the parties' briefs discuss or reveal confidential information, the briefs may be filed under seal.(Reader, L)
March 11, 2016 Opinion or Order Filing 206 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/9/16 ORDERING that defendants shall, within 7 days after the filing date of this order, show cause why they should not be sanctioned for failure to file a trial availability statement as required by the courts January 1, 2016 and January 20, 2016 orders (ECF Nos. 201 & 204 ), and shall file such statement.(Dillon, M)
January 4, 2016 Opinion or Order Filing 201 ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/2016 ORDERING the jury trial will be bifurcated into two phases: a liability phase and, if one or more defendants are found liable, a remedies phase. Within 30 days, the parties shall file statements with the court indicating the dates on which they are available for trial in 2016 and their best estimate as to the length of trial. (See Order for Details)(Yin, K)
March 24, 2015 Opinion or Order Filing 196 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/15 ordering the parties jointly stipulate and the court approves a 45 day extension of the discovery deadline from the court's 1/22/15 order. (Plummer, M)
February 26, 2015 Opinion or Order Filing 192 ORDER signed by Magistrate Judge Kendall J. Newman on 02/26/15 ordering for the reasons set forth above, the court declines to modify its order filed on 1/22/15. (Plummer, M)
January 22, 2015 Opinion or Order Filing 189 ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/15 ordering that plaintiff may proceed with his retaliation claims against defendants Parker and Mayfield. Plaintiff will be permitted to call prisoner Asofa Tafilele as a witness at trial. The court hereby reopens discovery for 60 days for the limited purpose of allowing defendants to take Mr. Tafilele's deposition if they so choose. Plaintiff will not be permitted to obtain visitor log records for the administrative segregatio n unit at CSP-SAC for the dates of June 7 and 8, 2006, as it appears to the court that plaintiff has waited too long to reopen discovery for the purpose of obtaining these documents, and the additional potential discovery that they would necessitate. The parties are to brief the court regarding the following matters, and any others that they believe will be helpful to conducting trial in this matter. Plaintiff is directed to file his initial brief no later than 60 days after docketing of this order. Defendants are directed to file their opposition no later than 45 days thereafter. Plaintiff may file a reply no later than 14 days after the filing of defendants' opposition. (See order for further details)(Plummer, M)
November 25, 2014 Opinion or Order Filing 181 ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/14 ORDERING that the 179 request to seal is GRANTED.(Dillon, M)
November 3, 2014 Opinion or Order Filing 178 ORDER signed by Magistrate Judge Kendall J. Newman on 11/3/14 ORDERING that Defendants counsel is hereby directed to serve, and file under seal, on or before Friday, November 21, 2014, a substantive response to plaintiffs sealed Brief Addressing the Reliability of the Source Items. Defendants response shall address the applicable law and plaintiffs concerns regarding each source item, including the reliability of each source item and the informant, but in addressing each item shall rely only on the information originally contained in each source item or considered by the Committee when validating plaintiff as a prison gang associate.(Dillon, M)
October 21, 2014 Opinion or Order Filing 175 ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/14 ordering the request to seal all of the confidential source items and Fischer's declaration is granted. (Plummer, M)
September 16, 2014 Opinion or Order Filing 168 STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 9/15/2014 APPROVING the parties stipulation to the provisions of this protective order that apply to the confidential materials as described in this order. The provisions of this order shall remain in force and effect until further order of this Court. (See Order for Details)(Yin, K)
June 25, 2014 Opinion or Order Filing 157 ORDER signed by Senior Judge William B. Shubb on 06/25/14 ordering that the clerk of the court reassign this case to the Honorable Kendall J. Newman. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear case number CIV-S 07-790 KJN. All currently scheduled dates presently set before Judge Shubb are hereby vacated. (cc: WBS)(Plummer, M)
May 8, 2014 Opinion or Order Filing 153 AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 5/8/2014 VACATING 152 Order and Writ of Habeas Corpus Ad Testificandum Issued; ORDERING the Warden to produce Inmate Reno Fuentes Rios, CDCR No. E-33173, to appear by video-conference at Kern Valley State Prison before the United States District Court on 5/20/2014 at 09:00 AM until completion of the proceedings or as ordered by the court; ORDERING the Warden to notify the court of any change in custody of said inmate and to provide the new custodian with a copy of this writ. (cc: Sacramento IT) (Michel, G)
April 30, 2014 Opinion or Order Filing 152 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/30/14. ORDERING the Custodian to produce Inmate Reno Fuentes Rios, CDCR No. E-33173, a necessary and material witness in proceedings in this cas e to appear in person before the Honorable Kendall J. Newman at the U.S District Court, Eastern District of California, 501 I Street, Sacramento, CA Courtroom No. 25, on Tuesday, 5/20/14, at 9:00 a.m. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. The Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Mena-Sanchez, L)
January 31, 2014 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Kendall J. Newman on 01/31/14 ordering the parties stipulation for extension of time 148 to file a joint statement is granted. The joint statement previously required by this court to be filed by 1/13/14, is hereby required to be filed by 02/21/14. (Plummer, M)
January 8, 2014 Opinion or Order Filing 147 ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ashley Joyce is GRANTED. (Crouch, J)
November 18, 2013 Opinion or Order Filing 146 ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/13 ORDERING that on or before January 31, 2014, the parties shall file a joint statement informing the court of the following whether a settlement conference should be scheduled in this action. (see order for details)(Dillon, M)
November 15, 2013 Opinion or Order Filing 145 ORDER signed by Senior Judge William B. Shubb on 11/15/2013 ADOPTING in full 141 Findings and Recommendations; GRANTING 134 Motion for Summary Judgment for Defendants Tilton and Lockwood; DISMISSING Defendants Tilton and Lockwood from this action ; DENYING 134 Motion for Summary Judgment for Defendants Brandon, Parker, and Mayfield; ORDERING that this action proceed on Plaintiff's due process claims against Defendants Brandon and Parker, and on Plaintiff's retaliation claims against Defendants Parker and Mayfield. (Michel, G)
October 29, 2013 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/13 ORDERING that Discovery, previously closed by this Court on March 16, 2012, is hereby reopened for the limited purpose of Plaintiff deposing Defendants Mayfield, Parker, and Brandon, and a Federal Rule of Civil Procedure (Rule) 30(b)(6) witness on California prison policies and procedures for classifying gang associates and for removing names from the gang associate list. Plaintiff may also, for the Rule 30(b)(6) witness, ser ve a subpoena duces tecum for production of all written policies, procedures, and guidelines, etc., for validating someone as a gang member and for removing someone from the gang associate list. The Parties shall make reasonable efforts to take and conclude the depositions in Sacramento by the end of 2013. (Dillon, M)
August 27, 2013 Opinion or Order Filing 141 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/26/13 RECOMMENDING that 134 MOTION for SUMMARY JUDGMENT be granted in part and denied in part; Summary judgment should be granted for defendants Tilton and Lockwood , who should be dismissed from this action. Summary judgment should be denied for defendants Brandon, Parker, and Mayfield. This action should proceed on plaintiffs due process claims against defendants Brandon and Parker, and plaintiffs retaliation claims against defendants Parker and Mayfield. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
January 29, 2013 Opinion or Order Filing 138 ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/2013 ORDERING that attorneys Medina and Duvernay's 136 request to withdraw their representation of plaintiff in this action is GRANTED; the request to appoint attorneys Todd Micha el Noonan and Regina Cabral Jones to represent plaintiff, together with current counsel Ashley Joyce is GRANTED, however the request to appoint Megan Sammut is DENIED without prejudice, pending her admission to practice in this court; and the Clerk is directed to modify the docket to reflect this substitution of counsel. (Yin, K)
December 4, 2012 Opinion or Order Filing 133 ORDER signed by Senior Judge William B. Shubb on 11/28/12 ORDERING that the 8/23/11 FINDINGS and RECOMMENDATIONS 96 and the 10/19/11 100 Order Adopting Findings and Recommendations are VACATED in part. Defendants' 11/19/10 MOTION for SUMMAR Y JUDGMENT 83 shall remain DENIED in part; however the Court VACATES the portion of its order granting in part Defendants' prior Motion for Summary Judgment. Within thirty days after service of this order, defendants shall file a new Motion f or Summary Judgment, as circumscribed herein, accompanied by the attached notice. The 9/11/12 Further Scheduling Order 130 , is VACTED, as are the deadlines for filing pretrial statements, the 3/1/13 Pretrial Conference, and the 5/14/13 Jury Trial; a revised scheduling order will be issued after resolution of defendants' renewed Motion for Summary Judgment. (Mena-Sanchez, L)
October 26, 2012 Opinion or Order Filing 131 ORDER signed by Judge William B. Shubb on 10/24/12 ORDERING that within 30 days, plaintiff shall file the attached notice of election form indicating whether he wishes to re-open the Motion for Summary judgment. Failure to timely respond to this order shall be deemed plaintiff's waiver to the defects in the timing of the notice of the motion for summary judgment, and this case will proceed to trial as scheduled. (Benson, A.)
August 3, 2012 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/12 ORDERING that the parties are directed to file, within 14 days after the filing date of this order, a joint statement that identifies: (1) the anticipated length of trial; and (2) any dates within the next year when any party may be unavailable for trial or a trial confirmation hearing.(Dillon, M)
June 29, 2012 Opinion or Order Filing 126 ORDER signed by Magistrate Judge Kendall J. Newman on 06/28/12 ordering that within 30 days after the filing date of this order, counsel for both parties shall file a joint statement indicating whether a settlement conference should be scheduled in this action and, if so, whether the parties agree that the undersigned may preside over the conference or request that another magistrate judge do so. (Plummer, M)
June 7, 2012 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING that Stephen Duvernay, Ashley Holland Joyce and Alexander M. Medina are APPOINTED as counsel for Reno Fuentes Rios, contingent on plaintiff executing the engagment letter and returning it to appointed counsel; and the clerk is directed to serve a copy of this order on Duvernay, Joyce, and Medina. (cc: ADR) (Yin, K)
May 23, 2012 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/12 ORDERING that the pretrial and trial dates currently set forth in the Further Scheduling Order filed March 19, 2012, are VACATED pending further order of this court. The 120 Motion to A ppoint Counsel is GRANTED. The Clerk of Court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept this appointment for the purpose of pursuing this action on plaintiffs behalf through all pretrial and trial proceedings. (cc ADR). (Dillon, M)
April 23, 2012 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 Plaintiffs March 30, 2012 motion to stay this action 117 , is denied as moot; The deadlines set forth in this courts March 19, 2012 Further Scheduling Order 116 , shall remain in effect absent further order of this court; and the court will duly consider a further motion for appointment of counsel, particularly if filed and served by plaintiff within fourteen (14) days after service of this order.(Dillon, M)
December 13, 2011 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2011 ORDERING that plaintiff's 107 request for appointment of counsel is DENIED, without prejudice; and plaintiff's 108 motion to "stay" is GRANTED as to the 11/2/11 Further Scheduling Order is VACATED pending further order of this court. (Yin, K)
November 2, 2011 Opinion or Order Filing 105 ORDER denying 102 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/01/11. (Plummer, M)
November 1, 2011 Opinion or Order Filing 103 ORDER signed by Judge William B. Shubb on 10/28/11 DENYING 101 Motion for Reconsideration. (Meuleman, A)
October 19, 2011 Opinion or Order Filing 100 ORDER signed by Judge William B. Shubb on 10/18/2011 ADOPTING 96 Findings and Recommendations in full; GRANTING IN PART and DENYING IN PART 83 Motion for Summary Judgment. This action will proceed only on plaintiffs retaliation claim against defendant Mayfield; Summary Judgment is GRANTED for all other defendants on all remaining claims. Defendants G. Parker, J.E. Tilton, K. Brandon and Timothy M. Lockwood are TERMINATED. (Michel, G)
August 23, 2011 Opinion or Order Filing 96 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/22/11 RECOMMENDING that 83 motion for summary judgment be granted in part and denied in part; and this action should proceed only on plaintiffs retaliation claim against defendant Mayfield; summary judgment should be granted for all other defendants on all remaining claims; referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
March 7, 2011 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/11 DENYING without prejudice 82 Motion to compel discovery; the 86 order to show cause is DISCHARGED; Defendants shall, within 14 days, notify the court whether they have relied, or intend to rely, on any confidential information other than that identified in their supplemental response to demonstrate the appropriateness of plaintiffs gang validation and, if applicable, shall identify such references in their motion for summary judgment, exhibits thereto, and/or reply; alternatively, defendants shall notify the court that they do not rely on any confidential information that was not disclosed pursuant to their supplemental response.(Dillon, M)
December 16, 2010 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/10 ORDERING that defendants shall, within 21 days after the filing date of this order, show cause why they should not be sanctioned for failure to file an opposition to plaintiffs 82 motio n, and shall file such opposition or statement ofnonopposition; Plaintiff may, within 14 days after service of defendants opposition, file a reply; and 85 Motion for Extension of time is GRANTED; the deadline for filing an opposition to defendants motion for summary judgment is suspended until further order of this court.. (Dillon, M)
September 24, 2010 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2010 ORDERING that pltf's 71 motion for discovery is GRANTED in part and DENIED in part; pltf's 71 motion for leave of court to amend the cmplt is DENIED; pltf's 76 motio n for protective order is DENIED w/out prejudice; pltf's 74 request for an extension of time is DENIED as moot; pltf's 70 motion to appoint counsel denied w/out prejudice; pltf's 75 motion to strike dfts' amended motion for summary judgment is GRANTED; dft's 67 amended motion for summary judgment is VACATED w/out prejudice to the filing of a "second amended motion for summary judgment". (Yin, K)
July 9, 2010 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Kendall J. Newman on 7/8/2010 ORDERING that Discovery is EXTENDED to 8/20/2010, any motion to compel to be filed by that date; Dispositive Motions deadline is EXTENDED to 11/19/2010; Dfts to, on or before 7/20/2010, serve pltf w/ full discovery responses; any further request by dfts for an extension of time to respond to pltf's disvovery requests will be viewed w/ disfavor. (Yin, K)
June 21, 2010 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/10 denying 62 plaintiff's motion. (Plummer, M)
March 26, 2010 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/2010 ORDERING that discovery due 7/1/10; Dispositve Motions due 9/30/10; dfts' 45 motion for summary judgment is DENIED w/out prejudice; pltf's 50 motion to strike is DENIED as moot; pltf's 48 motion for an extension of time to file an opposition is DENIED as moot; pltf's 35 motion to compel discovery and for a protective order are DENIED w/out prejudice, pltf's 35 motion for a hearing is DENIED as moot ; pltf's 39 motion for discovery is DENIED w/out prejudice; dfts' 53 motion for protective order staying discovery is DENIED as moot; dfts' 56 motion for an extension of time to respond to pltf's discovery requests is GRANTED in part, dfts to provide responses w/in 28 days. (Yin, K)
August 19, 2009 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/09 denying motions for appointment of counsel 34 , 41 . (Plummer, M)
January 26, 2009 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/23/09 recommending that defendants' 07/25/08 motion to dismiss 19 be granted in part and denied in part as follows: Defendants' motion to dismiss for failure to s tate a cognizable claim against defendants Tilton and Lockwood be denied. Defendants' motion to dismiss for failure to state a retaliation claim against defendant Mayfield be denied. Defendants' motion to dismiss for failure to state a due process claim against defendant Mayfield be granted. Motion 19 referred to Judge William B. Shubb. Objections due within 15 days. (Plummer, M)
May 1, 2007 Opinion or Order Filing 5 ORDER signed by Judge Dale A. Drozd on 4/30/07 ORDERING that within 30 days Pltf shall submit a certified copy of his prison trust account statement. Failure to comply with this order will result in a recommendation that this action be dismissed. (Engbretson, K.)
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Search for this case: Rios v. Tilton, et. al.
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Plaintiff: Reno Fuentes Rios
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Defendant: J.E. Tilton
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Defendant: Timothy M. Lockwood
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Defendant: K. Brandon
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Defendant: G. Parker
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Defendant: J. E. Mayfield
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