Lal v. Felker et al
| Azhar Lal |
| T. Felker, B Florez, S Michael Roche, M Miller, M. McDonald, J. Woodford, Garrison and - Barter |
| 2:2007cv02060 |
| October 1, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Garland E. Burrell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
285
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/02/16 ORDERING plaintiff's surreplies 280 , 282 , and 284 are stricken from the record. Also, RECOMMENDING that defendant's motion for summary judgment 271 be granted, judgment be entered in defendant's favor and the Clerk be directed to close the case. MOTION for SUMMARY JUDGMENT 271 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
269
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/01/15 ordering plaintiff's motion to compel is granted in part, his motion to locate property is denied and his motion to correct his deposition transcript is granted. 266 Defendant Fl ores shall provide further discovery responses as noted in this order on or before 12/22/15. Any further motions to compel with regard to those responses must be filed on or before 1/15/16. On or before 12/22/15, defendant shall afford plaintiff a meaningful opportunity to review his deposition transcript and shall submit a declaration with the court regarding the same. (Plummer, M)
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Filing
263
ORDER signed by Judge Kimberly J. Mueller on 6/1/2015 ADOPTING IN FULL 260 Findings and Recommendations; DENYING 216 Motion to Set Aside Default as to the grounds asserted in that motion; DENYING 214 Motion for Default Judgment; notwithstanding the denial of 216 Motion to Set Aside Default, and in light of the balancing of the Eitel factors, SETTING ASIDE 165 Clerk's Entry of Default Judgment as to B. G. Flores; ORDERING B. G. Flores to respond to the complaint within 14 days. (Michel, G.)
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Filing
260
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 04/02/15 recommending that defendant Flores' motion to set aside default 216 be denied as to the grounds asserted in that motion. Plaintiff's motion for default judgment 214 be denied. That notwithstanding the denial of Flores' motion, and in light of the balancing of the Eitel factors which weigh against the entry of a default judgment, the clerk's entry of default as to Flores be aside. That Flores be ordered to file a response to the complaint within 14 days of the entry of an order as these recommendations. Motions 214 and 216 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
257
ORDER signed by Judge Kimberly J. Mueller on 1/12/2015 ADOPTING IN FULL 255 Findings and Recommendations; GRANTING 204 Motion for Summary Judgment. (Michel, G)
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Filing
255
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/30/14 ORDERING that Plaintiffs request for leave to file a surreply 231 is granted. Plaintiffs requests to amend and/or re-file various documents with the c ourt 246 , 253 are denied. Plaintiffs request for disclosure pursuant to Rule 56(d) 233 is denied. Further, IT IS HEREBY RECOMMENDED that defendants Baltzer, Barton, Callison, Carter, Cullison, Garrison, and Yeagers motion for summary judgment 204 be granted. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
254
ORDER ADOPTING 250 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 9/16/2014. Plaintiff's 5/16/2013 189 Motion for Injunction and 8/2/2013 193 Motion to Compel, construed as a Request for Preliminary Injunction, are DENIED. (Marciel, M)
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Filing
252
ORDER signed by Judge Kimberly J. Mueller on 7/8/2014 CONFIRMING, upon reconsideration, the 200 Order Adopting Findings and Recommendations. (Michel, G)
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Filing
251
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/2/2014 DENYING plaintiff's 224 request for appointment of counsel ; DENYING plaintiff's 227 motion for discovery; and DENYING plaintiff's 239 , 243 requests to exceed the "50 page limit". (Yin, K)
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Filing
250
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/25/2014 RECOMMENDING that plaintiff's 189 motion for a preliminary injunction and 193 motion to compel, construed as a request for preliminary injunction, be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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Filing
242
ORDER signed by Judge Kimberly J. Mueller on 5/7/2014 DENYING plaintiff's 227 Motion for Reconsideration of 218 . (Marciel, M)
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Filing
218
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/17/13 ordering plaintiff's request for an extension of time 202 is denied as moot. Defendants' request for leave to file a second dispositive motion concerning plaintiff's ret aliation claims 203 is granted. Plaintiff's request for an extension of time 212 is granted in that his response to the motion for summary judgment shall be filed within 60 days from the date of this order. Plaintiff's request for a court order authorizing copies in excess of 50 pages 212 is denied. (Plummer, M)
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Filing
211
ORDER signed by Judge Kimberly J. Mueller on 11/5/13 DENYING 201 , 206 , and 208 . (Meuleman, A)
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Filing
200
ORDER signed by Judge Kimberly J. Mueller on 9/30/2013 FINDINGS AND RECOMMENDATIONS 179 , 194 are ADOPTED in FULL; Defendant Baltzer, Barton, Callison, Carter, Cullison, Garrison, Miller, and Yeager's motion for summary judgment on plaintiff& #039;s 8th Amendment claims 166 is GRANTED; plaintiff's 174 motion construed as a motion for preliminary injunction is DENIED; this action proceeds on plaintiff's 1st Amendment retaliation claims against defendants Baltzer, Barton, Call ison, Carter, Cullison, Garrison, Miller, and Yeager, and on plaintiff's 1st and 8th Amendment claims against defendant Flores; and plaintiff's 178 , 190 , 191 motion for default judgment against defendant Flores is DENIED without prejudice.(Reader, L)
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Filing
194
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/15/13 ORDERING defendants may seek leave to file a second dispositive motion addressing plaintiff's retaliation claims within 21 days of any order adopting the recommendations below. Plaintiff's request for appointment of counsel 188 is denied. Also, RECOMMENDING that defendant Baltzer, Barton, Callison, Carter, Cullison, Garrison, Miller and Yeager's motion for summary judgment on plaint iff's Eighth Amendment claims 166 be granted. This action shall proceed on plaintiff's First Amendment retaliation claims against defendants Baltzer, Barton, Callison, Carter, Cullison, Garrison, Miller and Yeager and on plaintiff's First and Eight Amendment claims against defendant Flores. Plaintiff's motion for default judgment against defendant Flores 178 , 190 , 191 be denied without prejudice. Motions 166 , 178 , 190 , 191 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
181
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/22/12 ordering that plaintiff's 10/17/12 motion 180 is denied. (Plummer, M)
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Filing
179
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/18/12 ORDERING that plaintiff's objection to defendants' expert and request for a court order 172 is denied. Plaintiff's motion for the appointment of an expert 173 is denied. Plaintiff's request for an extension of time 176 is granted to the extent that plaintiff has 30 days from the date this order is filed to oppose defendants' summary judgment motion. RECOMMENDING that 174 MOTION for PRELIMINARY INJUNCTION be denied. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
177
ORDER signed by Judge Kimberly J. Mueller on 9/28/12 ORDERING 164 FINDINGS AND RECOMMENDATIONS are adopted in full; and 145 Motion for Default Judgment is denied. (Matson, R)
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Filing
175
ORDER signed by Judge Kimberly J. Mueller on 9/27/2012 FINDINGS AND RECOMMENDATIONS # 157 are ADOPTED in FULL; Plaintiff's # 146 motion for a preliminary injunction is DENIED; Plaintiff's requests, contained within his 9/6/2012 objections # 169 are DENIED. (Reader, L)
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Filing
164
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/24/12 ORDERING that the clerk of the court enter the default of defendant B. Flores and serve this defendant with this order at the address listed on Docket No. 140 . Also, RECOMMENDING that plaintiff's 02/23/12 motion for default judgment 145 be denied. MOTION for DEFAULT JUDGMENT 145 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
163
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/20/2012, ORDERING that plaintiff's 151 motion to compel is DENIED; the deadline for filing dispositive motions is 9/4/2012; defendants' 153 motion for summary judgment is DENIED wi thout prejudice; on or about 9/4/2012, defendants may re-file and re-serve the 5/25/2012 motion for summary judgment along with the attached Rand Notice; plaintiff shall file and serve an opposition within 30 days after defendants re-filed motion, an d defendants may file a reply within 14 days thereafter; plaintiff's 154 , 158 requests re the motion for summary judgment are DENIED as moot; plaintiff's 155 request for appointment of an expert is DENIED; and plaintiff's 160 request for an extension of time is GRANTED and any objections to the 6/22/2012 findings and recommendations are due no later than 9/4/2012. (Yin, K)
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Filing
157
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/21/12 ordering the 12/19/11 order to show cause 143 is discharged. Plaintiff's 04/24/12 request for appointment of counsel 150 is denied. Also, RECOMMENDING that plaintiff's 02/27/12 motion for a preliminary injunction 146 be denied. MOTION for PRELIMINARY INJUNCTION 146 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
147
ORDER signed by Judge Kimberly J. Mueller on 3/7/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/19/11 143 are ADOPTED in full; Plaintiff's MOTION for terminating sanctions 129 is DENIED; The MOTION for Reconsideration 144 is DENIED with prejudice.(Mena-Sanchez, L)
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Filing
143
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/15/11 ORDERING plaintiff's motion for judicial intervention 138 is denied. Defendants' request to strike 139 is denied as worded, but the court w ill disregard docket entries 136 and 137 . Within 21 days of the date of this order, defendants shall produce complete copies of plaintiff's internal appeals or shall submit a declaration by an individual with personal knowledge of the proce ssing and filing of plaintiff's appeals explaining the basis for defendants' assertion that all of the documents produced; and defendant's counsel shall show cause why he should not be sanctioned and/or referred to the state bar for submitting an untrue declaration. Also, RECOMMENDING that plaintiff's motion for terminating sanctions be denied. MOTION for Sanctions 129 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
142
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/11 ordering within 14 days from the date of service of this order, defendant Flores shall pay to the U.S. Marshal the sum of $65.70, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 days period. The clerk shall serve a copy of this order to the U.S. Marshal. (cc: USM) (Plummer, M)
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Filing
109
ORDER signed by Magistrate Judge Edmund F. Brennan on 03/02/11 ordering plaintiff's motion for appointment of counsel 89 is denied. Plaintiff's mottion for sanctions 99 is partially granted and partially denied as explained above. Pla intiff's motion for filing and serving pleadings 100 is denied as moot as the documents have been filed. Defendants are ordered to give copies of staff complaint package, Log No. HDSP 05-349, and staff complaint package, Log No. HDSP-06-568 t o plaintiff within 7 days of the date of this order. Defendants are ordered to provide plaintiff with an unredacted copy of the third watch roster for Facility D medical clinic for the time of the incidents described in the complaint within 7 days o f the date of this order. Defendants are ordered to show cause within 14 days why defendant Florez should not be served by publication. Plaintiff's request to serve defendant Barton is granted. The clerk of the court shall send plaintiff a bl ank summons, 1 USM 285 form, instruction sheet and a copy of the 05/05/08 amended complaint to be completed and returned within 21 days. Within 21 days of the date of this order, defendant shall provide plaintiff complete copies of his central and m edical files; all of the internal appeals he filed at High Desert State Prison and to the Director of Corrections; the complaints in the 1983 actions defendants listed in their discovery responses; and the medical policies and procedures which the court has already held plaintiff is entitled to. Plaintiff's request to add Nappi and Young as defendants in this action is denied. The clerk of the court is directed to terminate docket entries 89 , 99 , and 100 .(Plummer, M)
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Filing
106
ORDER signed by Judge Garland E. Burrell, Jr on 9/24/2010 ORDERING that the 98 findings and recommendations filed July 26, 2010 are adopted in full. Plaintiff's 97 July 15, 2010 motion for a permanent injunction is DENIED and Plaintiff's 101 July 29, 2010 motion for a permanent injunction is DENIED. (Duong, D)
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Filing
98
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/26/10 RECOMMENDING that the MOTION for TEMPORARY RESTRAINING ORDER 97 filed by Azhar Lal be denied; REFERRED to Judge Garland E. Burrell, Jr.; objections to these F&R's may be filed within 14 days after being served with these F&R's. (Carlos, K)
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Filing
88
ORDER signed by Judge Garland E. Burrell, Jr. on 3/30/2010. Upon reconsideration, the portion of Magistrate Judge Brennan's 79 Order denying plaintiff's Motion for Protection of legal property is AFFIRMED. (Marciel, M)
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Filing
79
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/10/10 ORDERING that plaintiffs 58 motion for judicial intervention is GRANTED; Defendants counsel shall make inquiry with the Department of Corrections and Rehabilitation to ascertain the wher eabouts of defendants Barter, Cooper, and Florez, and file and serve their response within 30 days of the date of thisorder; Plaintiffs 61 motion to compel discovery is partially granted and partially denied; Defendants are ordered to either produc e documents responsive to request 12 and 16 or prepare a privilege log that complies with federal law within 30 days; Defendants 66 motion to vacate the scheduling order is GRANTED; Plaintiffs 77 motion for the protection of legal property is DENIED.(Dillon, M)
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Filing
78
ORDER signed by Magistrate Judge Edmund F. Brennan on 01/27/10 ORDERING that plf's 70 Motion for Extension is GRANTED; plf has 30 days to file and serve his objections to F&Rs. (Benson, A.)
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Filing
67
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/13/09, ORDERING that 60 pltf's amended complaint is DISREGARDED; and the Clerk shall make a notation on the docket to that effect. It is RECOMMENDED that 44 pltf's motion to add dfts be denied. Motion 44 referred to Judge Burrell. Within 20 days after being served with these f&r's, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
65
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/05/09 ordering the clerk of the court shall mail plaintiff 1 USM-285 form and a copy of the amended pleading filed 05/05/08 to be completed and returned within 60 days. (Plummer, M)
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Filing
59
ORDER signed by Judge Garland E. Burrell, Jr on 8/24/09 ORDERING the Findings and Recommendations 36 ADOPTED IN FULL; and pltf's 11/24/08 Request for Temporary Restraining Order 24 is DENIED. (Carlos, K)
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Filing
55
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/6/09 ORDERING that the 54 first set of interrogatories is STRICKEN and the Clerk shall make a notation on the docket to that effect.(Dillon, M)
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Filing
53
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/31/09 ORDERING that 51 request for production of documents and 52 first set of interrogatories are STRICKEN and the Clerk of the Court shall make a notation on the docket to that effect. (Dillon, M)
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Filing
49
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/7/09 ORDERING the clerk to mail pltf forms for service for dfts Barter and Cooper to be completed and returned w/in 60 days, along w/ the Notice of Submission; failure to provide new instructions for svc w/in time allowed or to show good cause for such failure will result in a recommendation that this action be dismissed as to those dfts. (Yin, K)
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Filing
27
ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 1/20/09 ORDERING that the findings and recommendations 17 are adopted in full; and this action is dismissed as to defendants Woodford, Felker, Dangler, Roche, Gra nnis and McDonald for plaintiff's failure to state a cognizable claim against them. See 28 U.S.C. § 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 2000) (indigent prisoner proceeding without counsel must be given leave to file amended complaint unless the court can rule out any possibility that the plaintiff could state a claim). Defendants TERMINATED. (Becknal, R)
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