Graham v. Runnels, et al
Plaintiff: Levon D. Graham
Defendant: D. L. Runnels, A - Martin, A. Campa, T. Kopec, Roche, M. Wright, C. Terhune, L. - Alexander and R. Domondon
Case Number: 2:2007cv02291
Filed: October 26, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Lawrence K. Karlton
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

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

Date Filed Document Text
November 20, 2013 Opinion or Order Filing 190 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/2013 DISMISSING this action with prejudice pursuant to the parties stipulation and Fed. R. Civ. P. 41(a). CASE CLOSED. (Yin, K)
October 16, 2013 Opinion or Order Filing 174 AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/16/2013 ORDERING the custodian to produce Levon D. Graham #P74846, to testify in USDC at 8:30 AM on 10/28/2013 in courtroom #24, befo re Magistrate Judge Carolyn K. Delaney; 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, SVSP Warden and fax the SVSP Litigation Coordinator. (cc: OTCD-SAC) (1 copy served via fax on SVSP Lit Coordinator, 3 Certified copies served on SVSP Warden by mail)(Yin, K)
August 28, 2013 Opinion or Order Filing 147 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 08/28/13 ordering the Custodian to produce Levon D. Graham at 10/28/13 at 9:00 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies mailed to the Warden, Salinas Valley State Prison)(Plummer, M) Modified on 8/28/2013 (Plummer, M).
July 15, 2013 Opinion or Order Filing 144 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 7/15/13 ORDERING the Custodian to produce Levon D. Graham, via telephonic conferencing at 10:00 am on 9/25/13 before Judge Carolyn K. Delaney. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shallserve a copy of this order and writ on the Custodian. (cc: IT Dept)(Dillon, M)
June 28, 2013 Opinion or Order Filing 143 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/27/13 ordering ( Trial Confirmation Hearing continued to 9/25/2013 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) The parites shall file their respective motio ns concerning plaintiff's trial attire and defendants' disputed reports no later than 08/21/13. Oppositions to the motions shall be filed by 09/04/13, and any reply shall be filed by 09/11/13. The hearing on the motions shall take place during the trial confirmation hearing on 09/25/13. (Plummer, M)
April 23, 2013 Opinion or Order Filing 140 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/23/2013 ORDERING, in light of the 139 stipulation, the parties shall file their respective motions concerning plaintiff's trial attire and defendants' disputed reports no later tha n 8/14/2013; opposition to the motions due 8/28/2013, and any reply due 9/4/2013; the hearing on the motions shall take place during the 9/18/2013 trial confirmation hearing; in all other respects, the 133 Pretrial Order and 136 Amended Pretrial Order shall remain in full force and effect.(Yin, K)
December 11, 2012 Opinion or Order Filing 126 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 12/10/12 ORDERING the custodian to produce Levon Graham at 02/25/13 at 9:00 a.m. in courtroom 9 before Magistrate judge Gregory G. Hollows. Cust odian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies of this writ sent to the Warden, Salinas Valley State Prison) (Plummer, M) Modified on 12/11/2012 (Plummer, M).
August 28, 2012 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/27/12 ORDERING that the final pretrial conference currently scheduled for January 10, 2013, is hereby rescheduled for January 17, 2013. The deadline for all parties to file separate and joint p retrial statements is January 10, 2013. The deadline for the parties to exchange expert reports is October 26, 2012. The deadline for the parties to exchange any rebuttal expert reports is November 30, 2012. The deadline for completion of all expert discovery is December 28, 2012. The jury trial remains set for February 25, 2013, at 9:00 a.m.(Dillon, M)
July 24, 2012 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Gregory G. Hollows on 07/23/12 granting in part and denying in part 97 Motion for Summary Judgment. Granted as to defendant Kopec and denied as to defendant Martin. The matter will proceed to trial as to defendant Martin on plaintiff's claim of an Eighth Amendment violation by defendant Martin's undisputed discharge of the 40B stinger round. The dates for the final pretrial conference and trial in this matter to be held before the undersigned are hereby set as follows: the final pretrial conference will be held on 01/10/13 at 10:00 a.m. and the trial is set for 02/25/13 at 9:00 a.m. (Plummer, M)
May 21, 2012 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/21/12 ordering defendants' 1) Final Statement of Undisputed Facts; 2) Reply in support of defendants' motion for summary judgment; and (2) Declaration of Counsel and attached additi onal evidence will be TEMPORARILY SEALED. On or before 06/21/12, Defendants will submit proposed redactions from CDCR, for both the documents temporarily filed under seal in plaintiff's opposition and defendant's reply, to the court with a statement of specific reasons justifying any requests for redaction. (Plummer, M)
May 2, 2012 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/2/2012 ORDERING that the publicly filed version of plaintiff's opposition to defendants' motion for summary judgment shall be TEMPORARILY SEALED and made available to the CDCR for review. (See Order for Details)(Yin, K)
April 26, 2012 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/25/12 ORDERING that 96 Motion to Seal the entire pending dispositive motion is denied; however, construed more narrowly as a request to seal only those portions for which defendants have time ly submitted, on April 23, 2012, a proposed redacted version (pursuant to this courts order), the motion, as modified, is granted; Defendants are directed to file in the case docket open to public viewing the April 23, 2012, proposed redacted version of their motion for summary judgment and supporting exhibits, submitted to the court for in camera review; and the unredacted version of defendants March 29, 2012, motion for summary judgment and supporting exhibits, submitted for in camera review, shall be filed and maintained under seal until further order of the court. (Dillon, M)
April 9, 2012 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/9/12 ORDERING that while defendants have submitted the unredacted documents for the courts review, the court will now require defendants, within 14 days, to submit for in camera review by this court a proposed redacted version of the documents. The court contemplates filing the unredacted motion/opposition under seal with a public filing of the redacted motion/opposition.(Dillon, M)
February 24, 2012 Opinion or Order Filing 94 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 02/23/12 ordering the deadline for defendants to file or re-notice any dispositve motion shall be extended until 03/29/12. Plaintiff's opposition shall be due on or before 05/01/12, and defendants' reply shall be due on or before 05/17/12. The hearing on defendants' dispositive motion shall be held on 05/24/12 at 10:00 a.m. The court will not consider any further requests for extension of time. (Plummer, M)
December 22, 2011 Opinion or Order Filing 92 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/2011 and agreed between the parties to EXTEND the deadline for defendants to file and/or re-notice any dispositive motion until 2/24/2012; plaintiff's opposition due on or before 3/22/2012; and defendants' reply due on or before 3/29/2012. (Yin, K)
November 21, 2011 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that the deadline for Defendants' dispositive motion is continued to December 22, 2011. Plaintiff's opposition shall be due on or before February 2, 2012. Defendants' reply shall be due on or before February 9, 2012. (Dillon, M)
October 18, 2011 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/11 granting 86 Motion for receipt of telephone calls. Salinas Valley State Prison shall provide plaintiff Levon Graham confidential telephone acces on the following dates and time for purposes of receiving telephone calls from counsel that shall not exceed 90 minutes duration. (See order for further details) (Plummer, M)
September 21, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/20/11 ORDEERING that the court will provide defendants counsel an opportunity to provide a response to plaintiffs counsels request within seven days. There will be no extension of time. (Dillon, M)
September 13, 2011 Opinion or Order Filing 83 STIPULATION and ORDER to modify scheduling order signed by Magistrate Judge Gregory G. Hollows on 09/12/11 ordering ( Discovery due by 11/9/2011 and Dispositive Motions filed by 11/23/2011). (Plummer, M)
May 10, 2011 Opinion or Order Filing 76 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 05/09/11 regarding confidential material and filing of documents under seal. (see order for further details) (Plummer, M)
April 4, 2011 Opinion or Order Filing 74 PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 4/4/2011. (Yin, K)
January 25, 2011 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/24/11 ORDERING that Defendants 54 motion for clarification, reconsideration and relief from 52 order is granted to the extent that it is modified herein; Defendants have 28 days to submit t o this courts chambers for in camera review those responsive documents as modified above to RFP nos. 15, 16 and 35; within the same period defendants must file a proposed protective order for any material that might be disclosed following the courts in camera review of documents submitted; Defendants 59 motion to strike the proposed second amended complaint 56 , is GRANTED; and Plaintiffs 62 request for the appointment of counsel is DENIED.(Dillon, M)
October 21, 2010 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/20/10 ORDERING that plaintiff is granted 14 days from the date of this order to file any response to defendants 54 motion for clarification, reconsideration and relief from the courts 52 o rder; There will be no further extension of time for any response; The deadlines for defendants to file a proposed protective order and for filing supplemental responses/production, set forth in the 52 order arehereby vacated pending resolution of the 54 motion. Notwithstanding this order, the scheduling deadlines set forth in the 40 order remain in effect. (Dillon, M)
October 5, 2010 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/5/10 ORDERING that, upon reconsideration, the court's 47 Order is affirmed.(Dillon, M)
September 30, 2010 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/29/2010 ORDERING that pltf's first 36 motion to compel is GRANTED in part and DENIED in part; as to those granted requests for production, dfts have 21 days to submit a proposed protecti ve order for any supplemental responses and additional production, after which dfts have an additional 21 days to serve their supplemental responses/production and to file proof of service; pltf's second 51 motion to compel is STRICKEN from the dkt as duplicative. (Yin, K)
June 10, 2010 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Gregory G. Hollows on 06/10/10 ordering that plaintiff's 06/03/10 44 filing, construed as a deficient motion to withdraw his consent to the jurisdiction of the United States Magistrate Judge is denied. (Plummer, M)
May 26, 2010 Opinion or Order Filing 42 ORDER signed by Senior Judge Lawrence K. Karlton on 5/26/10 ORDERING that any hearing dates currently set before Judge Lawrence K. Karlton are VACATED. Clerk of the Court reassign this case to the Honorable Gregory G. Hollows. All future documents filed in the above-captioned case shall reference the following case number: No. Civ. S-07-2291 GGH. (Dillon, M)
May 13, 2010 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/12/10 GRANTING 35 Motion for leave to file Motion to Compel; Defendants must file a response to 36 Motion to Compel within 28 days. Discovery due by 9/16/2010. Dispositive Motions filed by 3/3/2011. (Williams, D)
May 4, 2010 Opinion or Order Filing 37 ORDER signed by Senior Judge Lawrence K. Karlton on 05/03/10 ORDERING that plf's interrogatories and requests for production shall be propounded to defendants w/i 90 days; dfts shall respond to plf's requests w/i 45 of their receipt of requests; and the Magistrate Judge shall amend the scheduling order in this case as necessary to reflect these discovery modifications. (Benson, A.)
March 4, 2010 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/4/2010 ORDERING that pltf's 28 request for a modification of the discovery deadline and for a change in the number of days permitted for a response to written discovery requests are DENIED. (Yin, K)
November 24, 2009 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/23/09 denying as premature 25 Motion for immediate return of plaintiff's legal property and for this case to be suspended until he receives his property. Should plaintiff continued to be denied all access to his legal property beyond 45 days from filed date of this order, plaintiff may renew his request for access to the material in a properly filed motion with, at a minimum, an affidavit setting forth precisely how long he has been denied acess to his legal property, by whom and for what reason. (Plummer, M)
October 9, 2009 Opinion or Order Filing 24 DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/09: Discovery is DUE by 3/5/2010. All pretrial motions, except motions to compel discovery, are DUE before 6/30/10. Pretrial conf and trial dates will be set, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion. (Kastilahn, A)
September 14, 2009 Opinion or Order Filing 22 ORDER signed by Senior Judge Lawrence K. Karlton on 9/14/2009 ORDERING 21 the F & R's are ADOPTED in full; Defendants 13 Motion to Dismiss the complaint as barred by the statute of limitations is DENIED; and dfts are directed to file an answer within 30 days of the filed date of this order. Should this matter proceed to trial, the limitations defense/equitable tolling may be tried at that time, should it be raised appropriately in pretrial statements. (Reader, L)
August 4, 2009 Opinion or Order Filing 21 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/03/09 recommending that defendants' motion to dismiss complaint as barred by the statute of limitatitons, filed on 10/07/08 13 be denied and defendants be directe d to file an answer within 30 days of adoption of these findings and recommendations, should that occur. Should this matter proceed to trial otherwise, the undersigned recommends that the limitations defense/equitable tolling be tried at that time as well. Motion to Dismiss 13 referred to Judge Lawrence K. Karlton. Objections due within 20 days. (Plummer, M)
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Search for this case: Graham v. Runnels, et al
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Plaintiff: Levon D. Graham
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Defendant: D. L. Runnels
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Defendant: A - Martin
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Defendant: A. Campa
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Defendant: T. Kopec
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Defendant: Roche
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Defendant: M. Wright
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Defendant: C. Terhune
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Defendant: L. - Alexander
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Defendant: R. Domondon
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