Hightower v. High Desert State Prison et al
| Curtis Hightower |
| High Desert State Prison, W. Patton, K. Gullion, M. Ackernecht, M. - Jones, T. Kissinger, B. Nichols, Tom Felker, M. Wright, M. D. McDonald and D. Renner |
| 2:2008cv00228 |
| January 30, 2008 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Fresno |
| Edmund F. Brennan |
| Samuel P. King |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
198
ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause no later than May 22, 2015, why this action should not be dismissed for plaintiff's failure to prosecute it. Failure to respond to this order on or before that date will result in dismissal of this action. Signed by Chief Judge Morrison C. England, Jr. on 5/13/2015. (Deutsch, S)
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Filing
183
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/16/15 ordering the custodian to produce Curtis Hightower on 5/26/15 at 9:00 a.m. in courtroom 7 before District Judge Morrison C. England Jr. 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)(Plummer, M)
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Filing
175
AMENDED ORDER signed by Chief Judge Morrison C. England, Jr on 1/20/15 ORDERING that Jury Trial is CONTINUED to 5/26/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The parties shall file trial briefs not later than 5/12/15. Any evidentiary or procedural motions are to be filed 5/5/15. Oppositions must be filed by 5/12/15 and any reply must be iled by 5/19/15.(Mena-Sanchez, L)
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Filing
174
AMENDED ORDER CONTINUING TRIAL.The jury trial is continued to May 26, 2015 at 9:00 a.m. in courtroom 7. Signed by Chief Judge Morrison C. England, Jr on 1/12/2015. (Deutsch, S)
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Filing
170
ORDER CONTINUING TRIAL. The 3/2/2015 jury trial is vacated and continued to 5/26/2015 at 9:00 a.m. in courtroom 7. Signed by Chief Judge Morrison C. England, Jr. on 12/31/2014. (Deutsch, S)
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Filing
162
ORDER adopting 154 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 3/3/14: Plaintiff's September 23, 2013 motion for summary judgment 146 is DENIED. (Kaminski, H)
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Filing
154
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/8/14 ORDERING that Defendants motion for leave to disclose an expert witness on the use of force 145 is granted, and defendant shall disclose such expert and any expert report within 30 days of the date of this order; Plaintiffs request for stay 148 is DENIED as moot; Plaintiffs requests to have additional information included in his pretrial statement 149 , 152 are GRANTED; and Defendants requ est for leave to file an amended pretrial statement responding to plaintiffs additional information is granted. It is further RECOMMENDED that plaintiffs September 23, 2013 motion for summary judgment 146 be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
144
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/2013 DENYING 131 , 132 & 135 Motions for Extension of Time as unnecessary and GRANTING 143 Motion to Stay Entry of the Pretrial Order. The court will DEFER issuance of the pretrial order until 9/23/2013. It is FURTHER ORDERED that 125 Motion to summon witnesses and 128 Motion for issuance of a writ of habeas corpus ad testificandum are DENIED without prejudice to their renewal on or after 9/23/2013. (Donati, J)
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Filing
137
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 05/20/13 ordering the Custodian to produce Curtis Hightower on 06/11/13 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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: ADR Director, KJN and OTCD)(Plummer, M)
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Filing
121
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/2012 ORDERING that wtihin 30 days, plaintiff shall file and serve a pretrial statement and any motions to obtain trial witnesses; defendant shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement; pretrial conference will be conducted on the file only; and the date for jury trial before the assigned district judge will be set in the pretrial order.(Yin, K)
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Filing
120
ORDER denying 119 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 10/22/12. (Plummer, M)
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Filing
118
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/2012 ORDERING the parties shall submit, no later than 30 days, confidential statements regarding case selection for prisoner settlement program (as described in this order). (cc: ADR) (Yin, K)
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Filing
116
ORDER adopting 114 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 9/26/12: Defendant's February 16, 2012, motion for summary judgment is DENIED 97 . (Kaminski, H)
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Filing
114
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/4/2012 recommending that 97 Motion for Summary Judgment filed by W. Patton be denied. Matter referred to Judge Morrison C. England. Jr.; Any party may filed Objections to F&R within 14 days after being served.(Waggoner, D)
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Filing
106
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/19/12 ORDERING that the pltf shall file either an opposition or statement of non-opposition to the 97 Motion for Summary Judgment within 21 days. (Manzer, C)
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Filing
105
ORDER signed by Magistrate Judge Edmund F. Brennan on 03/16/12 ordering that plaitntiff's 01/30/12 motions to modify the scheduling order 93 and to compel defendant's discovery responses 94 are denied. (Plummer, M)
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Filing
80
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/07/11 ordering that if plaintiff wishes to amend his complaint to add a new claim, he must file a motion to amend his complaint together with a proposed amended complaint containing all of his claims. Plaintiff is advised that he should propound discovery requests such as requests for production of documents, interrogatories, and request for admission directly on the defendant and should not file discovery requests with the court. If plaintiff wishes to have more time to conduct discovery, and has good cause for not complying with the existing scheduling order, he may file a motion to modify the scheduling order. (see order for further details)(Plummer, M)
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Filing
71
ORDER denying 67 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 8/31/11. (Matson, R)
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Filing
69
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/22/11 ordering the court's 08/09/11 discovery and scheduling order is corrected as follows: all requests for discovery pursuant to FRCP 31, 33, 34 or 36 shall be served not later than 09/29/11. All other dates in the 08/09/11 order shall remain in effect. (Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/20/2011 ORDERING that dft's 54 motion to set aside default is GRANTED; the clerk to SET ASIDE the 53 default of dft Patton; dft's counsel to perform a good faith inquiry into the whereabouts of Sgt. W. Patton and provide that information to the court or the the USM by 5/27/2011. (Yin, K)
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Filing
57
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/4/2011 ORDERING the custodian to produce Curtis Hightower #77-38522 to appear via videoconferencing at 10:00 AM on May 18, 2011 in Courtroom #24 before Magistrate Judge Edmund F. Brennan. 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. (cc: IT Dept) (Yin, K)
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Filing
52
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/15/11 ordering the clerk shall enter defendant's default. The clerk shall serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General) (Plummer, M)
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Filing
49
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/8/2011 ORDERING that w/in 21 days, dft shall SHOW CAUSE why default should not be entered against him; and the clerk is to serve a copy of this order on Monica Anderson. (cc: Monica Anderson)(Yin, K)
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Filing
37
ORDER signed by District Judge Samuel P. King on 4/1/10 ORDERING pltf's Motion seeking legal advice 35 DENIED. (Carlos, K)
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Filing
36
ORDER DIRECTING USM to serve * amended complaint * filed on * 12/14/09,* on * W. Patton*, Service Deadline set for 8/2/2010 signed by District Judge Samuel P. King on 3/31/10; clerk to serve a copy of the Local Rules upon pltf. (service docs to USM) (Carlos, K) Modified on 3/31/2010 (Carlos, K).
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Filing
33
ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS signed by District Judge Samuel P. King on 2/24/10. Plaintiff's 29 Amended Complaint is DISMISSED in part; 31 Motion to proceed IFP is DENYED as moot. Service is appropriate for W. Patton . Clerk to send plaintiff: 1 Summons, 1 USM-285 Form, and 1 copy of the Amended Complaint filed on 12/14/09. Defendants K. Gullion; High Desert State Prison; M. - Jones; T. Kissinger; M. D. McDonald; B. Nichols; D. Renner; M. Wright; M. Ackernecht and Tom Felker terminated. Submission of documents due within 30 days. (Owen, K)
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Filing
16
ORDER signed by District Judge Samuel P. King on 7/2/09 ORDERING that Pltf's 2 Motion to Proceed IFP is DENIED without prejudice. Pltf has 30 days to file a new IFP. The complaint is DISMISSED against all Dfts except Patton. Pltf is granted 30 days to file an amended complaint. The request for appointment of counsel is DENIED. (Engbretson, K.)
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Filing
11
ORDER signed by District Judge Samuel P. King on 2/9/09 ORDERING that this action is DISMISSED without prejudice for failure to exhaust available administrative remedies. (Kastilahn, A)
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