Davis v. Walker et al
| Kennard Lee Davis |
| James Walker, N. Grannis, S Flory, Reyes, Tennision, Rios, I. O'brain, R. Carter, Da Rosa, R. Pennington, - Goodrich, A. Nangalama, Edmonson, D. Baughman, S. Davey, B Donahoo, T. Snyder, L Johnson, K. J. Allen, Troy Brimhall, Jasdeep Bal, V. Duc, V O'shaughnessy and P Van Cor |
| 2:2008cv00593 |
| March 17, 2008 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Frank C. Damrell |
| Gregory G. Hollows |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
369
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/24/2024 RECOMMENDING plaintiff's 345 , 364 motions for preliminary injunctive relief be denied, plaintiff's 354 , 358 motions to certify a class action be d enied, plaintiff's 355 , 359 motions for the appointment of counsel to represent a class be denied, and plaintiff's 362 motion to examine a correctional counselor be denied. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Yin, K)
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Filing
366
ORDER signed by Magistrate Judge Deborah Barnes on 4/3/2024 DENYING plaintiff's 343 , 347 motions for a competency determination based on the evidence already before the court, DISMISSING without prejudice plaintiff's 353 , 356 motions to introduce testimony regarding her competency, and DENYING plaintiff's 348 motion for a private investigator. (Yin, K)
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Filing
352
ORDER signed by Magistrate Judge Deborah Barnes on 3/14/2024 APPOINTING Dr. Amanda Gregory as a neutral expert to assist the court under Federal Rule of Evidence 706. The Clerk shall send a copy of this order along with the electronic copies of the documents listed herein to Dr. Gregory. Dr. Gregory shall review the documents forwarded by the Clerk, perform an examination of plaintiff at a time to be determined, and within 45 days thereafter submit a written report to the court by email to dborders@caed.uscourts.gov. Dr. Gregory's professional opinion is requested as to plaintiff's current mental health, mental health prognosis, and current competency to represent herself in these proceedings. Dr. Gregory shall submit periodic bills by email to dborders@caed.uscourts.gov. (See Order for Details) (Yin, K)
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Filing
351
ORDER signed by Magistrate Judge Deborah Barnes on 3/12/2024 GRANTING defendants' 349 motion for an extension of time. On or before 3/21/2024, defendants shall file their response to plaintiff's motion for a preliminary injunction. (Yin, K)
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Filing
346
ORDER signed by Magistrate Judge Deborah Barnes on 02/21/2024 DIRECTING Defendants to contact the litigation coordinator at SVSP regarding Plaintiff's housing, safety, and medical care. No later than 14 days after the filed date of this order, Defendants shall file a response to Plaintiff's motion that explains: (a) the status of plaintiff's housing, including whether the housing satisfies placement requirements applicable to Plaintiff; (b) whether the prison is aware of risks to Plaintiff's safety; and (c) the status of the medical care, including mental health care, Plaintiff is receiving. (Spichka, K.)
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Filing
342
ORDER signed by Magistrate Judge Deborah Barnes on 12/06/23 ORDERING that, within 30 days, the custodian of records for the facility where plaintiff is currently incarcerated shall lodge with the court, under seal, plaintiff's complete medical record maintained by the CDCR, including records of psychiatric treatment. Defendants' counsel shall serve a copy of this order on the custodian of records and shall facilitate delivery of the records to the court. (Benson, A.)
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Filing
340
ORDER signed by Magistrate Judge Deborah Barnes on 11/3/2023 DENYING without prejudice 298 Motion to Cross-Examine Dr. Mannis, 299 Motion to Unseal Dr. Mannis's Report, 302 Motion to Cross-Examine Dr. Neumann, 330 , 331 Motions to Cros s-Examine Drs. Peterson and Flinn, and 325 , 326 Motions for a Status Conference and a Settlement Conference. The portion of 320 Order granting plaintiff's motions for appointment of an expert is VACATED. In all other respects, 320 Order, including this court's determination that appointment of a mental health expert is appropriate at this time, is unchanged. 294 , 303 , and 304 Motions for the Appointment of an Expert are WITHDRAWN. (Huang, H)
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Filing
322
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2023 ADOPTING 318 The Findings and Recommendations in full; Plaintiff's Motion to have Dr. Mannis removed from the service list in case 300 is GRANTED. The Clerk of the Court is directed to remove Dr. Mannis from the service list for both of these cases. Plaintiff's Motion for preliminary injunctive relief and/or a protective order 306 is DENIED. (Mena-Sanchez, L)
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Filing
320
ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2023 GRANTING 294 , 303 , & 304 Motion to Appoint Expert. Parties shall attempt to find current contact information for Dr. Kasushal Sharma within the next 21 days. Parties shall file statements providing the contact information for Dr. Sharma or if unable to that information explaining what steps took to find him by 10/23/2023. (Clemente Licea, O)
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Filing
318
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 8/31/2023 DENYING plaintiff's 313 motion to cross-examine C. Ramos. IT IS RECOMMENDED that plaintiff's 310 objections to this court's 7/11/2023 order be granted with respect to plaintiff's request that Dr. Mannis be removed from the service list for this case. In all other respects, plaintiff's objections should be denied. Plaintiff's 300 motion to have Dr. Mannis remove d from the service list be granted. The Clerk be directed to remove Dr. Mannis from the service list for both of these cases. Plaintiff's 306 motion for preliminary injunctive relief and/or a protective order be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)
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Filing
316
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/10/23 DENYING 308 Motion for Reconsideration. (Benson, A.)
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Filing
311
ORDER signed by Magistrate Judge Deborah Barnes on 7/26/2023 GRANTING Defendants' 7/20/2023 motion. Defendants shall file their response to 271 Motion to be Restored to Competency Status by 8/10/2023. This order terminates ECF No. 386 in case no. 2:10-cv-2139 KJM DB P. Defendants mistakenly filed the motion for the 2008 case on the 2010 docket. It has been stricken from the docket in the 2010 case. To clarify the record, defendants shall file the motion in the 2008 case immediately. This order will resolve the motion in the 2008 case as well. (Huang, H)
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Filing
307
ORDER signed by Magistrate Judge Deborah Barnes on 7/10/2023 ORDERING, within 10 days of the date of this order, the Deputy Attorney General representing defendants shall contact the litigation coordinator at the prison where plaintiff is incarcera ted to obtain information about the contentions made in plaintiff's 306 motion filed on 7/5/2023. Within 12 days of the date of this order, the Deputy Attorney General shall file a response to plaintiff's 306 motion. That response shall include a declaration from the litigation coordinator or other prison official familiar with plaintiff's situation regarding the contentions plaintiff makes in the 306 motion. (Yin, K)
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Filing
305
ORDER signed by Magistrate Judge Deborah Barnes on 6/29/2023 ORDERING, within 20 days, defendants shall file a response to plaintiff's 271 motion to be restored to competency status. Within 20 days after service of defendants' response, plaintiff may file a reply. (Yin, K)
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Filing
289
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/2023 DENYING 287 Objections, construed as Motion to Reconsider, filed by Kennard Lee Davis. (Perdue, C.)
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Filing
288
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/20/23 ADOPTING 281 Findings and Recommendations in full and DENYING 263 280 Motions to Reinstate Prior Motions. (Benson, A.)
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Filing
286
ORDER signed by Magistrate Judge Deborah Barnes on 2/28/2023 ORDERING as follows: Defendants' counsel's request for an extension of time to submit the mental health report described in this court's January 6 order is GRANTED. Defen dants' counsel shall file that report within thirty days of the filed date of this order. Plaintiff's Motions to regain competency filed in Case No. 2:08-cv-0593 KJM DB P 248 , 249 , 258 , 263 , and 264 are DISMISSED as redundant. The competency issue in the 2008 case will proceed on Plaintiff's Motion filed 9/8/2022 271]. (Mena-Sanchez, L)
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Filing
283
ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 2/14/2023 ORDERING defendants to show cause within 10 days why they should not be sanctioned for their failure to submit the report ordered on 1/6/2023.(Yin, K)
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Filing
281
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 01/05/2023 DIRECTING Plaintiff's mental health clinicians to file a report on the current status of his mental health, DENYING 263 , 265 , 266 & 267 Motio ns for a Scheduling or Status Conference and the 268 Motion for a Settlement Conference. It is hereby RECOMMENDED that the 263 & 280 Motions to Reinstate Prior Motions be denied. Referred to Judge Kimberly J. Mueller. Objections due within 30 days after being served with these findings and recommendations. (Spichka, K.) Modified on 1/6/2023 (Spichka, K.).
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Filing
277
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/8/22 DENYING 276 plaintiff's Motion for Reconsideration. (Kastilahn, A)
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Filing
244
ORDER signed by District Judge Kimberly J. Mueller on 7/30/19 ORDERING that case number case numberS 2:08-cv-00593-KJM-DB and 2:10-cv-2139-KJM-DB are hereby ADMINISTRATIVELY CLOSED pending Mr. Davis's return to competency. All pending motions are DENIED. CASE CLOSED (Kastilahn, A)
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Filing
229
ORDER signed by District Judge Kimberly J. Mueller on 4/17/19 ORDERING that the Warden, litigation coordinator, and other correctional staff as needed at CHCF shall facilitate a telephone call between Kennard Davis, his guardian ad litem, and appoi nted counsel. The telephone call shall occur on 4/22/2019, to begin at 10:30 a.m. and shall continue, without interruption, for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall provide a number for appointed counsel to initiate the phone call. Correctional staff shall provide the number to Sujean Park, ADR & Pro Bono Program Director, at (916) 930-4278 or spark@caed.uscourts.gov no later than 9:30 a.m. on 4/22/2019. The Clerk is ordered to serve this order by facsimile (209) 467-2676 and email on the Warden and litigation coordinator at CHCF. (Kastilahn, A)
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Filing
218
ORDER signed by District Judge Kimberly J. Mueller on 1/29/2019 APPOINTING Tiffany Starcevich, daughter-in-law of plaintiff, to serve as guardian ad litem on plaintiff's behalf. Donald Aquinas Lancaster, Jr. is APPOINTED as limited purpose c ounsel on behalf of plaintiff's new guardian ad litem in the above-entitled matters. Such appointment is for the limited purpose of advising the new guardian ad litem regarding the posture of this case and possible steps going forward, in cluding but not limited to participation in a telephonic status conference to be held on 2/28/2019, at 02:30 PM, before District Judge Kimberly J. Mueller. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at spark@caed.uscourts.gov if he has any questions related to the appointment. (cc: VDRP Administrator, S. Park) (York, M)
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Filing
212
ORDER signed by District Judge Kimberly J. Mueller on 12/17/2018 DISREGARDING 210 Motion for TRO. The clerk is DIRECTED to serve this order and a copy of 210 Motion for TRO on counsel for plaintiff's guardian ad litem, Donald Lancaster. (Huang, H)
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Filing
187
ORDER signed by District Judge Kimberly J. Mueller on 10/02/18 APPOINTING Attorney Donald Aquinas Lancaster, Jr. as limited purpose counsel for guardian ad litem Jennifer Brown. Telephonic Status Conference set for 12/13/2018 at 02:30 PM before District Judge Kimberly J. Mueller (cc: Park). (Benson, A.)
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Filing
186
ORDER signed by District Judge Kimberly J. Mueller on 9/25/18 DENYING Motions to Appoint Counsel 164 , 165 , 169 , 176 , 180 ; Motions 173 , 182 and Motion for Summary Judgment 183 without prejudice. No orders will issue in response to further pro se filings by Plaintiff. (Mena-Sanchez, L)
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Filing
184
ORDER signed by District Judge Kimberly J. Mueller on 9/20/2018 ORDERING that Jennifer Brown is APPOINTED to serve as guardian ad litem on plaintiff's behalf. The Court's Pro Bono Coordinator is requested to identify counsel for the limited purpose of advising Ms. Brown as contemplated by this order, as promptly as possible. The Clerk of the Court is directed to serve a copy of this order on: Jennifer Brown 2494 East Del Rio Court, Gilbert, AZ 85295. (cc: S. Park) (Washington, S)
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Filing
177
ORDER signed by District Judge Kimberly J. Mueller on 04/18/18 ORDERING that two pages of prison records containing the names and addresses of Plaintiff's next of kin documents are be filed UNDER SEAL with access limited to the Clerk and the Court. (Benson, A.)
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Filing
170
ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ORDERING that the counsel for defendants file, under seal, a document listing the names and addresses of any and all next of kin or next friend contacts contained in plaintiff's prison records. (Fabillaran, J)
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Filing
162
ORDER signed by District Judge Kimberly J. Mueller on 12/13/2017 DENYING 140 Motion to replace guardian ad litem without prejudice; DENYING 159 , 160 Motion to Appoint Counsel; OVERRULING 155 , 157 Objections to appointing a neutral expert. Plaintiff is informed that further court action must await the filing of the written report of the neutral expert and that no orders will in response to future pro se filings until further order of court. (Washington, S)
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Filing
154
ORDER APPOINTING EXPERT signed by District Judge Kimberly J. Mueller on 9/11/2017 ORDERING 140 The court APPOINTS Steven Hugh Mannis, M.D. as a neutral expert to assist thecourt under Federal Rule of Evidence 706; The court apportions the cost of t he expert to defendants to be split equally among them; The Clerk of the Court shall send copies of documents to Dr. Mannis; Defendants shall take all steps necessary to provide Dr. Mannis with a copy of plaintiff's medical file since January 20 07 within 14 days from the date of this order; Dr. Mannis shall review the documents forwarded by the Clerk and plaintiff's medical records, perform an examination of plaintiff at a time to be determined, and within 45 days thereafter submit a written report to the court. Dr. Mannis shall send the report once completed to the undersigned at the USDC, EDCA, Chambers of Hon. Kimberly J. Mueller. (Reader, L) Modified on 9/12/2017 (Reader, L).
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Filing
141
ORDER signed by District Judge Kimberly J. Mueller on 6/19/17 ORDERING that Plaintiff's motions for appointment of counsel filed in Case No. 2:08-cv-0593 KJM DB, ECF Nos. 111 , 112 , 116 , 134 , and 137 , are DENIED. Plaintiff's m otions for appointment of counsel filed in Case No. 2:10-cv-2139 KJM DB, ECF Nos. 168, 169, 178 and 195, are DENIED. The reference of the above- captioned cases to the assigned magistrate judge is WITHDRAWN until further order of court. Plaintiff 's motions regarding the authority of the magistrate judge filed in 2:08-cv-0593, ECF Nos. 106 , 117 and 124 , are DENIED. Plaintiff's motions regarding the authority of the assigned magistrate judge filed in 2:10-2139, ECF Nos. 1 62, 173 and 182, are DENIED. Plaintiff's motions for reconsideration filed in 2:08-cv-0593, ECF Nos. 105 and 119 , are DENIED. Plaintiff's motions for reconsideration filed in 2:10-cv-2139, ECF Nos. 161, 163 and 175, are DENIED. Pla intiff's motion for medical evaluation filed in Case No. 2:08-cv-0593 KJM DB, ECF No. 133 , is DENIED. Plaintiff's motion for medical evaluation filed in 2:10-cv-2139, ECF No. 192, is DENIED. Plaintiff's guardian ad litem, Ronnie Tolliver, is directed to complete and return the attached notice to the court by mail within 21 days from the date of this order. (Kastilahn, A)
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Filing
139
ORDER signed by District Judge Kimberly J. Mueller on 6/13/2017 GRANTING the defendants' 136 Request for Extension of Time; ORDERING the defendants to respond to the Court's 132 Order by 7/1/2017. (Michel, G.)
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Filing
132
ORDER signed by District Judge Kimberly J. Mueller on 5/18/2017 ORDERING the plaintiff's mental health clinicians to file within fourteen (14) days, a report on the current status of the plaintiff's mental health; REFERRING this matter to S ujean Park, Pro Bono Coordinator for the Eastern District of California, to confirm arrangements with a medical expert who shall be appointed to conduct an independent medical examination of the plaintiff and to report the findings of said examination to the Court; ORDERING the defendants to notify the Court at least thirty (30) days in advance of any planned or emergency change in the plaintiff's housing. (cc: VDRP) (Michel, G.)
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Filing
126
ANSWER signed by District Judge Kimberly J. Mueller on 10/31/2016 in RESPONSE to 122 USCA Order. (cc USCA) (Donati, J)
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Filing
104
ORDER signed by Magistrate Judge Deborah Barnes on 09/01/16 striking Motions to Appoint Counsel 102 , 103 . (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge Deborah Barnes on 8/29/16 ORDERING that plaintiff's motions (case no. 08-cv-593, ECF No. 97 ; case no. 10-cv-2139, ECF No. 153) are STRICKEN. Plaintiff is again cautioned that further violations of this court's orders will result in a recommendation that these actions be dismissed. (Dillon, M)
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Filing
93
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ORDERING that plaintiff's motions (case no. 08cv593, ECF Nos. 90 , 91 ; case no. 10cv2139, ECF Nos. 146, 147) are STRICKEN. Plaintiff is cautioned that further violations of this courts orders will result in a recommendation that these actions be dismissed.(Dillon, M)
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Filing
88
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2016 ORDERING that guardian ad litem Tolliver is advised that he must comply with court orders and that failure to do so may result in a recommendation that this action be dismissed. Under Fe d.R.Civ.P. 706, the court intends to appoint an expert witness to assist the court in evaluating whether plaintiff has been restored to competency: (a) No later than 7/22/2016, the parties shall SHOW CAUSE why such an expert should not be appointed; (b) No later than 7/29/2016, the parties may submit nominations for such expert; (c) No later than 8/5/2016, the custodian of records for the facility where plaintiff is currently incarcerated shall submit to the court, UNDER SEAL, plaintiff's complete medical record maintained by the CDCR, including records of psychiatric treatment. Defense counsel Ullrich shall serve a copy of this order on the custodian of records and shall facilitate delivery of the records to the court. Plainti ff may not file documents on his own behalf. Plaintiff, through his guardian ad litem, may only file the following documents: (a) Response to the order to show cause set forth above and nomination of court appointed expert; (b) One opposi tion to any motion filed by defendants (and clearly titled as such); (c) Only one motion pending at any time. Plaintiff, through his guardian ad litem, is limited to one memorandum of points and authorities in support of the motion and one reply to any opposition; and (d) One set of objections to any findings and recommendations. The motions currently pending (ECF Nos. 74 76 77 84 85 ) were improperly filed by the incompetent plaintiff and are accordingly STRICKEN. (Yin, K)
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Filing
82
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/16 ORDERING that defense counsel Ullrich shall be prepared to discuss the logistics of obtaining a mental health evaluation from plaintiff's current treating psychiatrist addressin g plaintiffs competency; and Guardian ad litem Ronnie Tolliver is directed to personally appear at the hearing. In the alternative, if appearing at the hearing would present a personal hardship, GAL Tolliver may appear by telephone. Arrangements to appear by telephone must be made by contacting the courtroom deputy, Kyle Owen, at (916) 930-4004. (Dillon, M)
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Filing
65
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/02/16 ordering plaintiff's pro se motions 54 , 62 and 63 are denied without prejudice to renewal. (Plummer, M)
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Filing
51
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/14/16 ordering Brian M. Pomerantz is appointed as counsel for plaintiff in the above entitled matters. Mr. Pomerantz shall submit his pro hac vice application to practice in this court forthw ith. Plaintiff's emergency motion for injunctive relief in case 2:08-cv-0593 KJM CKD (TEMP) 46 is denied without prejudice to refilling, as appropriate by counsel. All pending motions in case no. 2:10-cv-2139 KJM CKD (TEMP) 94 , 97 , 99 a nd 100 are denied without prejudice to refilling as appropriate by counsel. The pretrial scheduling order dates in case 2:10-cv-2139 KJM CKD (TEMP) 87 are vacated. Within 30 days of the date of this order, counsel for all parties are directed to meet and confer on agreeable dates for a status conference in these matter and contact Courtroom Deputy Kyle Owen by telephone (916) 930-4004 or via email kowen@caed.uscourts.gov for the court's availability. A status conference shall take place in these matters within 120 days. The clerk of the court is directed to serve a copy of this order upon Brian M. Pomerantz, 6351 Owensmouth Avenue, Suite 203, Woodland Hills, CA 91367.. (Plummer, M)
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Filing
50
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/8/2016 ORDERING the Warden, Litigation Coordinator, and other correctional staff as needed at SAC, shall facilitate a confidential telephone call between Kennard Lee Davis and attorney Brian M. Pomerantz, in accordance with this order. The Clerk shall serve this order by facsimile 916-294-3072 and email on the Warden and Litigation Coordinator at SAC. (Yin, K)
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Filing
45
ORDER signed by Magistrate Judge Dale A. Drozd on 07/24/15 ordering that the motion to withdraw as attorney 43 is granted. (Plummer, M)
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41
ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/14 ORDERING that Benjamin A. Williams is appointed as counsel for plaintiff in the above entitled matters. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Benjamin A. Williams, Jesse Ortiz Law, 980 9th Street, Suite 340, Sacramento, CA 95814.(Dillon, M)
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Filing
40
ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/14 ordering Ronnie Tolliver is appointed Guardian Ad Litem for Kennard Lee Davis in civil action nos. 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P. The clerk of the court is directed to se rve this order and all subsequent orders in 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P on Mr. Ronnie Tolliver electronically at rtolliver@verizon.net and by U.S. Mail at 14603 Grayland Avenue, Norwalk, CA, 90650. The clerk of the court is directed to serve a courtesy copy of this order to Brian Pomerantz at Pomerant@umich.edu. (Plummer, M)
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Filing
28
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/21/12 ORDERING plaintiff's 07/26/11 motion for appointment of guardian ad litem and/or appointment of counsel 25 in case CIV-S-08-0593 KJM DAD (PC) is denied . All pending motions in case CIV-S 10-2139 (PC) 28 , 31 , 33 , 37 , 38 , 39 , 43 , 44 , 45 , 46 , 49 , 52 , 54 , 55 , and 56 are denied without prejudice. Also, RECOMMENDING that case CIV-S 08-0593 KJM DAD (PC) be stayed unitl eith er party files a motion to lift the stay accompanied by evidence that plaintiff has been found to be restored to competency. Case CIV-S 10-2139 KJM DAD (PC) be stayed until either party files a motion to lift the stay accompanied by evidence that pla intiff has been found to be restored to competency; and the clerk of the court be directed to administratively close case CIV-S 08-0593 KJM DAD (PC) and case CIV-S 10-2139 KJM DAD (PC). Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
8
ORDER DISMISSING CASE WITH LEAVE TO AMEND signed by Chief Judge Helen W. Gillmor on 04/20/10. Amended Complaint due by 5/20/2010. Clerk is directed to send plaintiff complaint form. (Williams, D)
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