Jennings v. Moreland et al
| Matthew G. Jennings |
| A. Moreland, E. Bartel, M Valente, K. Graddock, Brown, Secluna, Vance, Goldman, A Pereira, Stewart, Carol -, Miguel -, B Brown, J. Walker and Health Care Services |
| 2:2008cv01305 |
| June 10, 2008 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Sacramento |
| Kimberly J. Mueller |
| Kimberly J. Mueller |
| 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
350
ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2017 ORDERING plaintiff's 346 notice is placed in the court file and DISREGARDED. (cc: KJN) (Yin, K)
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Filing
347
ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that within 14 days from the date of this order, plaintiff's counsel shall file a status report addressing the above issues. (Plummer, M)
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Filing
341
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Carolyn K. Delaney on 3/28/2017 COMMANDING the Warden at Mule Creek State Prison to produce Matthew G. Jennings (CDC #: K-53172) to participate in a Settlement Conference set in this case on 4/4/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman at the United States District Court located at 501 "I" Street, Sacramento, California, 95814; ORDERING the Warden to notify the Court of any change in custody of the inmate and to provide the new custodian with a copy of this writ. (Michel, G.)
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Filing
333
ORDER GRANTED by District Judge Morrison C. England, Jr on 12/1/2016. Plaintiff's request for an extension of time to file his trial brief was considered by the Court. Good cause appearing, Plaintiff's request is granted. Plaintiff is hereby granted an extension of time to file his trial brief until December 8, 2016.(Deutsch, S)
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Filing
298
ORDER signed by District Judge Morrison C. England, Jr on 6/16/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Brian K. Wanerman is GRANTED. (Crouch, J)
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Filing
297
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/26/16 ordering defendant A. Moreland hereby substitutes attorney Kevin J. Dehoff as counsel of record in place of Lucas L. Hennes. (Plummer, M)
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Filing
295
ORDER APPOINTING COUNSEL signed by Chief Judge Morrison C. England, Jr on 4/27/16: Attorney Brian Keith Wanerman for Matthew G. Jennings added. (Kaminski, H)
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Filing
294
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr on 3/3/16 ORDERING that Plaintiff's Motion to Stay (ECF No. 292 ) is GRANTED. All proceedings in this action are STAYED for 120 days. Plaintiff shall advise the Court of hi s readiness for trial within fourteen (14) days of the conclusion of the stay; Plaintiff's Motion to Appoint Counsel (ECF No. 293 ) is GRANTED; This action is referred to the Court's Alternative Dispute Resolution and Pro Bono Program Director Sujean Park to locate an attorney who is admitted to practice in this Court and is willing to accept the appointment. (cc: ADR)(Becknal, R)
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Filing
286
ORDER signed by Chief Judge Morrison C. England, Jr., on 12/4/15 ORDERING that Plaintiff's 281 "Request for a Ruling of the Objection Motion" is construed as a motion for reconsideration of the magistrate judge's 4/9/2015 order, is GRANTED; and upon reconsideration, the magistrate judge's 4/9/15 order 273 is AFFIRMED. (Kastilahn, A)
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Filing
284
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/02/15 ordering the Custodian to produce Matthew Jennings on 02/08/16 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
277
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/15/2015 DENYING without prejudice plaintiff's 275 motion for PLU status. (Yin, K)
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Filing
259
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/18/2014 GRANTING-IN-PART 258 Motion to Strike. Within 30 day of this order, plaintiff is directed to file a supplemental pretrial statement. Defendants' pretrial statement will be due 14 days after plaintiff file his supplemental pretrial statement. (Donati, J)
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Filing
249
ORDER Directing Plaintiff to be Transported Back to the California Department of Corrections Following Settlement Conference Conducted on June 6, 2014 signed by Magistrate Judge Stanley A. Boone on 06/09/2014. (Flores, E)
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Filing
247
ORDER signed by Judge Lawrence K. Karlton on 6/4/2014 ORDERING that, upon reconsideration, the magistrate judge's 4/11/2014 order denying plaintiffs motion for appointment of counsel is AFFIRMED. (Zignago, K.)
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Filing
241
ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/11/14 denying 237 Motion to Stay and denying 239 Motion to Appoint Counsel. (Plummer, M)
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Filing
236
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 3/24/14 ORDERING the Custodian to produce Matthew Jennings at 10:30 am on 6/9/14 before Magistrate Judge Stanley A. Boone in Courtroom #9, 2500 Tulare Street, Fresno, California 93721. 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.(Dillon, M)
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Filing
231
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/18/14 ORDERING that within 15 days from the date of this order, the parties shall submit confidential settlement statements as set forth above; and the Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park. (cc ADRP)(Dillon, M)
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Filing
230
ORDER signed by Judge Lawrence K. Karlton on 2/10/2014 ORDERING that the 209 Findings and Recommendations are ADOPTED IN PART. Defendants' 185 motion for summary judgment is GRANTED IN PART and DENIED IN PART. The 223 Findings and Recommen dations are ADOPTED IN PART. Defendants' 214 supplemental motion for summary judgment is GRANTED as to defendants Vance and Walker and DENIED as to defendant Moreland. This matter is REFERRED back to the assigned magistrate judge for further proceedings. (Zignago, K.)
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Filing
229
ORDER signed by Judge Lawrence K. Karlton on 2/6/2014. On 5/2/2013, plaintiff filed Objections to Magistrate Judges 4/10/2013 218 Order denying plaintiff's long-pending Discovery Requests. Pursuant to E.D. Local Rule 303(f), a Magistrate Judge Carolyn K. Delaney's Orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of entire file, this Court finds that it does not appear that Magistrate Judge Delaney's ruling was clearly erroneous or contrary to law. Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the 218 Order is AFFIRMED. (Marciel, M)
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Filing
223
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/08/13 recommending that defendants' supplemental motion for summary judgment 214 be granted. MOTION for SUMMARY JUDGMENT 214 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
218
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/13 ORDERING that plaintiffs pending discovery motions at dockets 115 , 116 , 119 and 123 are hereby DENIED. (Dillon, M)
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Filing
215
ORDER signed by Judge Lawrence K. Karlton on 03/12/13 rdering plaintiff's opposition to defendants' 03/08/13 motion for summary judgment is due by 04/15/13; any reply by defendants shall be filed and served within 14 days of service of plaintiff's opposition. (Plummer, M)
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Filing
209
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/6/13 ORDERING that the clerk is directed to correct the spelling of Bartell, Steward and Scicluna in the courts CM-ECF system. Defendants Vance, Walker and Moreland are granted 30 days from the date of this order in which to file a dispositive motion as to the three claims not addressed in the dispositive motion already filed. Defendants are cautioned that extensions of time will not be granted abs ent good cause shown and extraordinary circumstances. It is RECOMMENDED that Defendants motion for summary judgment 185 be GRANTED IN PART and DENIED IN PART, as follows: (1) granted as to the Eighth Amendment failure to protect claim against Ba rtell; (2) granted as to the Eighth Amendment medical deliberate indifference claims against Valente, Craddock, Scicluna, Vance, Goldman, Pereira, Steward, B. Brown, Walker, Flores, Bal, W. Brown and Mansary; and (3) denied as to Eighth Amendment failure to protect claim against Moreland. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
208
ORDER signed by Judge Lawrence K. Karlton on 1/25/13 ORDERING that Plaintiff's 10/26/12 OBJECTIONS, construed as a Request for Reconsideraton 196 of the Magistrate Judge's Order of 9/27/12 193 , are DENIED. The Clerk is DIRECTED to serve Plaintiff with copies of the orders 134 , 135 and 136 .(Mena-Sanchez, L)
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Filing
193
ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/26/12 ordering plaintiff's motion to stay 191 , construed herein as a motion for extension of time is granted to the extent that plaintiff is granted an additional 30 days from the date of this order in which to file and serve his opposition to the defendants' motion for summary judgment. Defendants' reply, if any, shall be filed 7 days thereafter. Plaintiff's motion for preliminary injunction 192 is denied. Plaintiff's motion to compel 181 , construed herein as an application for an order to show cause why a contempt citation should not be issued is denied. Plaintiff's motion for ruling on pending discovery 182 is denied as moot. (Plummer, M)
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Filing
187
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/12 ORDERING that Plaintiff's opposition to defendants' 7/5/2012 motion for summary is judgment is DUE by 8/10/2012. Any reply to plaintiff's opposition shall be due no later than 14 days after service of the opposition. (Kastilahn, A)
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Filing
184
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/21/12 granting 183 Motion to modify scheduling order. Defendants shall file their motion for summary judgment on or before 07/05/12. (Plummer, M)
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Filing
178
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/6/2012 ORDERING that the 172 motion to quash the subpoena is DENIED; plaintiff's 173 motion for sanctions and contempt hearing is DENIED; the 176 motion to modify the scheduling orde r is GRANTED, the parties shall file dispositive motions no later than 6/21/2012; CDCR has 30 days to produce to plaintiff copies of letters he wrote to CDCR or its Internal Affairs Division concerning the assault of 8/1/2007; CDCR has 14 days to mov e for a protective order concerning documents generated by its Internal Affairs Division in the investigation of the assault of 8/1/2007; plaintiff will have 14 days from his receipt of any such motion in which to respond; if CDCR fails to file a mot ion for protective order within 14 days, CDCR shall produce all documents reasonably responsive to the subpoena no later than 4/4/2012, Failure to do so may result in the imposition of sanctions; the 167 motion for an extension of time, nunc pro tunc, is GRANTED; the court finds that the imposition of sanctions for failing to provide plaintiff with his C-file before 9/30/2010, is unwarranted. (Yin, K)
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Filing
165
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/22/2011 ORDERING Defendants' # 137 motion to quash subpoena duces tecum is DENIED; pltf's motion to compel # 146 is MOOT; pltf's motion # 145 for sanctions is MOOT; pltf' s motion for priority law library access # 164 is GRANTED; pltf shall be allowed 6 months priority legal library use, effective 10/19/11 through 4/19/11; dfts' motions for extensions of time # 149 , 154 are MOOT: dfts' oppositions of 1/3 1/11, docket # 155 , 156 are accepted as timely filed; the court sets the schedule for this action; status reports due by 10/4/2011; dfts have seven days from the entry of this order in which to show cause why they should not be sanctioned for failure to provide pltf the opportunity to review his C-File within 15 days of the court's order of 9/15/10 # 120 .(Reader, L)
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Filing
161
ORDER signed by Senior Judge Lawrence K. Karlton on 4/15/11 ORDERING that the 157 Order of the Magistrate is REVERSED; the 152 Motion for six months priority legal library use is GRANTED; pltf shall be allowed 6 months priority access to the law library effective 4/18/11 through 10/18/11. (Manzer, C)
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Filing
144
ORDER signed by Senior Judge Howard D. McKibben on 12/14/10, ORDERING that pltf's objections 124 to the magistrate judge's denial of his motions and objections 88 , 89 , and 109 are hereby DENIED.(Kastilahn, A)
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Filing
141
ORDER signed by Senior Judge Howard D. McKibben on 11/30/10; the plaintiffs objections are GRANTED (#140), the magistrate judges orders of October 26, 2010 (#134, #135, #136) are VACATED, and the defendants shall have until December 22, 2010, within which to respond to plaintiffs motions (#115, #116, #119, #123) on the merits.(Williams, D) .
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Filing
111
ORDER signed by Senior Judge Howard D. McKibben on 08/11/10 ORDERING that plf's 110 Answer/response to the dfts' answer is STRICKEN. (Benson, A.)
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Filing
104
ORDER signed by Magistrate Judge Robert A. McQuaid on 7/7/10 ORDERING that Plaintiff Matthew Jennings be given six (6) Months priority Legal Library use. The Sinior Law Library person Ms. S. Gyles shall place Matthew Jennings on the priority Legal list beginning 7/7/10 and ending 1/7/11. (Mena-Sanchez, L)
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Filing
103
MINUTES OF THE COURT before Magistrate Judge Robert A. McQuaid, Jr. ORDERING that Motion seeking Discovery 74 is DENIED without prejudice. MOTION FOR TRANSCRIPTS 78 is DENIED. MOTION TO COMPEL 88 and MOTION FOR SANCTIONS 89 are HELD IN ABAYAN CE until such time as there is a ruling on the MOTION to withdraw to be filed. MOTION for ORDER Granting Priority Libraby Use 93 is GRANTED. Request for Judicial Notice 102 is DENIED. IT IS ORDERED that, within the next thirty (30) days, Plaintiff shall be given an opportunity to review his Central File for a period of two (2) hours. If this does not occur, the responsible priosn official will have to apper in Rene NV to provide an explanation to the Court. (Mena-Sanchez, L)
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Filing
99
ORDER signed by Senior Judge Howard D. McKibben on 6/16/2010 ORDERING that the plt's 97 motion is granted. Plaintiff shall have up to and including July 6, 2010, in which to file his amended complaint. (Duong, D)
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Filing
91
ORDER signed by Senior Judge Howard D. McKibben on 5/26/2010 ORDERING that Pltf's 72 Motion for service of Doe defendants is DENIED. (Engbretson, K.)
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Filing
85
ORDER ON MANDATE signed by Senior Judge Howard D. McKibben on 5/10/10 ORDERING that the 83 USCA Mandate be spread upon the records of this court. (Owen, K)
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Filing
73
ORDER signed by Senior Judge Howard D. McKibben on 3/30/10 ORDERING pltf leave to amend his complaint to identify the Doe dfts; pltf shall have up to and including 4/30/10 in which to file his amended complaint; therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each dft must be sufficiently alleged. (Carlos, K)
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Filing
65
ORDER signed by Senior Judge Howard D. McKibben on 3/1/2010 ORDERING 64 Objections to the Magistrate's Order is DENIED. (Matson, R)
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Filing
58
ORDER signed by Magistrate Judge Robert A. McQuaid on 12/9/2009 GRANTING 57 Plaintiff Motion for 180 day extention of time for library access for legal research. (Reader, L)
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Filing
49
ORDER signed by Senior Judge Howard D. McKibben on 10/6/09 ORDERING plaintiff'sobjections to the magistrate judge's order is hereby DENIED. (Becknal, R)
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Filing
38
ORDER signed by Magistrate Judge Robert A. McQuaid on 7/27/09 DENYING 36 Motion to Appoint Counsel. (Engbretson, K.)
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Filing
35
ORDER signed by Senior Judge Howard D. McKibben on 7/16/09 ORDERING pltf's motion for default judgment 30 and dfts' motion to dismiss 28 DENIED. (Carlos, K)
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Filing
14
ORDER signed by Senior Judge Howard D. McKibben on 2/5/2009 GRANTING 8 Plaintiff's request to proceed IFP; Pltf is obligated to pay the statutory filing fee of $350; All fees shall be collected and paid in accordance with this court' s order to the Director of the CDCR. Pltf's claims against dfts Walker, B. Brown, Pereira, Secluna, and Lt. Goldman, and his claims for failure to protect against dft Vance, are DISMISSED for the reasons discussed, with leave to file an amended complaint within 30 days from the date of service of this order. Upon filing an amended complaint or expiration of the time allowed therefor, the court will make further orders for service of process upon some or all of the defendants. (Reader, L)
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