Moreno v. Medina et al
Plaintiff: Mark Anthony Moreno
Defendant: David Medina, Rita Waterman, James, Hitchcock, Cochran, Chief Medical Officer of H.D.S.P., High Desert State Prison I.C.C. and E. Simmerson
Case Number: 2:2008cv01344
Filed: June 13, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Lassen
Presiding Judge: Edmund F. Brennan
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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

Date Filed Document Text
January 6, 2015 Opinion or Order Filing 151 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/5/2015 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
December 4, 2014 Opinion or Order Filing 150 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/03/14 ordering that within 14 days from the date of this order, plaintiff shall file an opposition to the motion or statement of no opposition. Given the lengthy extensions of time previously granted, the court is not inclined to grant further extensions. (Plummer, M)
October 17, 2014 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/15/2014 GRANTING-IN-PART 144 MOTION for Extension of Time. Plaintiff shall have 30 days from the date of service of this order to file his opposition to 130 Motion for Summary Judgment. (Donati, J)
September 24, 2014 Opinion or Order Filing 148 ORDER adopting in full 140 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 9/24/14. Plaintiff's 123 , 126 motions for preliminary injunctive relief are DENIED. (Kastilahn, A)
August 6, 2014 Opinion or Order Filing 143 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/5/14 ORDERING that plaintiffs requests for a court order compelling prison officials to allow him to review and copy his central file and medical records 138 and 139 are DENIED without prejudice; and Plaintiffs request for an extension of time is granted and plaintiff has 21 days from the date of this order to file his opposition to the currently-pending motion for summary judgment. (Dillon, M)
June 26, 2014 Opinion or Order Filing 140 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/25/2014 RECOMMENDING that plaintiff's 123 , 126 motions for preliminary injunctive relief be denied. Referred to Judge John A. Mendez; Objections due within 14 days.(Yin, K)
June 18, 2014 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/14 ORDERING that within 14 days of this order, R. Lawrence Bragg and/or the California Office of the Attorney General shall pay the Clerk of Court $500 in monetary sanctions for their failure to comply with Federal Rule of Civil Procedure 16 and the courts scheduling order. (Dillon, M)
April 25, 2014 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/24/14 granting 133 Motion for Extension of time. Plaintiff has 60 days from the date of this order to file his opposition. Plaintiff's motion to compel 134 is denied. (Plummer, M)
March 21, 2014 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/14 ORDERING that Defendant Medinas motion to modify the scheduling order to extend the time within which he may file a fourth motion for summary judgment (ECF Nos. 121 , 122 ) is grante d. Medinas summary judgment motion shall be filed no later than April 2, 2014. Plaintiffs response to Medinas motion shall be filed no later than May 5, 2014. Defense counsel shall show cause, within 14 days, why monetary sanctions should not be imposed for his (or his predecessors) failure to comply with this courts scheduling order and Rule 16 of the Federal Rules of Civil Procedure.(Dillon, M)
February 14, 2014 Opinion or Order Filing 125 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/14/14 ORDERING the Custodian to produce Mark Anthony Moreno via video conferencing at California State Prison, Sacramento on March 19, 2014 from 11:00-11:30 before 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)(Dillon, M)
September 10, 2013 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2013 REQUESTING confidential settlement statements for prisoner settlement program to be submitted by the parties,no later than 30 days, as described in this order. (cc: ADR)(Yin, K)
September 5, 2013 Opinion or Order Filing 117 ORDER adopting 115 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 9/4/13: Defendants 109 motion for summary adjudication is granted and plaintiff's Eighth Amendment claim is summarily adjudicated in favor of defendants. (Kaminski, H)
July 12, 2013 Opinion or Order Filing 115 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/11/13 recommending that defendants' 09/10/12 motion for summary adjudication 109 be granted and that plaintiff's Eighth Amendment claim be summarily adjudicated in favor of defendants. MOTION for SUMMARY JUDGMENT 109 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 18, 2012 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/18/12 ORDERING that plaintiffs motions Dckt. Nos. 106 , 107 , 108 are DENIED.(Dillon, M)
August 9, 2012 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/9/12 ORDERING 99 Findings and Recommendations are vacated; 49 Motion for Summary Judgment is denied without prejudice; Within 30 days of the date of this order, defendants may re-file and re -serve their motion for summary judgment; If defendants re-serve their motion, plaintiff may thereafter file and serve an amended or supplemental opposition within thirty days. If plaintiff fails to file an amended or supplemental opposition, the cou rt will consider his existing opposition in resolving defendants' motion; If plaintiff files an amended or supplemental opposition, defendants may thereafter file an amended reply within fourteen days; 101 Motion for Extension of Time to object is denied as moot; and Plaintiff's motion for an order granting him PLU status 102 and his motion for an order compelling R.J. Donovan State Prison to ship him his property 103 are denied without prejudice.(Matson, R)
June 29, 2012 Opinion or Order Filing 99 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/29/12 recommending that the 01/28/10 motion for summary judgment filed by defendants be granted as to plaintiff's claim that defendants James, Medina and Hitchcock v iolated the Eighth Amendment by confiscating his medical devices and chronos of 06/04/08 but denied as to plaintiff's remaining claims against defendants James and Medina. MOTION for SUMMARY JUDGMENT 49 referred to Judge John A. Mendez; Objections due within 14 days. (Plummer, M)
November 14, 2011 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/11 ordering defendants' motion for summary judgment 49 is deemed submitted. Plaintiff's request that the court order Kern Valley State Prison to obtain more materials for its law library is denied. (Plummer, M)
August 23, 2011 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Edmund F. Brennan on 08/23/11 ordering within 14 days of the date of this order, defendants shall respond to plaintiff's allegations that his law library does not contain adequate legal materials. Plaintiff is g ranted 30 days from the date of this order to file an amended opposition to defendants' motion for summary judgment, if he chooses. Defendants' reply brief is due 21 days after plaintiff files his amended brief or his time for doing so expires, whichever is sooner. Plaintiff's 08/08/11 motion for appointment of counsel 94 is denied. (Plummer, M)
July 22, 2011 Opinion or Order Filing 93 ORDER signed by Judge John A. Mendez on 7/22/2011 adopting 89 FINDINGS AND RECOMMENDATIONS in full; 82 Motion for Preliminary Injunction is DENIED. (Waggoner, D)
June 3, 2011 Opinion or Order Filing 89 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/03/11 ORDERING that within 21 days of the date of this order, plaintiff shall respond to defendants' motion for summary judgment. Also, RECOMMENDING that plaintiff's motion for injunctive relief be denied. Motions for injunctive relief 82 , 88 referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
February 8, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/11 ORDERING that 75 and 76 Motions to Compel are DENIED as moot; 77 Motion is TERMINATED; 83 Motion for Default Judgment is DENIED; and Defendants are ordered to file a response to plaintiffs motion for injunctive relief within 14 days of the date of this order. (Dillon, M)
September 30, 2010 Opinion or Order Filing 79 ORDER signed by Judge John A. Mendez on 9/29/2010 ADOPTING 74 Findings and Recommendations in full. Pltf's 70 Motion for a Preliminary Injunction is DENIED. (Zignago, K.)
August 30, 2010 Opinion or Order Filing 74 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/30/2010 ORDERING that dfts' 49 motion for summary judgment is DENIED w/out prejudice to renewal after discovery is complete; pltf to file a motion to compel w/in 14 days; and RECOMMENDING that pltf's 70 motion for preliminary injunction be denied. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
August 2, 2010 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2010 ORDERING that pltf's 58 , 61 , 66 motions to compel are DENIED as moot; and as ordered in the court's 7/19/10 order, pltf to file his opposition to dft's motion for summary judgment by 8/18/10. (Yin, K)
June 16, 2010 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/10 ordering that defendants shall file a response to plaintiff's motions no later than 7 days from the date of this order. Plaintiff's duty to file an opposition to defendants' summary judgment motion is temporarily postponed pending the resolution of these motions. (Plummer, M)
May 20, 2010 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/20/10 DENYING 54 Motion to Amend the Complaint. Plaintiff must file his opposition to defendants summary judgment motion within 14 days of the date of this order. (Dillon, M)
November 25, 2009 Opinion or Order Filing 48 ORDER signed by Judge John A. Mendez on 11/24/09 ORDERING the Findings and Recommendations 38 ; and dft Waterman is DISMISSED WITHOUT PREJUDICE.(Carlos, K)
November 4, 2009 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/4/09 DENYING 46 Motion to Appoint Counsel. (Dillon, M)
August 19, 2009 Opinion or Order Filing 38 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/19/09 RECOMMENDING that dft Waterman be dismissed without prejudice. Objections to F&R due within 15 days. (Engbretson, K.)
January 28, 2009 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/2009 DIRECTING USM to serve on dfts David Medina, Rita Waterman, James, and Hitchcock. The Clerk of the Court is directed to forward the instructions for service of process, the completed sum mons, copies of the 6/13/2008, complaint, copies of the form Consent to Proceed Before a US Magistrate Judge, and copies of this order to the USM; and the Clerk of the Court shall serve upon plaintiff a copy of the Local Rules of Court.(Reader, L) Modified on 4/29/2009 (Plummer, M).
January 13, 2009 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/2009 ORDERING that pltf has 20 days either to explain his failure to comply w/ 12 order or to submit a completed summons; the clerk to send pltf one blank summons. (Yin, K)
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Search for this case: Moreno v. Medina et al
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Plaintiff: Mark Anthony Moreno
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Defendant: David Medina
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Defendant: Rita Waterman
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Defendant: James
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Defendant: Hitchcock
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Defendant: Cochran
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Defendant: Chief Medical Officer of H.D.S.P.
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Defendant: High Desert State Prison I.C.C.
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Defendant: E. Simmerson
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