Baptiste v. Dunn et al
Plaintiff: Kenneth E. Baptiste
Defendant: G. Dunn, C. Hopson, D. Simpson, C. Gallegori, R. Christe, R. J. Leo, T. Kimura, U. Acquaviva and T. Felker
Case Number: 2:2008cv01420
Filed: June 20, 2008
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 19, 2014 Opinion or Order Filing 117 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/19/14 ORDERING that defendants February 18, 2014 and March 27, 2014 motions to strike are granted in part and denied in part. It is RECOMMENDED that Defendan ts November 1, 2013 motion for summary judgment (ECF No. 95 ) be granted; Plaintiffs motion for summary judgment (ECF No. 103 ) be denied; and this case be closed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 6, 2014 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/06/14 ordering the order entered by the court of 2/18/14 is vacated. Plaintiff's request for an extension of time to file a motion for summary judgment 97 is granted. Plaintiff's motion for summary judgment 103 is deemed timely. Defendants shall file a response to plaintiff's motion for summary judgment within 21 days. (Plummer, M)
February 18, 2014 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/18/14 disregarding 103 Motion for Summary Judgment. (Dillon, M)
October 25, 2013 Opinion or Order Filing 94 ORDER denying 93 Motion to Compel signed by Magistrate Judge Carolyn K. Delaney on 10/25/13. (Plummer, M)
July 24, 2013 Opinion or Order Filing 91 ORDER signed by Judge Kimberly J. Mueller on 7/23/2013 ORDERING 87 that, upon reconsideration, the order of the magistrate judge filed 4/1/2013, is AFFIRMED. (Reader, L)
April 8, 2013 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/8/13 ORDERING that defendants shall file a responsive pleading to the first amended complaint on or before April 15, 2013.(Dillon, M)
April 1, 2013 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/1/2013 DENYING plaintiff's 82 request for the appointment of counsel. (Yin, K)
March 30, 2013 Opinion or Order Filing 83 ORDER signed by Judge Kimberly J. Mueller on March 30, 2013. Granting in part and denying in part 59 Motion to Dismiss ; granting in part and denying in part 69 Motion to Dismiss ; and adopting 79 FINDINGS AND RECOMMENDATIONS (Andrews, P)
January 29, 2013 Opinion or Order Filing 79 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/29/13 RECOMMENDING that Defendants motion to dismiss (Dkt. No. 59 ) be GRANTED in part, as to (1) defendant Christe and (2) the injunctive relief claim against Christ e and Hopson; and DENIED in part, as to the damages claim against Hopson; Defendants motion to dismiss (Dkt. No. 69 ) be GRANTED in part, as to (1) defendants Acquaviva, Dunn, and Callegori, (2) the damages claims against Felker, and Leo, (3) th e damages claims against defendants in their official capacities, and (4) the injunctive relief claims against Acquaviva, Dunn, and Callegori; and DENIED in part, as to (1) the damages claim against defendant Simpson, and (2) the injunctive relief claim against defendants Felker and Leo in their official capacity. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
December 11, 2012 Opinion or Order Filing 78 ORDER granting 75 Motion for leave to file a supplemental opposition. Plaintiff's supplemental opposition 76 is deemed properly filed and will be considered in ruling on the motion to dismiss of defendants Acquaviva, Callegari, Dunn, Felker, Leo and Simpson; and defendants Acquaviva, Callegari, Dunn, Felker, Leo and Simpson may file a reply to plaintiff's supplemental opposition within 7 days of the date of this order if they wish to do so. (Plummer, M)
August 21, 2012 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/21/2012, ORDERING that plaintiff's 70 motion for an extension of time is GRANTED; plaintiff has until 9/10/2012, to file and serve a response to defendants U. Acquaviva, G. Dunn, T. Felk er, C. Gallegori, R.J. Leo and D. Simpson's 69 motion to dismiss; defendants R. Christie and C. Hopson shall RE-SERVE on plaintiff a copy of their 6/29/12, 59 motion to dismiss within 7 days and shall file a proof of service; and plaintiff shall have until 9/27/2012, to respond to defendants R. Christie and C. Hopson's motion to dismiss. (Yin, K)
October 5, 2011 Opinion or Order Filing 44 ORDER signed by Senior Judge Howard D. McKibben on 10/4/2011. All claims against defendant Kimura-Yip are DISMISSED for reasons set forth in Court's 7/17/2009 13 Order. Plaintiff's claims of deliberate indifference against named defendant s may proceed but he has failed to state a claim against them regarding delay in replacing dentures. Mr. Baptiste has 30 days from date of Order to amend his Complaint against defendants G. Dunn, C. Hobson, D. Simpson, C. Gallegori, R. Christie, R.J. Leo, Acquaviva, and T. Felker ONLY to allege what harm, if any, was caused by delay in replacing his dentures. (Marciel, M)
September 15, 2011 Opinion or Order Filing 43 ORDER signed by Senior Judge Howard D. McKibben on 9/13/2011 that 42 Mandate be spread upon records of this Court. (Marciel, M)
June 18, 2010 Opinion or Order Filing 36 ORDER signed by Senior Judge Howard D. McKibben on 6/17/10 ORDERING petitioner's complaint is DISMISSED for the reasons set forth in the its 7/16/09 order; CASE CLOSED. (Carlos, K)
June 10, 2010 Opinion or Order Filing 32 ORDER signed by Senior Judge Howard D. McKibben on 6/10/2010 ORDERING that ptnr will have until 7/12/2010 to amend his complaint as to dfts G. Dunn, C. Hobson, and D. Simpson, should the petitioner elect to do so. (Engbretson, K.)
February 2, 2010 Opinion or Order Filing 24 ORDER signed by Senior Judge Howard D. McKibben on 2/1/2010 re 20 ORDERING that the court hereby grants petitioner an additional thirty (30) days from the date of this order in which to file an amended complaint should the petitioner elect to do so.(Duong, D)
January 25, 2010 Opinion or Order Filing 23 ORDER signed by Senior Judge Howard D. McKibben on 1/21/2010 to spread 22 Mandate of USCA upon the records of District Court. (Marciel, M)
December 15, 2009 Opinion or Order Filing 21 ORDER DISMISSING CASE signed by Senior Judge Howard D. McKibben on 12/14/09, CASE CLOSED. (Mena-Sanchez, L)
September 2, 2009 Opinion or Order Filing 16 ORDER signed by Senior Judge Howard D. McKibben on 9/1/09 ORDERING that petitioner's 15 motion to reconsider in all respects is DENIED. Petitioner may amend his complaint as to the following parties only: Dr. G. Dunn, Dr. C. Hobson and Dr. D. Simpson. Petitioner's 14 motion for enlargement of time is GRANTED and Petitioner shall have thirty (30) days from this order in which to file his first amended complaint.(Duong, D)
July 17, 2009 Opinion or Order Filing 13 ORDER signed by Senior Judge Howard D. McKibben on 7/16/09: Plaintiff's request to proceed in forma pauperis is granted 6 . Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff's claims against ALL defendants are DISMISSED without prejudice. Plaintiff is granted thirty days from the date of service of this order to file a first amended complaint. (Kaminski, H)
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Plaintiff: Kenneth E. Baptiste
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Defendant: G. Dunn
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Defendant: C. Hopson
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Defendant: D. Simpson
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Defendant: C. Gallegori
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Defendant: R. Christe
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Defendant: R. J. Leo
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Defendant: T. Kimura
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Defendant: U. Acquaviva
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Defendant: T. Felker
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