Barry v. Felker et al
Plaintiff: Timothy Demond Barry
Defendant: T. Felker, J - Bishop and N. Albonico
Case Number: 2:2008cv01722
Filed: July 25, 2008
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Philip M. Pro
Presiding Judge: George W. Foley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
September 3, 2013 Opinion or Order Filing 75 ORDER signed by District Judge Philip M. Pro on 9/3/2013 GRANTING 63 Motion for Summary Judgment as to Defendants Jason Bishop and Nickolus Albonico. (Michel, G)
April 8, 2013 Opinion or Order Filing 68 ORDER ; Denying 64 Motion to Appoint Counsel signed by District Judge Philip M. Pro on 4/8/2013. (Kusamura, W)
February 19, 2013 Opinion or Order Filing 62 ORDER re: Request for Ruling 61 , signed by District Judge Philip M. Pro on 2/19/2013. (Kusamura, W)
March 22, 2012 Opinion or Order Filing 58 ORDER signed by District Judge Philip M. Pro on 3/21/2012 DENYING plaintiff's 57 Motion for Appointment of Counsel without prejudice to re-file Motion with US Court of Appeal for Ninth Circuit. [cc: USCA - 9th Circuit] (Marciel, M)
October 28, 2011 Opinion or Order Filing 53 ORDER granting 47 Motion for Summary Judgment signed by District Judge Philip M. Pro on 10/27/11: Clerk of Court shall forthwith enter judgment accordingly. Defendants Ex Parte Request is DENIED as moot 52 . (Kaminski, H)
May 25, 2011 Opinion or Order Filing 51 ORDER signed by Magistrate Judge George W. Foley on 5/24/2011 GRANTING defendants' 45 Motion for Reconsideration as follows: defendants non-relevant and confidentiality Objections to plaintiffs Request for Production No. 2 are UPHELD. Defendants do not need to respond further to this discovery request. (Marciel, M)
May 5, 2011 Opinion or Order Filing 50 ORDER signed by Magistrate Judge George W. Foley on 5/4/11 ORDERING dfts Bishop and Albonico's motion for reconsideration 45 is GRANTED; dfts confidentiality objections to Pltf's interrogatory nos. 2, 4, and 6-7 are upheld. Dfts do not ne ed to respond further to these discovery requests; dfts shall provide an unredacted copy of the incident report for the 7/23/07 incident in facility C to the Court for in camera review on or before 5/23/11 in order for the Court to rule on dfts relevance objection to disclosure. (Carlos, K)
January 28, 2011 Opinion or Order Filing 46 ORDER signed by Magistrate Judge George W. Foley on 1/26/11 ORDERING the motion for appointment of counsel 44 is DENIED. (Carlos, K)
December 14, 2010 Opinion or Order Filing 43 ORDER signed by Magistrate Judge George W. Foley, Jr. on 12/13/10 ORDERING that Plaintiff's Motion to Compel for Dfts J. Bishop and N. Albonico to Produce the Names of Officers Named in the Incident Reports on 7/23/07 also Documents Pertinent to the 7/23/07 Incident 36 is granted in part and denied in part asfollows: Dft Bishop shall substantively respond to interrogatory nos. 2, 4, and 6-7 on or before 1/13/11; Dft Bishop shall supplement his response to interrogatory no. 8 to the extent that the overruled objection limited his substantive response on or before 1/13/11; and Dft Albonico shall substantively respond on or before 1/13/11 to Plaintiff's requests for production nos. 2 and 4 by producing copies of all incident reports and medical reports in Dft's possession or control related to the subject incident on 7/23/07. These reports shall be redacted in the manner discussed above. (Becknal, R)
October 22, 2010 Opinion or Order Filing 41 ORDER signed by Magistrate Judge George W. Foley on 10/21/10 ORDERING dfts Bishop and Albonic's Motion to Compel 37 is GRANTED in part and DENIED in part: the Court GRANTS dfts leave to depose pltf; and dfts' request for sanctions is DENIED. (Carlos, K)
August 25, 2010 Opinion or Order Filing 32 ORDER signed by Magistrate Judge George W. Foley on 8/23/10 DENYING, without prejudice, pltf's 30 Motion to Compel. (Owen, K)
April 2, 2010 Opinion or Order Filing 28 ORDER signed by Magistrate Judge George W. Foley on 4/1/2010 GRANTING plaintiff's 27 Motion to Order and Schedule Discovery proceedings as to defendants J. Bishop and N. Albonico. Parties may conduct Discovery until 8/31/2010. All Pre-Trial Motions, except Motions to Compel Discovery, shall be filed on or beofre filed by 1/31/2011. Court will NOT look with favor upon request for extensions of time. Pretrial Conference and Trial dates will be set as appropriate. (Marciel, M)
October 7, 2009 Opinion or Order Filing 18 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge George W. Foley on 10/06/09 RECOMMENDING that the 14 Motion for Default Judgment be denied. Objections to these F&Rs are due w/i 20 days; referred to Judge Philip M. Pro. (Benson, A.)
January 28, 2009 Opinion or Order Filing 8 ORDER signed by Magistrate Judge George W. Foley on 01/27/09 ORDERING that pltf's 2 request to proceed IFP is GRANTED; all payments shall be collected in accordance with the notice to the director of CDC filed concurrently herewith; this actio n shall proceed upon an Eighth Amendement claim against dfts Felker, Bishop and Albonico; the court shall provide to pltf 1 summons, a copy of the 07/25/08 pleading, 3 USM-285 forms and instructions for service of process; submission of documents due within 20 days. (Manzer, C)
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Plaintiff: Timothy Demond Barry
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Defendant: T. Felker
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Defendant: J - Bishop
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Defendant: N. Albonico
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