Smith v. Stovall et al
| Michael Smith |
| R. Stovall, K. Lawrence, S. Hawkness, Aurich, Orcher, Auigria, Souce, - Albonico and Weeks |
| 2:2008cv02492 |
| October 20, 2008 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| John F. Moulds |
| 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
102
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/23/2018 RECOMMENDING 100 Motion to Dismiss be granted and this action be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
99
ORDER signed by Judge Lawrence K. Karlton on 09/07/12 ORDERING that this matter is dropped from the court's trial calendar; this matter shall not proceed further unless and until plaintiff files a motion to proceed to trial; this order is without prejudice to defendants' right to oppose a motion to proceed to trial on the ground of, inter alia, unavailability of witnesses; and the Clerk is directed to administratively close this case. CASE ADMINISTRATIVELY CLOSED (Benson, A.)
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Filing
97
ORDER signed by Judge Lawrence K. Karlton on 7/13/2012. This matter is set for Trial Confirmation Hearing on 9/4/2012 at 11:15 AM in Courtroom # 4. Plaintiff shall appear at Hearing by video-conference pursuant to 96 Order & Writ of Habeas Corpus Ad Testificandum issued concurrently. (Marciel, M)
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Filing
95
ORDER signed by Judge Lawrence K. Karlton on 7/9/2012 ADOPTING 91 Findings and Recommendations in full; DENYING 78 Motion to Dismiss. (Michel, G)
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Filing
91
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 5/2/2012 RECOMMENDING that defendants' 78 motion to dismiss be denied. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
88
ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 12/20/2011. Within 10 days from date of Order, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed for failure to oppose defendants' Motion and failure to comply with Court's 11/15/2011 80 Order. (Marciel, M)
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Filing
80
ORDER signed by Judge Lawrence K. Karlton on 11/15/11 ORDERING the trial date is VACATED, subject to be reset after the court rules on the pending Motion to Dismiss; Plaintiff is ORDERED to file an opposition to the Motion to Dismiss within ten (10) days of the issuance of this order. (Becknal, R)
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Filing
77
ORDER and clarification signed by Magistrate Judge John F. Moulds on 11/7/11. (Dillon, M)
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Filing
76
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Lawrence K. Karlton on 10/24/2011 ORDERING the Custodian to produce Micheal Smith, inmate #: F-67279 on 11/29/2011 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 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) (Michel, G)
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Filing
75
ORDER signed by Judge Lawrence K. Karlton on 9/13/11 ORDERING Jury trial of this matter is tentatively confirmed for November 29, 2011, at10:30 a.m. in Courtroom # 4. Defendants' request for a separate trial on the issue of punitive damages is granted. Defendants' request for clarification of when payment of expenses ordered by the magistrate judge is due is referred to the magistrate judge.(Matson, R)
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Filing
71
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 08/18/11 ORDERING the Custodian to produce Micheal Smith, F-67279, on 09/12/11 at 11:15 a.m. at the United States Courthouse, 501 I Street, Sacrament o, California before Judge Lawrence K. Karlton in Courtroom 4 on the 15th floor. 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) (Benson, A.)
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Filing
68
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 07/28/11 ordering the custodian to produce Micheal Smith via video conferencing at 09/12/11 at 11:15 a.m. in courtroom 4 before Judge Lawrence K. Karlton. 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: I.T. Dept-Sacramento) (Plummer, M)
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Filing
62
ORDER signed by Magistrate Judge John F. Moulds on 01/13/11 granting 61 Motion to modify the scheduling order. The parties shall file pretrial statements in accordance with the schedule set in the court's 12/03/10 scheduling order, and pretrial conference on the papers remains set for 03/18/11 before the undersigned. Jury trial on this matter before the Honorable Lawrence K. Karlton is continued from 08/02/11 at 10:30 a.m. to 11/29/11 in courtroom 4. (Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge John F. Moulds on 09/23/10 ordering defendants' 05/28/10 and 06/11/10 motions to compel plaintiff's deposition, for sanctions and/or expenses, and to modify the schduling order 46 , 47 are granted in part. Defendants are awarded expenses of the failed 05/27/10 video deposition in the amount of $950.00. Discovery is closed. The time for filing pretrial motions, except motions to compel discovery, is extended to 10/29/10. (Plummer, M)
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Filing
54
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 07/01/10 ORDERING the custodian to produce Micheal Smith at 07/15/10 at 10:00 a.m. in courtroom #1 for a deposition. Custodian is ordered to notify the court of any changes in custody and to provide the 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. (Plummer, M) Modified on 7/1/2010 (Plummer, M). Modified on 7/1/2010 (Plummer, M).
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Filing
50
ORDER signed by Magistrate Judge John F. Moulds on 06/29/10 ordering that on or before 4:30 p.m. Wednesday, 06/30/10, counsel for defendants shall file and serve a written notice of deposition setting plaintiff's deposition in accordance with this order. (Plummer, M)
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Filing
45
DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge John F. Moulds on 3/29/10: parties may conduct discovery until 6/11/2010; all pretrial motions, except for motions to compel discovery, shall be filed by 9/3/2010. Pretrial conference and trial dates will be set, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion. (Carlos, K)
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Filing
40
ORDER signed by Senior Judge Lawrence K. Karlton on 2/23/10 ORDERING the Findings and Recommendations 39 are ADOPTED IN FULL; dfts' motion to dismiss 26 is GRANTED IN PART; claims against dfts Oshner, Hawkness, Aurich, Albonico, Weeks, Scouce and Auigriu DISMISSED; within 10 days from this order, dfts Stovall and Lawrence shall answer the claims against them.(Carlos, K)
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Filing
39
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 01/26/10 ORDERING the court's 11/12/09 order 34 is vacated. Plaintiff's 12/23/09 motion 38 is denied. Also, RECOMMENDING that defendants' 8/20/09 mot ion to dismiss be granted in part. The claims against defendants Oshner, Hawkness, Aurich, Albonico, Weeks, Scouce and Auigriu be dismissed and said defendants be dismissed from this action. The District Court order defendants Stovall and Lawrence to answer the claims against them arising from the allegedly inappropriate search and alleged racial bias in searches and seating in the prison dining hall within 10 days. MOTION to DISMISS 26 referred to Judge Lawrence K. Karlton. Objections due within 14 days.(Plummer, M)
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Filing
34
[VACATED PURSUANT TO 01/26/09 ORDER]ORDER signed by Magistrate Judge John F. Moulds on 11/11/09 ordering the clerk of the court shall send plaintiff 2 USM-285 forms, instruction sheet and a copy of the 10/20/08 complaint to be completed and returned within 60 days. (Plummer, M) Modified on 1/26/2010 (Plummer, M).
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Filing
25
ORDER signed by Magistrate Judge John F. Moulds on 08/11/09 denying 20 , 23 Motions for default judgment. (Plummer, M)
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Filing
13
ORDER DIRECTING USM to serve on defts Orcher, Auigria, Souce, Albonico, Weeks, R. Stovall, K. Lawrence, S. Hawkness and Aurich within 10 days signed by Magistrate Judge John F. Moulds on 4/15/09; clerk is directed to forward pltf's instructions for service, the completed summons, copies of the complaint, copies of the form regarding consent or request for reassignment and copies of this order to the USM; clerk shall serve upon the pltf the local rules. (cc:USM) (Gaydosh, J)
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