(PS) Navarro v. State of California et al
| Peter Navarro, Jr. |
| David Paulson, CA Department of Corrections, Julie Underwood, Jefferey Datzman, Rich Word, Ray Donaldson, Department of Justice, Arnold Schwarzenegger, State of California, California Board of Prision Terms, Edmund G. Brown, Jr., Solano County, City of Vacaville Police Department, Robert Doyle, City of Vacaville and Matthew Cate |
| 2:2008cv02562 |
| October 28, 2008 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F Brennan |
| John A Mendez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2012. A more recent docket listing may be available from PACER.
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Filing 62
JUDGMENT dated *1/6/12* pursuant to order signed by Judge John A. Mendez on 1/6/12. (Meuleman, A)
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Filing 61
ORDER signed by Judge John A. Mendez on 1/6/12 DISMISSING with prejudice all of plaintiff's remaining state law claims; CASE CLOSED. (Meuleman, A)
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| SERVICE BY MAIL: #62 Judgment served on Peter Navarro Jr. (Meuleman, A) |
| SERVICE BY MAIL: #61 Order served on Peter Navarro Jr. (Meuleman, A) |
| Filing 60 USCA MANDATE as to #53 Notice of Appeal filed by Peter Navarro, Jr., #45 Notice of Interlocutory Appeal filed by Peter Navarro, Jr. Decision of district court AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (Meuleman, A) |
| Filing 59 USCA MEMORANDUM as to #53 Notice of Appeal: The decision of district court is AFFIRMED IN PART, VACATED IN PART, and REMANDED. The parties shall bear their own costs on appeal. (Michel, G) |
| Filing 58 REQUEST for record be forwarded to USCA by Peter Navarro, Jr. (Kaminski, H) |
| Filing 57 USCA CASE NUMBER 10-16508 for #53 Notice of Appeal filed by Peter Navarro, Jr.. (Zignago, K.) |
| Filing 56 USCA MANDATE ordering the judgment entered 4/15/2010 takes effect this date. (Matson, R) |
| Filing 55 USCA ORDER as to #45 Notice of Interlocutory Appeal filed by Peter Navarro, Jr. ORDERING this appeal is dismissed for lack of jurisdiction. (Matson, R) |
| RECEIPT number #CAE200027967 $455.00 fbo Peter Navarro, Jr. by Neveda L C Navarro on 7/15/2010. (Owen, K) |
| Filing 54 APPEAL PROCESSED to Ninth Circuit re #53 Notice of Appeal filed by Peter Navarro, Jr. Filed dates for Notice of Appeal *4/22/2010*, Complaint *10/28/2008* and Appealed Order / Judgment *3/23/2010*. Court Reporter: *N/A*. *Fee Status: Not Paid - Billed* *Peter Navarro, Jr.* (Attachments: #1 Appeal Information, #2 Bill for Appeal Fee, #3 Certificate of Record) (Waggoner, D) |
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Filing 52
ORDER of USCA directing the Clerk to forward the 4/22/2010 Motion for Reconsideration to the district court for processing as a Notice of Appeal from the #50 Final Judgment entered on 3/23/10. (Waggoner, D)
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| SERVICE BY MAIL: #54 Appeal Processed to USCA served on Peter Navarro Jr. (Waggoner, D) |
| Filing 53 NOTICE of APPEAL (entitled Request for Reconsideration) by Peter Navarro, Jr as to #50 Judgment. [Notice forwarded by USCA on 7/9/2010 and filed in district court pursuant to #52 USCA Order.] (Waggoner, D) |
| Filing 51 USCA ORDER Appeal DISMISSED for lack of jurisdiction. (Williams, D) |
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Filing 50
JUDGMENT dated *3/23/10* entered pursuant to order signed by Judge John A. Mendez on 3/22/10. (Kastilahn, A)
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Filing 49
ORDER signed by Judge John A. Mendez on 3/22/10, ORDERING that the #39 FINDINGS AND RECOMMENDATIONS are ADOPTED, with the following exception: The motion to dismiss #7 is GRANTED in that Solano County, Solano County District Atty David Paulson and Solano County Deputy District Atty Julie Underwood are DISMISSED with prejudice. The motion to dismiss #9 is GRANTED in that the Vacaville Police Dept, the City of Vacaville, Vacaville Police Chief Richard Word and Vacaville Police Officers Raye Donaldson and Jeffrey Datzman are DISMISSED with prejudice. The motion to dismiss #21 , is GRANTED in that the State of CA, the CA Dept of Justice, the CDCR and the BOP Terms are DISMISSED with prejudice. Gov. Schwarzenegger, Atty General Edmund G. Brown, Jr., CDCR Secy Matthew Cate, and CDCR Commissioner Robert Doyle, each in their official and individual capacities are DISMISSED with prejudice. Pltf's claim regarding unreasonable parole conditions is DISMISSED without leave to amend. CASE CLOSED (Kastilahn, A)
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| SERVICE BY MAIL: #50 Judgment, and #49 Order Adopting F&R's, served on Peter Navarro, Jr. (Kastilahn, A) |
| Filing 48 USCA CASE NUMBER 10-15421 for #45 Notice of Interlocutory Appeal filed by Peter Navarro, Jr. (Engbretson, K.) |
| SERVICE BY MAIL: #47 Appeal Processed to USCA served on plaintiff Peter Navarro Jr.. (Marciel, M) |
| Filing 47 APPEAL PROCESSED to Ninth Circuit for #45 Notice of Interlocutory Appeal filed by plaintiff Peter Navarro, Jr.. Filed dates for Notice of Appeal *2/22/2010*, Complaint *10/28/2008* and Appealed Order / Judgment *1/25/2010*. Court Reporter: *N/A*. *Fee Status: Paid on 2/22/2010 in the amount of $455.00* ** (Attachments: #1 Appeal Notice, #2 Certificate of Record) (Marciel, M) |
| Filing 46 MOTION for Record to be forwarded to 9th Circuit of Appeals by plaintiff Peter Navarro, Jr.. (Attachments: #1 Proof of Service) (Marciel, M) |
| Filing 45 NOTICE of INTERLOCUTORY APPEAL by Peter Navarro, Jr. as to #39 Findings and Recommendations. (Attachments: #1 Certificate of Issues to be raised on Appeal) (Marciel, M) |
| Filing 44 RESPONSE by plaintiff Peter Navarro, Jr. to defendant's #42 Reply to Objections for Findings and Recommendations. (Attachments: #1 Proof of Service) (Marciel, M) |
| RECEIPT number #CAE200024059 $455.00 fbo Peter Navarro, Jr by Neveda L.C. Navarro on 2/22/2010. (Kaminski, H). |
| Filing 43 CERTIFICATE of SERVICE by Solano County, David Paulson, Julie Underwood re #42 Reply. (Whitefleet, John) |
| Filing 42 REPLY by Solano County, David Paulson, Julie Underwood re #40 Objections to Findings and Recommendations. (Whitefleet, John) |
| Filing 41 DECLARATION of Peter Navarro re #40 Objections to Findings and Recommendations. (Kastilahn, A) |
| Filing 40 OBJECTIONS to FINDINGS and RECOMMENDATIONS #39 , by Plaintiff Peter Navarro, Jr. (Kastilahn, A) |
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Filing 39
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/25/10 RECOMMENDING that Motions #7 , #9 , #21 to Dismiss be granted in part; Governor Arnold Schwarzenegger, Attorney General Edmund G. Brown, Jr. CDCR Secratary Matthew Cate, and CDCR Commissioner Robert Doyle each be dismissed with prejudice in their official capacities, and without prejudice in their individual capacities; plaintiff's claim regarding unreasonable parole conditions be dismissed without leave to amend. Furthermore, it is ORDERED that plaintiff's remaining claims are dismissed with leave to amend. Amended complaint may be no longer than 25 pages and is due within 14 days of any order adopting these Findings and Recommendations; #38 Motion Requesting Decision is DENIED as moot. Objections due within 14 days of service. (Owen, K)
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| SERVICE BY MAIL: #39 Order and Findings and Recommendations served on Peter Navarro Jr. (Owen, K) |
| Filing 38 MOTION requesting a decision on the #7 #9 motions to dismiss by Peter Navarro, Jr. (Duong, D) |
| Filing 37 NOTICE of CHANGE of ADDRESS to 11834 S. Dancing Horse Place, Vail, AZ 85641 by Peter Navarro, Jr. (Carlos, K) |
| Filing 36 MINUTE ORDER by CRD: The Initial Scheduling Conference currently set for hearing on 03/18/09 is VACATED and will be dropped from calendar pending the Court's decision on Deft's Motion to Dismiss #7 , #9 . If the Court wishes to address the future scheduling of this matter, it will be placed back on calendar and the parties will be notified via Minute Order.(Text only entry) (Cannarozzi, N) |
| SERVICE BY MAIL: 36 Minute Order served on Peter Navarro Jr. (Cannarozzi, N) |
| Filing 34 REPLY to RESPONSE to dfts' motion by Peter Navarro, Jr. (Carlos, K) |
| Filing 35 CERTIFICATE of SERVICE by Peter Navarro, Jr. of #34 Reply to Response to Motion. (Carlos, K) |
| Filing 33 MINUTE ORDER by CRD: Deft's Motions to Dismiss #7 , #9 presently calendared for hearing on 02/04/09 are ordered submitted without appearance and without argument pursuant to Local Rule 78-230(h). (Text only entry) (Cannarozzi, N) |
| SERVICE BY MAIL: 33 Minute Order served on Peter Navarro Jr. (Cannarozzi, N) |
| Filing 32 PROOF OF SERVICE of Reply to Opposition to Motion to Dismiss and Request for Judicial Notice by City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman.(Carlos, K). |
| Filing 31 REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss by City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman. (Attachments: #1 Exhibit Solano County Superior Court Minutes (May 15, 16, & 19, 2008))(Hobrecht, Gerald) Modified on 1/29/2009 (Carlos, K). |
| Filing 30 REPLY TO OPPOSITION TO MOTION TO DISMISS by City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman. (Hobrecht, Gerald) Modified on 1/29/2009 (Carlos, K). |
| Filing 27 REPLY by Robert Doyle, California Board of Prision Terms, Department of Justice, Edmund G. Brown, Jr, State of California, Matthew Cate, Arnold Schwarzenegger to RESPONSE to #21 MOTION to DISMISS or, in the Alternative, Motion for a More Definite Statement. (Angus, Michelle) |
| Filing 29 CERTIFICATE of SERVICE by Peter Navarro, Jr re #28 Reply to Response to Motion. (Carlos, K) |
| Filing 28 REPLY by Peter Navarro, Jr to OPPOSITION to #7 dfts' Motion to Dismiss. (Carlos, K) |
| Filing 26 REPLY to Plaintiff's Opposition to Motion to Dismiss by Solano County, David Paulson, Julie Underwood. (Whitefleet, John) Modified on 1/30/2009 (Carlos, K). |
| Filing 25 CERTIFICATE of SERVICE by Peter Navarro, Jr. (Kastilahn, A) |
| Filing 24 REQUEST by Peter Navarro, Jr., for addt'l relief due to recent discoveries and recent 9th circuit court decision, and request for hrg of motion on scheduled 2/4/09 hearing. (Kastilahn, A) |
| Filing 23 MINUTE ORDER by CRD: Deft Solano County, David Paulson, Julie Underwood, City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, and Jefferey Datzman's Motions to Dismiss #7 #9 currently set for hearing on 01/21/09 are ordered CONTINUED to 2/4/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Text only entry) (Cannarozzi, N) |
| SERVICE BY MAIL: 23 Minute Order served on Peter Navarro Jr. (Cannarozzi, N) |
| Filing 22 OPPOSITION by Peter Navarro, Jr to #21 MOTION to DISMISS. (Manzer, C) |
| SET/RESET MOTION HEARING Motion Hearing set for 2/4/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan, as to #7 , #9 and 21] Motions to Dismiss (Streeter, J) |
| Filing 21 MOTION to DISMISS or, in the Alternative, Motion for a More Definite Statement by Robert Doyle, California Board of Prision Terms, Department of Justice, Edmund G. Brown, Jr, State of California, Matthew Cate, Arnold Schwarzenegger. (Attachments: #1 Points and Authorities, #2 Declaration of P. Biggs in Support of Motion to Dismiss, #3 Declaration of N. Grannis in Support of Defendants' Motion to Dismiss, #4 Declaration of M. Bunts in Support of Motion to Dismiss) Motion Hearing set for 2/4/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Angus, Michelle) Modified on 12/24/2008 (Streeter, J). |
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Filing 20
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/2008 GRANTING #18 Stipulation and Proposed Order extending time for defendants to file response to plaintiff's complaint to 12/23/2008. (Matson, R)
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| SERVICE BY MAIL: #20 Order served on Peter Navarro Jr. (Matson, R) |
| Filing 18 STIPULATION and PROPOSED ORDER for Extending Time to File Response to Plaintiff's Complaint by Robert Doyle, California Board of Prision Terms, Department of Justice, Edmund G. Brown, Jr, State of California, Matthew Cate, Arnold Schwarzenegger. Attorney Angus, Michelle Leigh added. (Angus, Michelle) |
| Filing 19 CERTIFICATE of SERVICE by Peter Navarro, Jr re #17 Opposition to Motion, #16 Opposition to Motion. (Manzer, C) |
| Filing 17 OPPOSITION by Peter Navarro, Jr. to #7 Motion to Dismiss (MAINTAIN ON PAPER). (Benson, A) |
| Filing 16 OPPOSITION by Peter Navarro, Jr. to #9 Motion to Dismiss. (Attachments: #1 Additional Evidence) (MAINTAIN ON PAPER)(Benson, A) |
| Filing 15 MINUTE ORDER by CRD: Pltf's Request #14 to withdraw his motion for ruling and clarifying proper service date #10 is GRANTED. His motion is hereby VACATED. (Text only entry) (Cannarozzi, N) |
| SERVICE BY MAIL: 15 Minute Order served on Peter Navarro Jr. (Cannarozzi, N) |
| Filing 14 REQUEST for withdrawal of motion requesting ruling on proper service date filed November 21, 2008 by Peter Navarro, Jr. (Streeter, J) |
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Filing 13
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/21/08 ORDERING that dfts Brown Cate, Dyle and Schwarzenegger have until 12/23/08 to file and serve a response to the complaint. (Benson, A)
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| SERVICE BY MAIL: #13 Stipulation and Order served on Peter Navarro Jr. (Benson, A) |
| Filing 12 SUMMONS RETURNED EXECUTED by Peter Navarro, Jr. California Board of Prision Terms served on 11/21/2008, answer due 12/11/2008; Department of Justice served on 11/21/2008, answer due 12/11/2008; State of California served on 11/21/2008, answer due 12/11/2008; CA Department of Corrections served on 11/21/2008, answer due 12/11/2008. (Streeter, J) |
| Filing 11 SUMMONS RETURNED EXECUTED by Peter Navarro, Jr. City of Vacaville served on 11/19/2008, answer due 12/9/2008; City of Vacaville Police Department served on 11/19/2008, answer due 12/9/2008; Rich Word served on 11/19/2008, answer due 12/9/2008; Ray Donaldson served on 11/19/2008, answer due 12/9/2008; Jefferey Datzman served on 11/19/2008, answer due 12/9/2008; Robert Doyle served on 11/19/2008, answer due 12/9/2008; Edmund G. Brown, Jr served on 11/19/2008, answer due 12/9/2008; Matthew Cate served on 11/19/2008, answer due 12/9/2008; Arnold Schwarzenegger served on 11/19/2008, answer due 12/9/2008; Solano County served on 11/19/2008, answer due 12/9/2008; David Paulson served on 11/19/2008, answer due 12/9/2008. (Streeter, J) |
| Filing 10 REQUEST for ruling and clarifying proper service date by Peter Navarro, Jr. (Streeter, J) |
| Filing 9 MOTION to DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED by City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman. Attorney Hobrecht, Gerald Lawrence added. Motion Hearing set for 1/21/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Hobrecht, Gerald) Modified on 11/25/2008 (Streeter, J). Modified on 11/25/2008 (Streeter, J). |
| Filing 8 STIPULATION and PROPOSED ORDER Extending Time by Robert Doyle, Edmund G. Brown, Jr, Matthew Cate, Arnold Schwarzenegger. Attorney Angus, Michelle Leigh added. (Angus, Michelle) Modified on 11/21/2008 (Kaminski, H). |
| Filing 7 MOTION to DISMISS by Solano County, David Paulson, Julie Underwood. Attorney Whitefleet, John Robert added. Motion Hearing set for 01/21/09 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Memorandum #2 Request for Judicial Notice)(Whitefleet, John) Modified on 11/21/2008 (Kaminski, H). |
| Filing 6 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Peter Navarro, Jr. (Kaminski, H) |
| Filing 5 SUMMONS RETURNED EXECUTED as to: City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman, Robert Doyle, California Board of Prision Terms, Edmund G. Brown, Jr., CA Department of Corrections, Matthew Cate, Arnold Schwarzenegger, Solano County, David Paulson, and Julie Underwood, served on 11/3/2008. (Attachments: #1 Proof of Service)(Matson, R) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/18/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Consent Forms) (Kaminski, H) |
| Filing 3 SUMMONS ISSUED as to *City of Vacaville, City of Vacaville Police Department, Rich Word, Ray Donaldson, Jefferey Datzman, Robert Doyle, California Board of Prision Terms, Department of Justice, Edmund G. Brown, Jr, The State of California, CA Department of Corrections, Matthew Cate, Arnold Schwarzenegger, Solano County, David Paulson, Julie Underwood* with answer to complaint due within *20* days. Attorney *Peter Navarro, Jr.* *4520 Courtyard Way* *Antelope, CA 95843*. (Kaminski, H) |
| Filing 2 CIVIL COVER SHEET by Peter Navarro, Jr. (Kaminski, H) |
| Filing 1 COMPLAINT against all defendants by Peter Navarro, Jr.[MAINTAINED ON PAPER](Kaminski, H) |
| SERVICE BY MAIL: #3 Summons, #4 Civil New Case Documents for JAM served on Peter Navarro Jr. (Kaminski, H) |
| RECEIPT number #CAE200011396 $350.00 fbo PETER NAVARRO by PETER NAVARRO on 10/28/2008. (Kaminski, H) |
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