Dicey v. Harrison, W. R., et al.
Plaintiff: Berlan Lynell Dicey
Defendant: W R Harrison and A. Pfadt
Case Number: 2:2008cv02608
Filed: November 3, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Lassen
Presiding Judge: John F. Moulds
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
September 7, 2012 Opinion or Order Filing 109 STIPULATION and ORDER signed by Judge John A. Mendez on 9/7/12: This action is dismissed with prejudice, each side to bear his own costs and attorneys fees.(Kaminski, H)
June 27, 2012 Opinion or Order Filing 97 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 06/26/12 ORDERING the custodian to produce Thaddeus Dawson at 08/06/12 at 9:00 a.m. in courtroom 6 before the Honorable John A. Mendez. 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)(Plummer, M)
February 13, 2012 Opinion or Order Filing 82 ORDER adopting 79 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 2/10/12: 63 Motion for Summary Judgment is granted in part and denied in part. This action shall proceed to trial on plaintiff' s Eighth Amendment excessive force claim against defendant Harrison. This matter is referred back to Judge John F. Moulds for further pretrial proceedings. (Kaminski, H)
December 9, 2011 Opinion or Order Filing 79 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/8/2011 RECOMMENDING that defendants' 63 motion for summary judgment be denied as to plaintiff's Eighth Amendment excessive force claim against defendant Harrison and granted as to plaintiff's Eighth Amendment claim of deliberate indifference against defendants Pfadt and Harrison; this action proceed to trial on plaintiff's Eighth Amendment excessive force claim against defendant Harrison; and this matter be referred back to the undersigned for further pretrial proceedings. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
October 5, 2011 Opinion or Order Filing 77 ORDER signed by Magistrate Judge John F. Moulds on 10/04/11 ordering that defendant Harrison shall forthwith produce to plaintiff the document submitted to this court on 09/26/11 for in camera review. The document shall not be used for any purpose other than proceedings in this action. (Plummer, M)
September 14, 2011 Opinion or Order Filing 75 ORDER signed by Magistrate Judge John F. Moulds on 9/14/11 regarding 58 Motion to Compel and DENIES motion as to request numbers 1, 2, 4, 7, 8, 9, 10, 11 and 12; and 2. Within 10 days from the date of this order defendant shall submit to the chambers of the undersigned for in camera review any documents responsive to requests 3, 5 and 6 related to the March 29, 2007 incident that is the subject of this action. (Meuleman, A)
June 21, 2011 Opinion or Order Filing 72 ORDER signed by Magistrate Judge John F. Moulds on 6/20/11 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. (Dillon, M)
March 3, 2011 Opinion or Order Filing 61 ORDER signed by Judge John A. Mendez on 3/3/2011 ORDERING 57 that, upon reconsideration, 56 the order of the magistrate judge filed 1/4/2011, is AFFIRMED. (Reader, L)
June 18, 2010 Opinion or Order Filing 43 ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 06/17/10 and ORDERING that dfts' 18 Motion to Dismiss is DENIED. Defendants shall answer the amended complaint w/i 10 days. (Benson, A.)
May 19, 2010 Opinion or Order Filing 42 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 5/18/10 recommending that 18 Motion to Dismiss be denied; and Defendants be directed to answer the amended complaint within ten days fromthe date of any order by the district court adopting these findings and recommendations. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
March 5, 2010 Opinion or Order Filing 37 ORDER signed by Magistrate Judge John F. Moulds on 03/04/10 ordering the clerk of the court is directed to edit docket entry 30 to reflect that it is an inquiry from plaintiff whether his opposition was received. Plaintiff is granted 30 days from the date of this order to file and serve an opposition to defendants' 09/01/09 motion to dismiss. Defendants' reply, if any, shall be filed and serve not later than 7 days thereafter. (Plummer, M)
December 23, 2009 Opinion or Order Filing 33 ORDER signed by Magistrate Judge John F. Moulds on 12/22/09 ORDERING that within 14 days defendant W. R. Harrison shall pay to the United States Marshal the sum of $103.62, unless within that time defendant files a written statement showing good cause for his failure to waive service. Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (cc USM)(Dillon, M)
October 30, 2009 Opinion or Order Filing 26 ORDER signed by Magistrate Judge John F. Moulds on 10/29/09 ORDERING that plf's 25 Motion for Extension of time is GRANTED; plf's response to 18 dfts' 09/01/09 Motion to Dismiss is due w/i 30 days. (Benson, A.)
October 9, 2009 Opinion or Order Filing 24 ORDER signed by Magistrate Judge John F. Moulds on 10/8/09 re 18 ORDERING that within thirty days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. Failure to comply with this order will result in dismissal of this action. (Duong, D)
April 15, 2009 Opinion or Order Filing 13 ORDER signed by Magistrate Judge John F. Moulds on 04/14/09 ORDERING that service is appropriate for defendants Correctional Officer W. R. Harrison and Correctional Sergeant A. Pfadt. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 4/9/09. Within 30 days, plaintiff shall complete the Notice of Submission of Documents and submit the appropriate documents to the court.(Dillon, M)
January 15, 2009 Opinion or Order Filing 5 ORDER signed by Magistrate Judge John F. Moulds on 1/14/09 ORDERING that within 30 days, plaintiff shall complete the attached Notice of Submission and submit to the court a complete IFP application; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send plaintiff a new application to proceed IFP.(Dillon, M)
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Plaintiff: Berlan Lynell Dicey
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Defendant: W R Harrison
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Defendant: A. Pfadt
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