Jayne v. Bosenko et al
Plaintiff: Michael Aaron Jayne
Defendant: Tom Bosenko, Don Van Buskirk, Shelia Ashman, Rene Meek, Carl Champagne, Nicklas Abernathy, Matthew Mitchell, Dale Marlar, Millis, Branden Rogers, Timothy Hasick, Joseph Baker, Jesse Penland, Steven Heyde, Steven Miller, Randy Joiner, John Zufall, Jose Gonzalez, Marty Viser, Randy Abney, Eric Anderson, Craig, Stan Johnson and Mary Barnes
Case Number: 2:2008cv02767
Filed: November 23, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Marsha S. Berzon
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 21, 2016 Opinion or Order Filing 216 ORDER DISMISSING CASE signed by District Judge Troy L. Nunley on 10/20/16 ORDERING all remaining causes of action are DISMISSED with prejudice against all remaining defendants. The Clerk of the Court is directed to close the Court file in this matter. CASE CLOSED (Washington, S)
August 15, 2016 Opinion or Order Filing 210 AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 8/12/2016 AMENDING the 202 Order and Writ of Habeas Corpus Ad Testificandum; COMMANDING the Warden to produce Michael Aaron Jayne, BOP #: 74636 -065, by video conference, to participate in the Settlement Confernence set for 9/8/2016 at 09:00 AM before Magistrate Judge Kendall J. Newman, until completion of said conference or as ordered by the court; ORDERING the custodian to notify the court of any changes in custody of this inmate and to provide any new custodian with a copy of this writ. (cc: IT Sacramento) (Michel, G.)
August 12, 2016 Opinion or Order Filing 208 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/11/16 ordering the deadline for filing the Joint Pretrial Statement is extended until 8/12/16. (Plummer, M)
July 11, 2016 Opinion or Order Filing 205 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/2016 ORDERING the parties to file a joint pretrial statement no later than 8/10/2016. The pretrial conference is set for 8/31/2016 at 10:00 a.m. before Magistrate Edmund F. Brennan in Courtr oom 8, 13th Floor. Plaintiff's trial brief, motions in limine, proposed jury voire dire, and proposed jury instructions shall be filed no later than 9/19/2016. Defendants' trial brief, motions in limine, proposed jury voire dire, and proposed jury instructions shall be filed no later than 9/26/2016. Jury trial is scheduled to begin 10/24/2016 at 9:00 a.m. in Courtroom 2, 15th Floor before US District Judge Troy L. Nunley.(Yin, K)
June 9, 2016 Opinion or Order Filing 204 ORDER signed by District Judge Troy L. Nunley on 6/9/2016 ORDERING that the 199 findings and recommendations are ADOPTED in full. Plaintiff's 191 motion for reconsideration is GRANTED and Defendants VanBuskirk and Bosenko are REINSTATED. Plaintiff's 191 motion to modify the scheduling order is DENIED. (Zignago, K.)
May 17, 2016 Opinion or Order Filing 202 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING the Custodian to produce Michael Aaron Jayne via video conferencing at 9:00 am on 9/20/16 in Courtroom 25 before Judge Kendall J. Newman. 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: IT Dept)(Dillon, M)
April 26, 2016 Opinion or Order Filing 199 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/26/16 RECOMMENDING that plaintiffs motion for reconsideration (ECF No. 191 ) be granted and that defendants VanBuskirk and Bosenko be reinstated; and Plaintiffs motion to modify the scheduling order (ECF No. 191 ) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
October 5, 2015 Opinion or Order Filing 184 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/2015 EXTENDING the deadline to 11/16/2015 for completion of expert witness depositions and for written discovery regarding the disciplinary diet claim. The 10/28/2015 Status Conference is RESCHEDULED to 11/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Yin, K)
April 15, 2015 Opinion or Order Filing 180 ORDER AFTER HEARING granting 171 Motion to allow late designation of expert witness; denying without prejudice to renewal 172 Motion for Leave to Allow Late Filing of Dispositive Motion. Scheduling Order modified (see order for details). Status Conference SET for 10/28/15 @ 10:00 a.m. in Courtroom No. 8. Signed by Magistrate Judge Edmund F. Brennan on 4/15/15. (Hinkle, T)
February 26, 2015 Opinion or Order Filing 169 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 EXTENDING the pretrial statement deadline; plaintiff's pretrial statement is due on or before 3/16/2015, defendants pretrial statement shall be filed no later than 30 days after the filing of plaintiff's statement. (Yin, K) Modified on 2/26/2015 (Yin, K).
January 14, 2015 Opinion or Order Filing 167 ORDER APPOINTING COUNSEL signed by Magistrate Judge Edmund F. Brennan on 1/14/2015 DIRECTING the Clerk to STRIKE attorney Kevin Little's 165 proposed substitution of attorney, and his request to file documents under seal is DENIED; plaintiff 's 166 motion for appointment of counsel is GRANTED; Carter C. White is appointed for plaintiff; the Clerk shall serve a copy of this order upon Carter C. White; within 30 days, plaintiff shall file his pretrial statement and any motions nec essary to obtain the attendance of trial witnesses, the currently-pending 157 motion for subpoenas and witness list for trial filed by plaintiff is DENIED without prejudice to its renewal concurrently with the pretrial statement; plaintiff's 146 motion for an order compelling defendants to re-serve discovery is DENIED as moot; and defendants shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. (Yin, K)
October 17, 2014 Opinion or Order Filing 164 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2014 DENYING 162 Motion for Reconsideration. (Donati, J)
August 22, 2014 Opinion or Order Filing 158 ORDER denying 155 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 08/21/14. (Plummer, M)
August 19, 2014 Opinion or Order Filing 153 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/19/14 ORDERING that within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants shall file a pretrial statement not later than 30 days after the filing of plaintiffs statement. The date for jury trial before a district judge will be set in the pretrial order. (Dillon, M)
July 31, 2014 Opinion or Order Filing 149 ORDER signed by Circuit Judge Marsha S. Berzon on 7/30/14 06/20/2014 ORDERING that the Warden produce Jayne to participate in the conference by telephone if video conferencing equipment is unavailable. The Court further directs that Jayne's Motion for reproduction of documents obtained through Discovery be discussed among the parties at the conference. (cc: CMK, VDRP, IT & USP Coleman II) (Becknal, R)
July 11, 2014 Opinion or Order Filing 145 ORDER denying 141 Motion to Appoint Counsel signed by Circuit Judge Marsha S. Berzon on 7/10/14. (Kaminski, H)
July 1, 2014 Opinion or Order Filing 143 ORDER & WRIT of HABEAS CORPUS AD TESTIFICANDUM issued and signed by Circuit Judge Marsha S. Berzon on 6/20/2014 ORDERING the Custodian to produce Michael Aaron Jayne (Inmate # 74636-065) via video conferencing at 10:00 AM on 8/14/2014 in Redding befo re Magistrate Judge Craig M. Kellison. Custodian is ordered to notify 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: IT Dept and Warden at USP Coleman II) (Marciel, M)
June 20, 2014 Opinion or Order Filing 140 ORDER signed by Circuit Judge Marsha S. Berzon on 6/20/14 ORDERING the Court has determined that this case would benefit from a settlement conference with a Magistrate Judge. Accordingly, the Court REFERS this case to Sujean Park, the Alternative Dispute Resolution Coordinator of the District Court for the Eastern District of California, for the scheduling of a settlement conference.The Clerk of the Court is directed to serve a copy of this order on SujeanPark. (cc ADR) (Becknal, R)
June 19, 2014 Opinion or Order Filing 139 ORDER signed by Circuit Judge Marsha S. Berzon on 6/19/14 DENYING as moot 66 Motion for Preliminary Injunction 70 Motion for TRO 83 Motion for Preliminary Injunction 127 Motion to Lift Stay; DENYING 69 Motion to Compel; GRANTING 120 Motion for Reconsideration. (Manzer, C)
April 4, 2011 Opinion or Order Filing 112 ORDER signed by Circuit Judge Marsha S. Berzon on 04/01/11 ORDERING that plf's 58 MOTION to COMPEL is GRANTED in part and DENIED in part. (Benson, A.)
November 29, 2010 Opinion or Order Filing 82 ORDER signed by Circuit Judge Marsha S. Berzon on 11/24/10 ORDERING that Plaintiff's First MOTION for Temporary Injunctive Relief 27 is DENIED. Plaintiff's second MOTION for Temporary Injunctive Relief 29 is DENIED. Plaintiff's thi rd MOTION for Temporary Injunctive Relief 34 is DENIED. Plaintiff's fourth MOTION for Temporary Injunctive Relief 59 is DENIED in part. Defendants shall respond to Jayne's fourth Motion for Temporary Injunctive Relief 59 , insofar as it relates to his allegations regarding "soft shoes", no later than twenty-one (21) days from the date of this order. (Mena-Sanchez, L)
July 9, 2010 Opinion or Order Filing 41 ORDER signed by Circuit Judge Marsha S. Berzon on 7/8/2010 DENYING plaintiff's 35 Motion for Default Judgment. As directed in Court's 4/4/2010 28 Order, defendants shall file a Joint Response to plaintiff's 27 Motion for Temporary Injunction no later than 7/26/2010. Defendants shall also respond to same plaintiff's Motions for 29 Temporary Restraining Order and 34 Immediate Injunction. (Marciel, M)
November 23, 2009 Opinion or Order Filing 20 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of MICHAEL AARON JAYNE signed by Circuit Judge Marsha S. Berzon on 11/20/09. The Director of the CDC shall collect payments from Plaintiff's prison trust account and shall forward thos e payments to the Clerk, until a total of $350.00 has been collected and forwarded to the Clerk. The Clerk shall serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director f the CDC, via the courts electronic case filing system (CM/ECF). The Clerk is directed to serve a copy of this order on the financial department of the court.(Mena-Sanchez, L)
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Plaintiff: Michael Aaron Jayne
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Defendant: Tom Bosenko
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Defendant: Don Van Buskirk
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Defendant: Shelia Ashman
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Defendant: Rene Meek
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Defendant: Carl Champagne
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Defendant: Nicklas Abernathy
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Defendant: Matthew Mitchell
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Defendant: Dale Marlar
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Defendant: Millis
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Defendant: Branden Rogers
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Defendant: Timothy Hasick
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Defendant: Joseph Baker
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Defendant: Jesse Penland
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Defendant: Steven Heyde
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Defendant: Steven Miller
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Defendant: Randy Joiner
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Defendant: John Zufall
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Defendant: Jose Gonzalez
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Defendant: Marty Viser
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Defendant: Randy Abney
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Defendant: Eric Anderson
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Defendant: Craig
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Defendant: Stan Johnson
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Defendant: Mary Barnes
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