Alexander v. California Department of Corrections et al
James Alexander |
California Department of Corrections, Arnold Schwarzenegger, T. Felker, T. Perez, M. McDonald, L Cole, R. L. Gower, P Cochran, D. Gunter, P Sloan, T. Murray, D Davey, P. Statti, G Hale, S L Chapman, M. Dangler, T. Robertson, J Kelly, M. Keating, Weidemeirer, Barron, B Beaman and S Armoshus |
2:2008cv02773 |
November 19, 2008 |
US District Court for the Eastern District of California |
Prisoner: Civil Rights Office |
Lassen |
John F. Moulds |
None |
Federal Question |
42:1983 Prisoner Civil Rights |
Available Case Documents
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Filing 115 ORDER signed by Judge Morrison C. England, Jr. on 8/21/2012 ADOPTING 113 Findings and Recommendations in full; DENYING 112 Motion for Extension of Time to file a second Notice of Appeal; DEEMING Plaintiff's Notice of Appeal, submitted to prison authorities for mailing on 4/22/2012, timely filed; DIRECTING the Clerk of Court to separately file the Plaintiff's Notice of Appeal, noting on the docket that the Notice of Appeal has been deemed timely filed. (Michel, G) |
Filing 113 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/27/2012 RECOMMENDING that plaintiff's 112 motion for extension of time to file a second notice of appeal be denied without prejudice; plaintiff's notice of app eal submitted to prison authorities for mailing on 4/22/2012, be deemed timely filed; and the clerk be directed to separately file plaintiff's notice of appeal (currently set forth in Dkt. No. 112 at 9-11), with a notation on the docket that the notice of appeal has been deemed timely filed. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days.(Yin, K) |
Filing 105 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/08/12 ORDERING plaintiff's supplemental opposition 102 is stricken as an impermissible surreply; and paragraphs 5 through 7, of plaintiff's "De claration" 97 at 45-46 are stricken as impermissible hearsay. Also, RECOMMENDING that defendants' motion for summary judgment 95 should be granted; and judgment should be entered for defendants. MOTION for SUMMARY JUDGMENT 95 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M) |
Filing 104 ORDER and FINDINGS and RECOMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/08/2012 ORDERING Plaintiff's 102 Reply to Response to Motion is STRICKEN as an impermissible surreply; Plaintiff's 97 Opposition to Motion at parag raphs 5 through 7 are STRICKEN as impermissible hearsay; RECOMMENDING 95 MOTION for SUMMARY JUDGMENT be granted and judgment be entered in favor of defendant; Matter referred to Judge Morrison C. England, Jr.; Any party may file Objections to F&R within 14 days of being served. (Waggoner, D) |
Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/11 granting 90 Motion to extend the deadline for filing a dispositive motion. Defendants shall file their motion for summary judgment on or before 04/15/11. (Plummer, M) |
Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/11 Plaintiffs motion 77 for recusal of the undersigned is DENIED. Plaintiffs motion 82 to modify or vacate the protective order portion of this courts order filed December 9, 2010, is DEN IED. Plaintiffs motion 81 to compel further discovery responses from defendants is denied. Plaintiffs motion 85 to compel compliance with his subpoenas duces tecum served on non-parties The Kinsey Institute and Dr. Terry Kupers is denied. Plainti ffs motions 79 , 84 for issuance of subpoenas duces tecum are GRANTED; the Clerk of Court is directed to mail to plaintiff, with this order, ten signed, but otherwise blank, subpoenas duces tecum; plaintiff is cautioned, however, that the court wi ll view with disfavor any motion made by plaintiff to compel compliance with a newly served subpoena. Plaintiffs motion 83 to stay this action is DENIED. The parties are reminded that discovery has now closed in this action, and that the deadline for filing dispositive motions is March 31, 2011.(Dillon, M) |
Filing 88 ORDER signed by Judge Morrison C. England, Jr. on 3/9/2011 ORDERING that Pltf's 76 Motion for Reconsideration and for Leave to File a Third Amended Complaint is DENIED. Upon reconsideration, this court's order filed 3/11/2010 is AFFIRMED. (Zignago, K.) |
Filing 72 ORDER signed by Magistrate Judge Kendall J. Newman on 12/8/10 GRANTING 57 Motion for Protective Order; dfts are relieved of the obligation to respond to pltf's First Set of Interrogatories, and dfts Dovey and Woodford are relieved of the oblig ation to respond to Request Nos. 4 and 6 of pltf's First Set of Requests for Admission; dfts need not respond to any other discovery request propounded by pltf that seeks information about any dft's personal conduct or opinions; DENYING 64 Motion for Issuance and Service of Two Subpoena Duces Tecum; DENYING 69 Motion to Compel Discovery; the Clerk is directed to send pltf two subpoena duces tecum forms. (Manzer, C) |
Filing 54 ORDER signed by Magistrate Judge Kendall J. Newman on 10/8/10 DENYING pltf's 52 motion for an order pursuant to F. R. of Civ. P. 54(b) designating as final this court's 3/11/10 order. (Yin, K) |
Filing 47 ORDER signed by Magistrate Judge Kendall J. Newman on 06/01/10 ordering pursuant to plaintiff's requests filed 05/24/10 45 , 46 , the Clerk of the Court is hereby directed to send plaintiff 1 copy of the following: (1) plaintiff's second amended complaint filed 02/12/09 13 ; and (2) the order of this court filed 03/11/10 34 . (Plummer, M) |
Filing 30 ORDER signed by Magistrate Judge Kendall J. Newman on 02/12/10 DIRECTING USM to serve * amended complaint * filed on * 02/12/09,* on * Weidemeirer, Barron, J. Dovey, Jeanne Woodford*. (cc: USM) (Plummer, M) |
Filing 28 ORDER signed by Magistrate Judge John F. Moulds on 01/06/10 ordering plaintiff's 12/28/09 request to disqualify the magistrate judge for cause 24 is denied. Plaintiff's 12/28/09 motion to renew the stay 26 is denied. The stay of this action is lifted. (Plummer, M) |
Filing 21 ORDER signed by Magistrate Judge John F. Moulds on 11/23/09 granting 18 Motion to Stay. This action is stayed until the Court of Appeals for the Ninth Circuit addresses plaintiff's interlocutory appeal. Within 15 days from the date of any order from the circuit, plaintiff shall file a request to lift the stay. (Plummer, M) |
Filing 16 ORDER signed by Magistrate Judge John F. Moulds on 10/13/09 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Weidemeirer, Barron, J. Dovey, Jeanne Woodford. Clerk to send plaintiff: 1 Summons, 4 USM-285 Forms, and 1 copy of the Amended Complaint filed on 2/12/09. Within 30 days, plaintiff shall complete the Notice of Submission of Documents and submit the appropriate documents to the court.(Dillon, M) |
Filing 9 ORDER re 8 Application filed by James Alexander signed by Magistrate Judge John F. Moulds on 1/14/09 ORDERING that Plaintiff's 8 request for leave to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing f ee of $350 for this action. Plaintiff is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. 1915(b) (1). All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiff's amended complaint is DISMISSED. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit the documents to the court.(Duong, D) |
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