Hollis v. High Desert State Prison

Plaintiff: Marvin Glenn Hollis
Defendant: High Desert State Prison
Case Number: 2:2008cv02810
Filed: November 20, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Lassen
Presiding Judge: Kimberly J. Mueller
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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

Date Filed Document Text
March 19, 2012 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/12 ordering that dispositional documents shall be filed no later than 60 days from the date of this order. (Plummer, M)
February 14, 2012 Opinion or Order Filing 133 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 2/13/12 ORDERING the Custodian to produce Marvin Glenn at 1:00 p.m. on 3/15/12 in Courtroom 2 before Judge Craig M. Kellison. 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)(Matson, R)
February 13, 2012 Opinion or Order Filing 132 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2012 ORDERING Settlement Conference SET for 3/15/2012 at 01:00 PM in Redding (CMK) before Magistrate Judge Craig M. Kellison. Defendants' lead counsel and a person with full unlimited au thority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person; failure of any counsel, party or authorized person subject to this order to appear in person may result in imposition of sanctions. (Waggoner, D)
December 22, 2011 Opinion or Order Filing 130 ORDER signed by Judge Garland E. Burrell, Jr on 12/21/11 ORDERING that the findings and recommendations filed October 17, 2011, are adopted in full; and the July 8, 2011 motion for summary judgment filed by defendants Prater, Shaver and Koenig 119 is granted. (Becknal, R)
October 17, 2011 Opinion or Order Filing 128 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/14/11 ORDERING that 121 Request for Judicial Notice is granted; and IT IS RECOMMENDED that the 119 Motion for Summary Judgment filed by Prater, Shaver, and Koenig be granted. Motion referred to Judge Burrell, Jr. Objections to F&R due w/in 14 days. (Matson, R)
September 6, 2011 Opinion or Order Filing 126 ORDER signed by Judge Garland E. Burrell, Jr. on 9/5/2011 FINDINGS AND RECOMMENDATIONS 118 are ADOPTED in FULL; and pltf's 107 Motion for Summary Judgment is DENIED. (Reader, L)
July 8, 2011 Opinion or Order Filing 118 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/07/11 recommending that plaintiff's 03/04/11 motion for summary judgment 107 be denied. MOTION for SUMMARY JUDGMENT 107 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
March 25, 2011 Opinion or Order Filing 112 ORDER granting 110 Motion to take plaintiff's deposition via video conference signed by Magistrate Judge Kendall J. Newman on 03/24/11. (Plummer, M)
March 22, 2011 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2011 ORDERING that pltf's 106 motion is DENIED w/out prejudice; pltf's 107 motion for summary judgment is DENIED w/out prejudice; dfts' 109 motion for an extension of tim e is DENIED w/out prejudice; w/in 21 days, pltf to complete and return the Notice of Renewal of Motion selecting the option he wishes to pursue; if pltf opts to pursue one of these motions, dfts to file a response or opposition to the motion pltf elects to pursue w/in 21 days of the filing of the Notice of Renewal of Motion, pltf's reply, if any, due 7 days thereafter. (Yin, K)
December 13, 2010 Opinion or Order Filing 98 ORDER signed by Judge Garland E. Burrell, Jr on 12/10/10 ORDERING that the 89 Findings and Recommendations are ADOPTED in full. Deft's 60 Motion to Dismiss is granted in part and denied in part as follows: Plft has exhausted his claim re the HDSP-07-03973 grievance; Pltf has exhausted his claim re the HDSP-C-08-1853 grievance; Defts' motion to dismiss the remaining claims is granted; Deft's Speers, Wrigley, Flaherty, Pena, Medina, Zollo, Clark, Cheney, Nason, Waterman, Swingle , Acquavia, and Dezember are dismissed from this action. Defts' 3/17/10 Motion to Dismiss deft Audette is denied. Defts Koller, Plainer, Ingrewson, Audette, Prater, Shaver, and Koenig shall file a responsive pleading within 21 days from the filing date of this order. (Owen, K)
November 5, 2010 Opinion or Order Filing 96 ORDER denying 92 Motion to Proceed IFP signed by Magistrate Judge Kendall J. Newman on 11/04/10. (Plummer, M)
October 20, 2010 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/10 denying 85 Motion to declare plaintiff a vexatious litigant. (Dillon, M)
October 19, 2010 Opinion or Order Filing 89 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/18/10 ORDERING that 84 motion to strike is GRANTED; plaintiff's 83 filing is striken; Clerk to assign a District Judge to this case; It is RECOMMENDED that 60 MOTION to DISMISS be granted in part and denied in part; and Defendants Koller, Plainer, Ingrewson, Audette, Prater, Shaver, and Koenig shall file a responsive pleading within twenty-one days from any district court order adopting the instant findings and recommendations. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
June 2, 2010 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Kendall J. Newman on 06/01/10 ordering that within 7 days from the date of this order, defendants shall file a response to plaintiff's 05/24/10 motion 69 . (Plummer, M)
December 16, 2009 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/16/09 ORDERING that the 49 motion for preliminary injunction or TRO is DENIED. (Yin, K)
November 23, 2009 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/20/09 DENYING without prejudice 35 , 36 and 41 Motions for Reconsideration and DENYING without prejudice 42 Motion for appointment of counsel. Plaintiff may move the court to file a second amended complaint after the U.S. Marshal has filed proof of service (or failure thereof) on the twenty defendants named in the first amended complaint. (Donati, J)
November 16, 2009 Opinion or Order Filing 45 ORDER DIRECTING USM to serve * Amended Complaint * filed on * 1/9/2009,* on * Koller, - Plainer, Ingwerson, Adette, - Waterman, - Spears, Wrigley, Flaurity, - Prater, Shaver, Koenig, Pena, Medina, Zollo, Clark, Cheaney, Mason, Swingle, Acquaviva, Dezember*, Service Deadline set for 3/19/2010 signed by Magistrate Judge Kimberly J. Mueller on 11/16/2009. (Matson, R)
August 26, 2009 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/25/09 ORDERING the clerk to return the copy of the 1/9/09 amended cmplt to pltf; and w/in 30 days, pltf to submit the remaining 12 copies of the 1/9/09 amended cmplt required to effect service. Failure to return the copies w/in the specified time period will result in a recommendation that this action be dismissed. (Yin, K)
August 21, 2009 Opinion or Order Filing 39 ORDER granting motion for an extension of time 38 , signed by Magistrate Judge Kimberly J. Mueller on 8/21/09. Pltf has thirty days from the entry of this order in which to file copies of the complaint. The motion for access to the prison library 38 is denied without prejudice. The motion for appointment of counsel 38 is denied without prejudice. The motion for return of legal property 38 is denied without prejudice. (Kastilahn, A)
July 14, 2009 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/13/09 ORDERING that the motions for preliminary injunction or for a temporary restraining order 21 and 30 are DENIED.(Dillon, M) Modified on 7/15/2009 (Dillon, M).
July 13, 2009 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/13/09 DENYING 23 Motion to Appoint Counsel. (Dillon, M)
April 21, 2009 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/20/09 GRANTING 13 application to proceed IFP; plaintiff is obligated to pay the statutory filing fee of $350.00 to be paid in accordance with the concurrent order; service is appropriat e for defendants Koller, Plainer, Ingwerson, Adette, Waterman, Spears, Wrigley, Flaurity, Prater, Shaver, Koenig, Pena, Medina, Zollo, Clark, Cheaney, Mason, Swingle, Acquaviva and Dezember; clerk shall send plaintiff 20 USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 1/9/09; submission of documents due within 30 days. (Gaydosh, J)
January 14, 2009 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/14/09 ORDERING that Plaintiff's 9 January 5, 2009 request for an extension of time is GRANTED. Plaintiff is granted thirty days from the date of this order in which to file his application to proceed in forma pauperis. (Duong, D)

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Plaintiff: Marvin Glenn Hollis
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