Avery v. Nangalama et al
Plaintiff: Kyle Avery
Defendant: Nangalama, Menon and K. Adams
Case Number: 2:2008cv02873
Filed: November 26, 2008
Court: U.S. District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
July 29, 2013 Opinion or Order Filing 91 ORDER signed by Circuit Judge Marsha S. Berzon on 7/26/2013 DISMISSING CASE, with prejudice, pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(ii); ORDERING each party to bear its own fees and costs. CASE CLOSED. (Michel, G)
May 29, 2012 Opinion or Order Filing 83 ORDER signed by Circuit Judge Marsha S. Berzon on 5/25/12 ORDERING 79 Motion for leave to file the mandamus petition is DENIED as unnecessary; plaintiff's motion for a stay of proceedings while his mandamus petition remains pending is DENIED; and plaintiff's motion for recusal is DENIED without prejudice. (Matson, R)
May 18, 2012 Opinion or Order Filing 81 ORDER signed by Circuit Judge Marsha S. Berzon on 5/17/2012 GRANTING Defendants request to fil certain documents in plaintiff's medical file maintained at CSP-Sacramento, which defendants are filing in support of their motion for summary judgment. 65 (Reader, L)
April 4, 2012 Opinion or Order Filing 70 ORDER signed by Circuit Judge Marsha S. Berzon on 4/3/12 ORDERING the Plaintiff's motion for a temporary restraining order with preliminary injunctive relief against mail room staff working at California State Prison Sacramento 52 is hereby DENIED, as no mail room staff members are defendants in this case. (Becknal, R)
April 3, 2012 Opinion or Order Filing 69 ORDER signed by Circuit Judge Marsha S. Berzon on 04/02/12 ORDERING that plaintiff's 67 Motion for Extension of Time is GRANTED; plaintiff must reply to defendants' opposition to plaintiff's 63 Motion for Summary Judgment by 07/03/ 12. The Court will not grant any more requests for extension of time with regard to these opposition and reply briefs. Plaintiff's 48 , 59 , 67 Motion for Appointment of Counsel is DENIED without prejudice to renew after his responsive documents are filed or after 07/03/12, whichever comes first. Plaintiff's 67 Motion for a Stay is DENIED as moot. (Benson, A.)
February 29, 2012 Opinion or Order Filing 62 ORDER signed by Circuit Judge Marsha S. Berzon on 2/28/12 ORDERING that Plaintiff's claim against Defendant Goldfield is DISMISSED without prejudice; Plaintiff's Motion for Default judgment against Defendant Goldfield 56 is DENIED as MOOT. (Mena-Sanchez, L)
December 30, 2011 Opinion or Order Filing 55 ORDER signed by Circuit Judge Marsha S. Berzon on 12/28/2011 ORDERING that Plaintiff's Motion to Order the U.S. Marshals to Utilize All Necessary Resources to Locate Defendant Goldfied # 44 is DENIED. Plaintiff's Motion to Stay Proceeding s # 50 is DENIED as MOOT. Plaintiff is instructed to show good cause as to why his claim against Defendant Goldfield should not be dismissed. If he does not do so within 30 days, his claim against Defendant Goldfield will be dismissed without prejudice. (Reader, L)
December 22, 2011 Opinion or Order Filing 53 ORDER signed by Circuit Judge Marsha S. Berzon on 12/21/11 ORDERING the Clerk to issue two blank subpoenas to Plaintiff and to send them to him, together with: a copy of this order, the correct number of USM-285 forms to obtain service of the subpoen as, and an instruction sheet for filling out the USM-285 forms. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit it to the Court together with the completed subpoe na forms and one completed USM-285 for every person to be served. Upon receipt, the Clerk of the Court is directed to cause the U.S. Marshals Service to serve the subpoenas by certified mail. Plaintiff is instructed that further subpoena requests sho uld be directed to the Clerk of the Court until discovery concludes on February 15, 2012; Accordingly, IT IS HEREBY ORDERED that Avery's Motion to Issue Subpoena 39 and Motion for Subpoenas From a Non-Party 42 are DENIED as moot. (Becknal, R)
November 22, 2011 Opinion or Order Filing 49 ORDER signed by Circuit Judge Marsha S. Berzon on 11/21/11 ORDERING that Avery's Motion for Default Judgment 38 is DENIED. (Mena-Sanchez, L)
June 6, 2011 Opinion or Order Filing 27 ORDER signed by Circuit Judge Marsha S. Berzon on 6/3/11 DENYING AS MOOT 24 Motion for Default Judgment, 22 Motion for Entry, and 21 Motion to Compel. (Meuleman, A)
April 22, 2011 Opinion or Order Filing 23 ORDER signed by Circuit Judge Marsha S. Berzon on 4/21/11 ORDERING that Defendants Goldfield and Penner shall answer Count 1 of the Amended Complaint. Defendants Adams, Menon, and Nangalama shall answer Count 2 of the Amended Complaint. The Clerk sha ll send Plaintiff a Prisoner Complaint form along with this order. The Clerk shall send Plaintiff a service packet including the First Amended Complaint 12 , this order, a copy of the prior screening order 9 , a Notice of Submission of Documents f orm, an instruction sheet, and copies of summons and USM-285 forms for Defendants Nangalama, Menon, Adams, Goldfield and Penner. Within 30 days of the date of filing of this order, Plaintiff must complete and return to the Clerk of the Court the Notice of Submission of Documents. (Mena-Sanchez, L)
July 12, 2010 Opinion or Order Filing 14 ORDER signed by Circuit Judge Marsha S. Berzon on 7/9/10 DISMISSING CASE without prejudice for failure to prosecute and failure to comply with the Court's 6/7/10 13 Order. CASE CLOSED. (Owen, K)
April 12, 2010 Opinion or Order Filing 9 ORDER signed by Circuit Judge Marsha S. Berzon on 4/9/2010 ORDERING that Pltf's 2 Motion to Proceed IFP is GRANTED. Pltf to pay $350 filing fee. Dfts Adams, Menon, and Nangalama shall answer Count 2 of the complaint. Counts 1,3,4, and 5 are DISMISSED without prejudice. The Clerk to send Pltf a service packet. Within 30 days Pltf must complete the Notice of Submission of Documents and submit service docs to the Court. (Engbretson, K.)
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Plaintiff: Kyle Avery
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Defendant: Nangalama
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Defendant: Menon
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Defendant: K. Adams
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