Tunstall v. Knowles, et al
| Robert Tunstall |
| Mike Knowles, V. Kahle, J. P. Gonzalez and N. Grannis |
| 2:2008cv03176 |
| December 31, 2008 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Solano |
| William B. Shubb |
| John F. Moulds |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
216
ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/15 ordering plaintiff has filed motions for injunctive relief on 11/13/15 and 11/24/15 214 , 215 . This civil rights action was closed on 3/26/15. Plaintiff is advised that documents filed by plaintiff since the closing date will be disregarded and no orders will issue in response to future filings. (Plummer, M)
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Filing
211
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/6/15 ORDERING that defendants motion to strike 210 is denied; and it is RECOMMENDED that: Defendants motion for summary judgment 198 be granted; and Plaintiffs motion for summary judgment 199 be denied. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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Filing
205
ORDER signed by Magistrate Judge Kendall J. Newman on 12/03/14 ordering the 12/02/14 request of plaintiff's appointed counsel for an extension of time to comply with the deadlines set forth in the court's 11/19/14 order, is granted. Plain tiff's required papers (See 203 at 2-3) shall be filed and served on or before Friday, 1/06/15. Defendants shall file and serve their responsive papers within the deadlines set forth in the court's 11/19/14 order as extended by this instant order. (Plummer, M)
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Filing
203
ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/14 ordering plaintiff's motion for summary judgment 199 is deemed timely filed. Within 14 days from the date of this order, plaintiff shall file either a) an opposition to defendant s' notice of renewal of motion for summary judgment 198 which includes briefing on 1) the applicability to this action of Pride v. Correa, and 2) the potential mootness of this action based on plaintiff's prison transfer, or b) a statemen t of non-opposition to the motion. Plaintiff's opposition, if any, may be no more than 15 pages in length, exclusive of any exhibits. Defendants are granted leave to file a reply to plaintiff's opposition, if any, within 7 days of its fil ing. Defendants reply may be no more than 5 pages in length, exclusive of any exhibits. Defendants motion for summary judgment will be deemed submitted once defendants' deadline for filing a reply has passed. Plaintiff is granted leave to fil e a reply to defendants' opposition to plaintiff's motion for summary judgment 201 within 14 days from the date of this order. Plaintiff's reply, if any, may be no more than 10 pages in length, exclusive of any exhibits. Plaintiff's motion for summary judgment will be deemed submitted once plaintiff's deadline for filing a reply has passed. (Plummer, M)
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Filing
197
ORDER signed by Magistrate Judge Kendall J. Newman on 03/06/14 ordering ( Dispositive Motions deadline extended to 4/17/2014). The parties shall address the application of Pride v. Correa 719 F. 3d 1130 (9th cir 2013) to this action in any dispositive motion filed under the new deadline set out above. (Plummer, M)
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Filing
194
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 2/7/2014 ORDERING the custodian to produce Robert Tunstall #B79295, to testify in USDC at 10:00 AM on 2/18/2014 in courtroom #27, before Magistrate J udge Dale A. Drozd; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: OTCD-SAC) (3 Certified copies served by mail on CMF Warden, 1 copy faxed to CMF Lit Coordinator.)(Yin, K)
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Filing
192
ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/14 DENYING 189 Motion for Status Conference. (Dillon, M)
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Filing
190
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 1/9/2014 ORDERING the custodian to produce Robert Tunstall #B79295, to testify in USDC at 10:00 a.m. on 2/20/2014 in courtroom #27, before Magistra te Judge Dale A. Drozd; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the CMF Warden. (cc: DAD)(Yin, K) (3 Certified copies served by mail on CMF Warden) Modified on 1/10/2014 (Yin, K).
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Filing
185
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 10/24/13 ordering the Custodian to produce Robert Tunstall on 12/05/13 at 10:00 a.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. 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: DAD and OTCD)(3 certified copies of this writ served on the Warden, California Medical Facility) (Plummer, M) Modified on 10/25/2013 (Plummer, M).
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Filing
181
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 09/18/13 ordering the writ of habeas corpus ad testificandum 177 issued on 08/15/13 is superceded by this order. The Custodian is to produce Robert Tunstall on 10/03/13 at 10:00 a.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. 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: IT Dept, OTCD and DAD)(3 certified copies of this writ served by mail on the Warden, California Medical Facility)Courtesy Copy sent to CMF by Fax at 707-469-6006). (Plummer, M)
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Filing
180
ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2013 ORDERING that plaintiff's 179 motion is DENIED without prejudice; until further order of the court, the Clerk shall not file any further pro se motions by plaintiff in this action and shall return any such motions to plaintiff together with a copy of this order. (Yin, K)
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Filing
178
ORDER signed by Magistrate Judge Kendall J. Newman on 8/15/13 SETTING Settlement Conference for 10/3/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties are DIRECTED to submit confidential settlement conference statements on or before 9/26/13. All parties are REQUIRED to have principals present at the settlement conference. (Meuleman, A)
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Filing
162
ORDER signed by Magistrate Judge John F. Moulds on 1/31/12 ORDERING that 139 Motion for Summary Judgment is DENIED without prejudice; On or before February 17, 2012, defendants shall renew their motion for summary judgment. Defendants may renew th eir motion by filing a notice of renewal and incorporating therein by reference the April 27, 2011 motion for summary judgment, or defendants may file new motion for summary judgment. Plaintiffs opposition to defendants renewed motion for summary ju dgment shall be filed and served not later than April 17, 2012. Defendants reply shall be filed and served not later than May 17, 2012. The court will, as appropriate, set the motion for summary judgment for oral argument on a regular law and motion calendar after defendants reply brief is filed. (Dillon, M)
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Filing
159
ORDER signed by Magistrate Judge John F. Moulds on 1/5/12 ORDERING that this matter is set for status conference on January 19, 2012 at 11:00 a.m. before the undersigned. (Dillon, M)
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Filing
158
ORDER to SHOW CAUSE signed by Magistrate Judge John F. Moulds on 12/15/11 ORDERING that within 10 days from the date of this order counsel for plaintiff shall show cause in writing why defendants April 27, 2011 motion for summary judgment should not be submitted for findings and recommendations on the present record. (Dillon, M)
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Filing
157
ORDER signed by Magistrate Judge John F. Moulds on 10/18/11 ordering plaintiff's motion 137 is denied without prejudice. Within 45 days from the date of this order, counsel shall file a joint proposed briefing schedule for defendants 04/27/11 motion for summary judgment. (Plummer, M)
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Filing
156
ORDER signed by Judge William B. Shubb on 10/12/2011 FINDINGS AND RECOMMENDATIONS 152 are ADOPTED in FULL; Plaintiff's 134 motion for a court order is DENIED; Plaintiff's 138 motion for a court order is DENIED; Plaintiff's 150 motion for injunctive relief is DENIED and Plaintiff's 151 motion for injunctive relief is DENIED.(Reader, L)
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Filing
153
ORDER signed by Magistrate Judge John F. Moulds on 9/14/11 GRANTING IN PART 140 and 141 Motion; DENYING 148 Motion for Extension. After review of plaintiffs opposition to defendants 4/5/11 motion, this courts 5/3/11 142 Order granting defendants motion is confirmed. (Meuleman, A)
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Filing
152
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 09/13/11 recommending that plaintiff's 03/01/11 motion for a court order be denied. Plaintiff's 04/08/11 motion for a court order be denied. Plaintiff's 07/01/11 motion for injunctive relief be denied. Plaintiff's 07/26/11 motion for injunctive relief be denied. Motions 134 138 150 151 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
142
ORDER signed by Magistrate Judge John F. Moulds on 5/2/11 ORDERING that 123 Motion is DENIED as moot; 127 Motion is DENIED; 136 Motion to modify the scheduling order is GRANTED; The deadline for filing dispositive motions in this action is extended to 4/29/11; Defendants 4/27/11 motion for summary judgment is deemed timely filed.(Dillon, M)
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Filing
128
ORDER signed by Magistrate Judge John F. Moulds on 02/09/11 ordering the documents filed by plaintiff on 10/28/10 107 , 12/23/11 113 , 01/04/11 117 , 01/05/11 120 , and 02/01/11 126 shall be placed in the court file and disregarded. Plaintiff& #039;s 11/01/10 and 01/05/11 motions for extension of time 108 , 119 are granted in part. The documents filed by plaintiff on 12/30/11 114 , 01/12/11 121 and 01/27/11 124 are construed as requests for production of documents and, so construe d, defendants shall serve responses to those requests on plaintiff within 45 days from the date of this order. Except as expressly required by this order, discovery is closed. Plaintiff's 01/04/11 motion for extension of time 116 is construe d as a request for a copy of the scheduling order filed in this action and, so construed, is granted. The clerk of the court is directed to send plaintiff a copy of the discovery and scheduling order filed in this action on 09/23/10. Plaintiff' ;s 01/13/11 motion to compel 122 is denied. Defendants' 02/01/11 request for sanctions is denied. Within 10 days from the date of this order defendants shall file and serve a response to plaintiff's request for a court order concerning review of his deposition transcript 123 . (Plummer, M)
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Filing
109
ORDER signed by Magistrate Judge John F. Moulds on 11/15/2010 VACATING Court's 100 FINDINGS and RECOMMENDATIONS and WITHDRAWING plaintiff's 92 Motion for Injunctive Relief. (Marciel, M)
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Filing
105
ORDER denying 103 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 10/21/10. (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge John F. Moulds on 10/1/2010 ORDERING that pltf's 9/23/10 response to dfts' answer is DISREGARDED. (Yin, K)
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Filing
96
ORDER ADOPTING 90 FINDINGS AND RECOMMENDATIONS in full signed by Judge William B. Shubb on 09/03/10 and ORDERING that plf's 51 , 52 , 54 , 56 , 62 , 66 , 69 , 70 , 71 , 75 , 76 , 79 , 80 , 81 , 84 , 85 , 86 and 89 Motions for Injunctive Relief are DENIED. (Benson, A.)
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Filing
91
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/5/2010 RECOMMENDING that dfts' 55 motion to dismiss be granted in part and denied in part; pltf's request for prospective injunctive relief on claims under the AD A and the RA be dismissed w/out prejudice; dfts be directed to file an answer to pltf's claims under the ADA, the RA, and the equal protections clause w/in 10 days of adopting these F&R. Referred to Judge William B. Shubb; Objections to F&R due w/in 14 days. (Yin, K)
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Filing
88
ORDER signed by Magistrate Judge John F. Moulds on 8/2/2010 DENYING pltf's 73 , 81 , 83 motions for the appointment of counsel and pltf's 72 motion for appoinment of an expert. (Yin, K)
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Filing
53
ORDER signed by Magistrate Judge John F. Moulds on 01/05/10 ordering within 21 days from the date of this order defendants shall file and serve responses to plaintiff's 12/17/09 and 12/28/09 motions. Plaintiff's reply briefs, if any, shall be filed and served not later than 10 days thereafter. The clerk of the court is directed to send a copy of plaintiff's 12/17/09 and 12/28/09 motions 51 , 52 together with a copy of this order and the statement filed by defendants on 12/10/09 50 to Alison Hardy, Esq., Prison Law Office, General Delivery, San Quentin, CA 94964-0001. (Plummer, M)
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Filing
48
ORDER signed by Magistrate Judge John F. Moulds on 12/1/09 ORDERING that Defendants 25 motion to dismiss is DENIED without prejudice; Plaintiffs 39 and 42 motions for appointment of counsel are DENIED without prejudice; Plaintiffs 47 motion t o amend is DENIED without prejudice; Plaintiffs 40 motion is DENIED; Plaintiffs 43 motion is DENIED; Plaintiffs 35 , 39 , 41 , and 45 motions for extension of time are GRANTED in part; Clerk of the Court is directed to send a copy of this or der to Sara Norman, Esq. and Allison Hardy, Esq.; Clerk of the Court is directed to send a copy of this order to Amy Whelan, Esq.; Clerk of the Court is directed to take all steps necessary to make the electronic record in this action available to th e counsel identified in paragraphs 7 and 8 of this order; Within 10 days, Sara Norman, Esq. and Amy Whelan, Esq. shall advise the court whether plaintiff is a member of the Armstrong class, the Coleman class, or both; and within 10 days, counsel for defendants shall advise the court in writing of the date scheduled for plaintiffs medical testing at the University of San Francisco. (Dillon, M)
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Filing
22
ORDER signed by Magistrate Judge John F. Moulds on 4/15/09 DENYING 21 Motion to Appoint Counsel. (Gaydosh, J)
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Filing
9
ORDER signed by Magistrate Judge John F. Moulds on 1/21/09 ORDERING that pltf's 2 request for leave to proceed ifp is GRANTED; pltf to pay the $350 filing fee to be collected and fwd to the clerk in accordance w/ the CDC order; service is appropriate for dfts Knowles, Kahle, Gonzalez and Grannis; clerk to send pltf forms for service to be completed and returned w/in 30 days. (Yin, K)
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