Woodham v. Subia et al
| Gene Woodham |
| R. Subia, Dator, Stormes, S Wholer, Cook R, J Soltanian-Zadeh, B Williams, L Jackson, D O'Laughlin, L. Olivas, J Brazil, D. Long, Ochoa and Burnhaugh |
| 2:2009cv00082 |
| January 12, 2009 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Monterey |
| Gregory G. Hollows |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
44
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/10 granting 43 Motion to Dismiss pursuant to FRCP 41(a). CASE CLOSED. (Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/23/2010 ORDERING that the remaining defendants must file an answer within twenty-eight days of the filed date of this order. The deadlines set forth in the 41 Further Scheduling Order, filed on September 22, 2010, for the filing of pretrial statements, for the pretrial conference and for trial are hereby VACATED. Once an answer is filed, a scheduling order setting forth the discovery and pretrial motion deadlines will be issued. (Duong, D)
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Filing
40
ORDER signed by Judge William B. Shubb on 9/10/2010 ORDERING that the 39 findings and recommendations filed July 29, 2010, are adopted in full. Defendants' 23 motion to dismiss, filed on January 19, 2010 is granted in part and denied in par t: Granted as to defendant Soltanian-Zadeh on plaintiff's claims regarding his stent and kidney-related claims and these claims are dismissed as administratively unexhausted; Denied as to plaintiff'sclaims of inadequate medical care against defendant Soltanian-Zadeh regarding plaintiff's left ankle condition; Granted as to defendants Cook and Wohlers and the claims against these defendants are dismissed as not exhausted administratively; Denied as to plaintiff's claims of deliberate indifference to plaintiff's medical needs on August 23, 2007, alleged against defendants Dator and Stormes; Granted as to defendant Williams. (Duong, D)
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Filing
39
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/29/2010 ORDERING Plaintiff's motion to lodge documents, filed on March 9, 2010 (docket # 34) and plaintiff's motion for judicial notice, filed on Mar ch 10, 2010 (docket # 35), is construed as requests by this pro se plaintiff for these filings/exhibits to be considered in opposition to defendants' motion to dismiss, and as so construed although belated with respect to every defendant except defendant Wohlers whose joinder in the motion to dismiss occurred after the motion had been otherwise briefed are granted. The Clerk is directed to correct the spelling of the last name of defendant "Wholer" to "Wohlers" in the do cket of this case. IT IS FURTHER RECOMMENDED that defendants' motion to dismiss, filed on January 19, 2010 {docket # 23) be granted in part and denied in part: a) Granted as to defendant Soltanian-Zadeh on plaintiff's claims regarding his s tent and kidney-related claims and these claims be dismissed as administratively unexhausted; b) Denied as to plaintiff's claims of inadequate medical care against defendant Soltanian-Zadeh regarding plaintiff's left ankle condition; c) Gra nted as to defendants Cook and Wohlers and the claims against these defendants be dismissed as not exhausted administratively; d) Denied as to plaintiff's claims of deliberate indifference to plaintiff's medical needs on August 23, 2007, alleged against defendants Dator and Stormes; and e) Granted as to defendant Williams.Objections to F&R due w/in 14 days.(Matson, R)
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Filing
38
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/26/2010 ORDERING that the 3/15/10 order is VACATED only to the extent that dft Williams has shown good cause to be DISCHARGED from the obligation to reimburse the USM in the amt. $55.50 fo r personal service, dft Cook is DISCHARGED of the obligation to reimburse the USM in the amt of $321.00 for personal service, and these dfts are not required to make such reimbursements; the clerk to serve a copy of this order on Valerie Duran, USM. (cc: USM)(Yin, K)
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Filing
15
ORDER DIRECTING USM to serve * Amended Complaint * filed on * 4/30/09,* on * Dator, Stormes, S Wholer, R. Cook, J Soltanian-Zadeh, B Williams* signed by Magistrate Judge Gregory G. Hollows on 8/31/09. Within ten days from the date of this order, the United States Marshal is directed to notify the defendants of the commencement of this action and to request a waiver of service of summons. The Clerk of the Court shall serve upon plaintiff a copy of the Local Rules of Court. (cc USM)(Dillon, M)
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Filing
13
ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gregory G. Hollows on 7/22/09. Service is appropriate for dfts Dator, Stormes, S Wholer, R. Cook, J Soltanian-Zadeh, B Williams. Clerk to send pltf forms for service to be completed and returned along w/ the Notice of Submission w/in 30 days. (Yin, K)
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Filing
8
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/20/09 GRANTING 2 application to proceed IFP; pltf is obligated to pay the statutory filing fee of $350.00 to be paid in accordance with the concurrent order; pltf's original complai nt has been superseded by the 7 3/31/09 amended complaint; pltf's claims against defts Subia, Jackson, O'Laughlin, Olivas, Brazil, Long, Ochoa and Burnbaugh are DISMISSED with leave to file a second amended complaint within 30 days; pltf's 1 request for appointment of counsel is DENIED. (Gaydosh, J)
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