(PC) Hemphill v. High Desert State Prison
| Billy R. Hemphill |
| Nichols, High Desert State Prison and - Dillard |
| 2:2009cv00116 |
| January 14, 2009 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Lassen |
| Marsha S Berzon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 11, 2011. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
JUDGMENT dated *8/10/11* pursuant to order signed by Circuit Judge Marsha S. Berzon on 8/10/11. (Meuleman, A)
|
|
Filing 41
ORDER signed by Circuit Judge Marsha S. Berzon on 8/10/11 GRANTING #32 Motion to Dismiss for failure to exhaust administrative remedies and DISMISSING this case but without prejudice to Hemphill refiling if he can successfully exhaust the available administrative remedies. The Clerk is DIRECTED to enter judgment accordingly and close this case. CASE CLOSED. (Meuleman, A)
|
| SERVICE BY MAIL: #41 Order served on Billy R. Hemphill. (Meuleman, A) |
| SERVICE BY MAIL: #42 Judgment served on Billy R. Hemphill. (Meuleman, A) |
|
Filing 40
ORDER signed by Circuit Judge Marsha S. Berzon on 3/9/2011 GRANTING #35 motion for 90-day extension of time. Ptnr shall file his response to the motion for summary judgment by 5/25/2011. Dfts #38 request to postpone the deadline for filing the joint proposed pretrial order is GRANTED. (Zignago, K.)
|
| SERVICE BY MAIL: #40 Order served on Billy R. Hemphill. (Zignago, K.) |
| Filing 39 CERTIFICATE of SERVICE by - Dillard, Nichols re #38 MOTION Ex Parte Request To Postpone Deadline For Filing Joint Proposed Pretrial Order re #21 Scheduling Order,,, MOTION Ex Parte Request To Postpone Deadline For Filing Joint Proposed Pretrial Order re #21 Scheduling Order,,,. (Wilson, Matthew) |
| Filing 38 MOTION Ex Parte Request To Postpone Deadline For Filing Joint Proposed Pretrial Order re #21 Scheduling Order,,, by - Dillard, Nichols. (Attachments: #1 Proposed Order Proposed Order Re Defendants Dillard and Nichols' Request To Postpone Deadline For Filing The Joint Proposed Pretrial Order)(Wilson, Matthew) |
| Filing 37 CERTIFICATE of SERVICE by - Dillard, Nichols re #36 Statement of Non-Opposition. (Wilson, Matthew) |
| Filing 36 STATEMENT of NON-OPPOSITION by - Dillard, Nichols to #35 MOTION for 90-DAY EXTENSION OF TIME to file respond to motion for summary judgment re #32 Motion for Summary Judgment. (Wilson, Matthew) |
| Filing 35 MOTION for 90-DAY EXTENSION OF TIME to file respond to #32 Motion for Summary Judgment, by Billy R. Hemphill. (Kastilahn, A) |
|
Filing 34
ORDER signed by Circuit Judge Marsha S. Berzon on 1/28/11 ORDERING that Plaintiff shall respond to the Defendants' MOTION for SUMMARY JUDGMENT #32 no later than 2/25/2011. The failure to file a response to the Defendants motion could result in the granting of summary judgment to Defendants and the dismissal of this case. (Mena-Sanchez, L)
|
| SERVICE BY MAIL: #34 Order, served on Billy R. Hemphill. (Mena-Sanchez, L) |
| Filing 33 DECLARATION of Dmitri Hanlon in support of #32 Motion for Summary Judgment. (Attachments: #1 Declaration of Pepperdine) (Wilson, Matthew) Modified on 1/13/2011 (Marciel, M). |
| Filing 32 MOTION for SUMMARY JUDGMENT by - Dillard, Nichols. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Facts, #3 Request for Judicial Notice, #4 Notice of Lodging, #5 Declaration of Matthew Ross Wilson, #6 Exhibit A - B to Wilson Declaration, #7 Declaration of Dillard, #8 Declaration of Nichols, #9 Declaration of Foston) (Wilson, Matthew) |
|
Filing 31
ORDER signed by Circuit Judge Marsha S. Berzon on 11/15/10 DENYING #25 Motion to Dismiss. (Williams, D)
|
| SERVICE BY MAIL: #31 Order on Motion to Dismiss served on Billy R. Hemphill. (Williams, D) |
| Filing 30 REPLY by defendants to plaintiff's #28 Opposition to Motion to Dismiss. (Wilson, Matthew) Modified on 8/26/2010 (Marciel, M). |
| Filing 29 DECLARATION of plaintiff in support of #28 Opposition to Motion. (Kaminski, H) |
| Filing 28 OPPOSITION by Billy R. Hemphill to #25 MOTION to DISMISS. (Kaminski, H) |
| Filing 27 DECLARATION of Counsel in Lieu of Reply to Opposition to Motion to Dismiss #25 MOTION to DISMISS. Attorney Williams, Kathleen J. added. (Williams, Kathleen) |
|
Filing 26
ORDER signed by Circuit Judge Marsha S. Berzon on 7/23/10 ORDERING that Plaintiff must file a response to Dfts' motion to dismiss #25 together with copies of grievances, sworn declarations or other admissible evidence, w/i 21 days; Failure to do so will result in the Court granting the motion; Dfts may file a reply w/i 7 days after service of Plaintiff's response; the motion will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. (Becknal, R)
|
| SERVICE BY MAIL: #26 Order served on Billy R. Hemphill. (Becknal, R) |
| Filing 25 MOTION to DISMISS by - Dillard, Nichols. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of D. Clark, #3 Exhibits A-B to Declaration of D. Clark, #4 Declaration of D. Foston, #5 Exhibit A to Declaration of D. Foston, #6 Notice of Lodging, #7 Exhibit A to Notice of Lodging) (Wilson, Matthew) |
| Filing 24 NOTICE of Initial Disclosure by Billy R. Hemphill (Benson, A.) |
| Filing 23 NOTICE of Initial Disclosure by - Dillard, Nichols. (Wilson, Matthew) |
| Filing 22 WAIVER of SERVICE RETURNED EXECUTED: - Dillard Waiver sent on 4/15/2010, answer due 6/14/2010; Nichols Waiver sent on 4/15/2010, answer due 6/14/2010. (Reader, L) |
|
Filing 21
SCHEDULING ORDER signed by Circuit Judge Marsha S. Berzon on 6/14/2010 ORDERING that all Initial Disclosures as defined in Rule 26(a) of the Federal Rules of Civil Procedure, if not already disclosed, must be made by the parties no later than July 14, 2010. Any defense motion to dismiss or motion for summary judgment that is not dependent on the development of the factual record must be filed no later than August 13, 2010. Any motions to amend the complaint or to join additional parties must be filed no later than September 14, 2010. Designation of Expert Witnesses ddl 9/14/2010. Discovery ddl 11/15/2010. Motions on discovery matters are strongly discouraged. Dispositive Motions ddl 1/14/2011. A Joint Proposed Pretrial Order must be lodged no later than March 14, 2011, notwithstanding the pendency of any unresolved nondispositive or dispositive motions. (Duong, D)
|
| SERVICE BY MAIL: #21 Scheduling Order served on Billy R. Hemphill. (Duong, D) |
| Filing 20 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by - Dillard, Nichols. Attorney Wilson, Matthew Ross added. (Wilson, Matthew) |
|
Filing 19
ORDER DIRECTING USM to serve * Complaint * filed on * 1/8/2009,* on * - Dillard, Nichols*, Service Deadline set for 8/9/2010 signed by Circuit Judge Marsha S. Berzon on 4/5/2010. (Matson, R)
|
| SERVICE BY MAIL: #19 Order Directing Service by USM served on Billy R. Hemphill. (Matson, R) |
| Filing 18 NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 2 USM-285 Forms, and 1 copies of the complaint, by Billy R. Hemphill. (Benson, A.) |
| Filing 17 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application served on Department of CDC pursuant to #16 Order Directing Prisoner Payment. (Duong, D) |
|
Filing 16
ORDER DIRECTING MONTHLY PAYMENTS signed by Circuit Judge Marsha S. Berzon on 11/11/09 ORDERING that the Director of the California Department of Corrections or his designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to Plaintiff's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments must be clearly identified by the name and number assigned to this action. The Clerk of the Court shall serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director of the California Department of Corrections, via the court's electronic case filing system and to serve a copy of this order on the Financial Department of the court.(Duong, D)
|
|
Filing 15
ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS signed by Circuit Judge Marsha S. Berzon on 11/11/09 ORDERING that Plaintiff's #11 Application to Proceed In Forma Pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action All fees shall be collected and paid in accordance with this Court's order to the California Department of Corrections, which will be filed concurrently with this Order. Defendants Dillard and Nichols shall answer Plaintiff's Eighth Amendment claim. The Clerk of the Court shall send Plaintiff a service packet including the #1 Complaint this Order, a Notice of Submission of Documents form, an instruction sheet, and copies of summons and USM-285 forms for Defendants Dillard and Nichols. Within 30 days of the date of filing of this Order, Plaintiff shall complete and return to the Clerk of the Court the Notice of Submission of Documents. Plaintiff shall submit with the Notice of Submission of Documents: three copies of the Complaint, a copy of this Order, a completed summons, and one completed USM-285 for each Defendant.named above.(Duong, D)
|
| SERVICE BY MAIL: #15 Service Documents Order/ Screening Order #16 Order Directing Prisoner Payment w/ Complaint, a Notice of Submission of Documents form, an instruction sheet, and copies of summons and 2 USM-285 forms served on Billy R. Hemphill. (Duong, D) |
| Filing 14 NOTICE of CHANGE of ADDRESS to PO Box 3030, Susanville, CA 96127 and REQUEST for status of his case by Billy R. Hemphill. (Response sent: "The Court will notify you as soon as any action is taken in your case.") (Duong, D) |
| Filing 13 NOTICE of CHANGE of ADDRESS to PO Box 3481, Corcoran CA 93212 by Billy R. Hemphill. (Gaydosh, J) |
|
Filing 12
ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Anthony W. Ishii. Case reassigned to Circuit Judge Marsha S. Berzon for all further proceedings. Magistrate Judge Kimberly J. Mueller no longer assigned to case. (Waggoner, D)
|
| SERVICE BY MAIL: #12 Order Reassigning Visiting Judge served on Billy R. Hemphill (Waggoner, D) |
| Filing 11 APPLICATION to Proceed IFP by Billy R. Hemphill. (Reader, L) |
| Filing 10 NOTICE regarding Consent or Decline jurisdiction of the US Magistrate Judge by Billy R. Hemphill (Reader, L) |
| Filing 9 NOTICE of CHANGE of ADDRESS to CSP-Sacramento P.O. Box 290066, Represa, CA 95671 by Billy R. Hemphill. (Reader, L) |
| RE-SERVICE BY MAIL: #7 Order and IFP application, served on Billy R. Hemphill at updated address. (Plummer, M) Modified on 2/9/2009 (Plummer, M). |
| Filing 8 NOTICE of CHANGE of ADDRESS to PO Box 290066, Represa, CA 95671 by Billy R. Hemphill. (Carlos, K) |
|
Filing 7
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/29/2009 ORDERING Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; and The Clerk of the Court is directed to send pltf a new Application to Proceed IFP By a Prisoner. (Attachments: #1 Application to proceed ifp)(Reader, L)
|
| SERVICE BY MAIL: #7 Order, served on Billy R. Hemphill (Reader, L) |
| Filing 6 PRISONER NEW CASE DOCUMENTS ISSUED; Consent Deadline set for 2/17/2009 (Attachments: #1 Order Re Consent) (Donati, J) |
| Filing 5 CASE TRANSFERRED IN from District of California Northern; Case Number 3:09-cv-00072. Original file with documents numbered 1 - 4, certified copy of transfer order and docket sheet received. |
| SERVICE BY MAIL: #6 Prisoner New Case Documents for Magistrate Judge as Presider served on Billy R. Hemphill (Donati, J) |
|
Filing 3
ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 1/13/09. (jjo, COURT STAFF) (Filed on 1/13/2009) [Transferred from cand on 1/14/2009.]
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Billy R. Hemphill. (hdj, COURT STAFF) (Filed on 1/8/2009) [Transferred from cand on 1/14/2009.] |
| Filing 1 COMPLAINT against High Desert State Prison (Filing fee $ 350-ifpp). Filed byBilly R. Hemphill. (hdj, COURT STAFF) (Filed on 1/8/2009) [Transferred from cand on 1/14/2009.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
