Jones v. Bishop, et al
| Malik Jones |
| J. L. Bishop and R. Stovall |
| 2:2009cv00150 |
| December 29, 2008 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Garland E. Burrell |
| Dale A. Drozd |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
145
JUDGMENT OF DISMISSAL WITH PREJUDICE AND ORDER CLOSING FILE signed by Senior Judge Justin L. Quackenbush on 5/3/13 ORDERING that pursuant to the Stipulation of the remaining parties 144 , judgment of dismissal is hereby entered dismissing the First Amended Complaint 15 and the claims therein with prejudice and without costs or attorneys fees to any party. The Clerk of this court shall (1) enter this Order and judgment, (2) terminate all pending matters, (3) forward copies to counsel for the Defendant, to the Plaintiff at 14050 Cherry Ave. #104, Fonatana, CA 92337, and to attorney Michael Vinding at mvinding@bradyvinding.com; and (4) close this file. The court commends Mr. Vinding for his pro bono assistance to Mr. Jones and to the court. (Becknal, R)
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Filing
142
ORDER signed by Senior Judge Justin L. Quackenbush on 3/7/13 ORDERING that the Pretrial Conference previously scheduled for 3/13/13 141 is STRIKEN. After finalizing the settlement, the parties shall promply file a Stipulated Motion to Dismiss.(Mena-Sanchez, L)
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Filing
141
ORDER for Pretrial Conference signed by Senior Judge Justin L. Quackenbush on 2/25/2013. Pretrial Conference in the matter shall be SET for 3/13/2013 at 9:00 AM in Visiting Judge (TBD). Plaintiff, Malik Jones, is ORDERED and DIRECTED to attenc this hearing in person and shll arrange his travel schedule to enable him to confer with attorney Michael Vinding. Clerk shall enter this Order and furnish copy to counsel and plaintiff. (Marciel, M)
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Filing
135
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/18/2012 ORDERING that the court finds that plaintiff has continued to violate the court's orders and it is hereby RECOMMENDED that this action be dismissed with prejudice. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Justin L. Quackenbush. (Donati, J)
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Filing
130
ORDER signed by Senior Judge Justin L. Quackenbush on 11/5/2012 ORDERING both parties to comply with the Orders of this Court; ORDERING the Defendant to immediately contact the Plaintiff, unless he has already done so, in response to the Proposed Set tlement Agreement pursuant to 117 Order; ORDERING both parties to attend the Settlement Conference set for 11/15/2012, and to actively participate in settlement discussions in good faith; ORDERING the parties to comply with all other deadlines set forth in 117 Order, including the provision of Confidential Settlement Statements to Judge Brennan's chambers by 11/8/2012; ORDERING the counsel for the Defendant to file a Status Report to Magistrate Judge Brennan via Confidential Settlement Statement, by 11/9/2012, regarding the status of the informal settlement negotiations and whether or not there has been compliance with this Order; ORDERING the Clerk of Court to serve a copy of this order, by fax, on the Litigation Office at Salinas Valley State Prison. (cc: Magistrate Judge Brennan, Litigation Office at Salinas Valley State Prison) (Michel, G)
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Filing
127
ORDER signed by Senior Judge Justin L. Quackenbush on 10/17/2012 DENYING 126 Motion to Continue Settlement Conference. (cc Magistrate Brennan) (Donati, J)
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Filing
123
ORDER signed by Senior Judge Justin L. Quackenbush on 08/30/12 ORDERING that the 122 Motion of Imminent Danger is DENIED and plaintiff shall heed previous Court orders. (Benson, A.)
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Filing
118
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by signed by Senior Judge Justin L. Quackenbush on 08/02/12 ORDERING the Custodian to produce Malik Jones, inmate #K-09065, on November 15, 2012 at 10:00 a.m. before Magistrate Judge Edmu nd F. Brennan at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #24. 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). (Benson, A.)
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Filing
115
ORDER denying 114 MOATION FOR CLARIFICATION signed by Senior Judge Justin L. Quackenbush on 7/27/12. (Kaminski, H)
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Filing
113
ORDER signed by Senior Judge Justin L. Quackenbush on 07/25/12 ORDERING that plaintiff's 112 Motion for Clarification is DENIED. (Benson, A.)
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Filing
111
ORDER signed by Senior Judge Justin L. Quackenbush on 7/10/12 ORDERING this action is hereby scheduled for trial commencing 10/1/12. The parties to this action shall each, no later than fifteen (15) days from the date of the order, submit confidenti al statements as described below. The confidential statements shall not be served on the opposing party or filed with the court, but instead, delivered by mail, fax, email or personal delivery to the court's Alternative Dispute Resolution (ADR) division at the address, fax number or email address below and marked "Confidential." Such statements shall be limited to five (5) pages and shall include the following: 1) the party's assessment of whether the instant action is of the type that would benefit from a settlement proceeding; 2) the party's assessment of what factors, if any, will prevent settlement of this matter prior to trial; and 3) any additional information the court may find useful in determining whether t o set this matter for a settlement conference. Should the court determine this action to be appropriate to referral to the Prisoner Settlement Program, the court will set this matter for settlement conference before a magistrate judge or district judge. The Clerk of the Court shall forward copies of this Order to counsel and to Plaintiff. (Becknal, R)
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Filing
106
ORDER signed by Senior Judge Justin L. Quackenbush on 4/19/2012 ORDERING that Defendant's 84 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. It is granted as to Defendants Mitchell, Rigney, Williams, Felker, Cate and McGuire . The Motion For Summary Judgment is denied as to the excessive force claim against Defendant Whitlow. The court will issue a separate Scheduling Order setting the remaining pretrial deadlines and for trial. The Clerk is hereby directed to enter this Order and furnish copies to Plaintiff and counsel. (Zignago, K.)
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Filing
103
ORDER RE: MOTION TO COMPEL signed by Senior Judge Justin L. Quackenbush on 2/14/12, ORDERING that if Discovery is not completed, Defendants shall immediately furnish all relevant documents, not already produced, that are capable of being accessed by Defendants (or their counsel). Plaintiff may broaden his response due 3/1/12 to include any argument countering the Defendants' Motion for Summary Judgment. Upon receipt thereafter of Defendants' Reply brief, the court will take the Motion for Summary Judgment under advisement. Plaintiffs' 101 Motion to Compel is GRANTED IN PART and DENIED IN PART. (Kastilahn, A)
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Filing
100
ORDER signed by Senior Judge Justin L. Quackenbush on 2/3/12 ORDERING the court will hold the Defendant's Summary Judgment Motion in abeyance and permit Defendants the opportunity to supplement their Motion by no later than February 14, 2011. De fendant may file only supplemental argument and/or evidence pertaining to the bystander liability claim against Defendant Williams. Should Defendants file supplemental materials pertaining to the claim against Defendant Williams, Plaintiff shall hav e until March 1, 2012 to respond to the supplemental materials. Plaintiff's Motion for Clarification 98 is GRANTED.The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and counsel for the Defendants. (Becknal, R)
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Filing
97
ORDER signed by Senior Judge Justin L. Quackenbush on 12/26/11 DENYING 94 Motion Requesting Protective Order. (Meuleman, A)
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Filing
95
ORDER signed by Senior Judge Justin L. Quackenbush on 12/13/11 ORDERING that Plaintiff's MOTION for Leave to Supplement Complaint 93 is DENIED. Defendants' Motion for 45-Day Extension of time 92 is GRANTED in part. The Deadlines establi shed in the Court's 11/23/11 Order are MODIFIED as follows: Defendants' responses to all outstanding discovery request shall be served upon Plaintiff no later than 1/11/12. Plaintiff's response to Defendants' Motion for Summary Ju dgment shall be filed and served no later than 1/31/12. Any Reply by Defendants shall be filed within seven (7) days after the opposition is served. The Court will then take the Motion for Summary Judgment under advisement. The District Court is directed to enter this Order and provide a copy to Plaintiff and counsel for the Defendants. (Mena-Sanchez, L)
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Filing
91
ORDER signed by Senior Judge Justin L. Quackenbush on 11/22/2011 GRANTING 85 Motion to Compel; GRANTING 89 Motion for Extension of Time to Extend Discovery. Discovery as to the 84 Motion for Summary Judgment due by 1/3/2012. Defendants are DIRE CTED to serve responses to Plaintiff's interrogatories no later than 12/1/2011. New discovery by Plaintiff to be served no later than 12/12/2011. Defendants' Responses due within 15 days of receipt. Plaintiff's Responses to the 84 Motion for Summary Judgment due by 1/16/2012. Defendants' Replies due 7 days after the Oppostiton is served. (Michel, G)
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Filing
87
ORDER signed by Senior Judge Justin L. Quackenbush on 11/1/11 ORDERING that plaintiff's 83 motion for order to show cause is DENIED. (Kastilahn, A)
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Filing
82
ORDER denying Plaintiff's 81 Motion to Compel, signed by Senior Judge Justin L. Quackenbush on 10/18/11. (Kastilahn, A)
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Filing
80
ORDER denying 79 Plaintiff's Motion to Appoint Counsel, signed by Senior Judge Justin L. Quackenbush on 8/19/11. (Kastilahn, A)
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Filing
75
ORDER signed by Senior Judge Justin L. Quackenbush on 3/28/11 ORDERING dfts' motion to terminate dfts 70 is DENIED. (Carlos, K)
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Filing
68
ORDER signed by Senior Judge Justin L. Quackenbush on 12/16/2010 ORDERING that Dft Stailey's 61 Motion to Join in the Motion to Dismiss is GRANTED. Matthew Cate is substituted in as dft in lieu of Director of Corrections. Clerk shall send Pltf one USM-285 form, one summons, an instruction sheet and a copy of the 15 amended complaint. Pltf's 65 Motion for Reconsideration is DENIED. (Zignago, K.)
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Filing
62
ORDER granting in part and denying in part 32 Motion to Dismiss and denying 35 Motion for Default Judgment signed by Senior Judge Justin L. Quackenbush on 11/4/10. (Kaminski, H)
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Filing
48
ORDER signed by Senior Judge Justin L. Quackenbush on 9/16/10 ORDERING that claims against deft David are DISMISSED without prejudice. Deft is reminded to adhere to the court's 8/30/10 44 Order requesting dismissal intentions re defts Chatman and Kimbrell, and re service or dismissal of deft Wisely. It is further ORDERED that pltf inform the court re substitution of deft Director of Corrections. (Owen, K)
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Filing
45
ORDER signed by Senior Judge Justin L. Quackenbush on 8/27/10 ORDERING pltf's Motion to Add Claims 29 is DENIED. (Carlos, K)
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Filing
41
ORDER signed by Senior Judge Justin L. Quackenbush on 8/19/2010 ORDERING that Pltf's 26 Motion is DENIED. Pltf's 31 Motion for Court to Order Service of Process on Dft J. McGuire is GRANTED. The Clerk shall forward service documents to the USM. USM to serve dft McGuire within 10 days. (Zignago, K.)
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Filing
14
ORDER signed by Senior Judge Justin L. Quackenbush on 10/21/2009 DENYING 11 Motion to Appoint Counsel and Motion for Transfer; GRANTING 13 Motion for Extension of Time to submit amended complaint. Pltf shall have until 12/8/2009 to either file First Amended Complaint or submit the documents per 10 Order. Clerk directed to mail pltf copy of 10 Order. (Suttles, J) Modified on 10/27/2009 (Manzer, C).
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Filing
10
ORDER signed by Senior Judge Justin L. Quackenbush on 7/10/09 ORDERING that claims against Flaherty, Nystrom, Anderson, Cambell, Gonzales, Wimpke, and Grannis are DISMISSED without leave to amend. The Clerk shall terminate these dfts. Pltf's f ailure to protect claims against dft Felker and the Director of Corrections, as well as pltf's claims of retaliation and the denial of equal protection, are DISMISSED with leave to amend to attempt to state cognizable claims. The DDL for any ame ndment is 9/8/09. The claims in the complaint are sufficient at least to state cognizable claims against dfts Lipton, Bishop, Betti, Stovall, Chatman, Wisely, Montgomery, Probest, Swarte, Stailey, Weston, Ringey, Whitlow, Kimbrell, Williams, David, Mitchell, and Wright. The Clerk shall provide pltf with a copy of the lr's, a complaint form, a summons, copy of the 12/29/08 complaint, 18 USM-285 forms, and instruction sheet. The Clerk is directed to serve a copy of this order on the USM and Warden Mike McDonald at HDSP, P.O. Box 750, Susanville, CA 96127-0750.(Kastilahn, A)
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Filing
6
ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/09 ORDERING that plaintiff shall submit, within 30 days, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(Dillon, M)
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