Galik v. Namgalama et al
Plaintiff: Kevin Galik
Defendant: A Namgalama, V. Duc, J. Bal and K - Martin
Case Number: 2:2009cv00152
Filed: January 16, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 28, 2012 Opinion or Order Filing 77 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/27/12 RECOMMENDING that 69 Motion for Summary Judgment be granted, and this case be closed. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
July 19, 2012 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/12 ordering the motion for summary judgment filed on 04/18/12 69 is deemed re-noticed as of the filing date of this order, and shall be so designated on the docket by the clerk of the cour t. Plaintiff is hereby informed of the following requirements for opposing a motion for summary judgment (see order for further details). Within 21 days after the service date of this order, plaintiff may file an opposition to defendants' motio n for summary judgment, L.R. 230(l) by filing and serving (a) a new comprehensive opposition to the motion, including all pertinent exhibits (b) a supplemental opposition, and any new exhibits; or (c) a statement that plaintiff chooses to rely on his previously-filed opposition and exhibits. Within 7 days after the date of service of the opposition, defendants may file and serve (a) a new comprehensive reply to plaintiff's opposition; (b) a supplemental reply, or (c) a statement that defendants choose to rely on their previously-filed reply.(Plummer, M)
March 28, 2012 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/12 granting 62 Motion to file a second dispositive motion. Within 30 days of the date of this order, defendants shall file a second dispositive motion addressing the Eighth Amendment claim against defendant Duc; plaintiff may file an opposition within 21 days thereafter; defendants may file a reply to plaintiff's opposition within 7 days thereafter. (Plummer, M)
March 1, 2012 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Kendall J. Newman on 02/29/12 ordering the clerk of the court is directed to re-serve plaintiff with the order filed 02/07/12 61 . Plaintiff is granted 21 days from the date of this order to file a response to defendants' 02/13/12 motion for leave to file a second motion to dismiss. Plaintiff's motion to stay proceedings 63 is denied as unnecessary. (Plummer, M)
February 7, 2012 Opinion or Order Filing 61 ORDER signed by Judge William B. Shubb on 2/6/2012 ORDERING 37 that Dr. Nangalama's motion to dismiss, Dr. Duc's motion to dismiss plaintiff's equal protection claim against him, and Dr. Duc's motion for summary judgment on plai ntiff's due process claim against him be, and the same hereby are, GRANTED; AND IT IS FURTHER ORDERED that Dr. Duc's motion to dismiss for failure to exhaust administrative remedies and Dr. Duc's motion for summary judgment on plaintiff's Eighth Amendment claim against him be, and the same hereby are, DENIED. (Reader, L)
December 5, 2011 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2011 ORDERING the clerk to re-serve plaintiff with the 10/14/2011 findings and recommendations; plaintiff may file objections to the findings and recommendations and a response to the objections within 21 days; defendants may file a reply within 14 days thereafter. (Yin, K)
October 19, 2011 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/11 ordering that defendants' 09/07/11 request for clarification is resolved. (Plummer, M)
October 14, 2011 Opinion or Order Filing 53 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/13/11 ORDERING the clerk of the court shall randomply assign a District Judge to this action. U.S. District Judge William B. Shubb randomly assigned to this act ion. Also, RECOMMENDING that the claims against defendant Nangalama be dismissed for failing to state a claim upon which relief may be granted. Plaintiff's Equal Protection claim against defendant Duc be dismissed for failing to state a claim upon which relief may be granted; and defendants' motion to dismiss for failure to exhaust administrative remedies 37 be denied as to defendant Duc; defendants' summary judgment motion 37 be granted as to plaintiff's due process claim against defendant Duc, and denied as to the 8th Amendement claim against defendant Duc. Motion to dismiss 37 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
September 21, 2011 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/11 ordering that the 09/16/11 order directing defendants to re-serve plaintiff with the motion to dismiss/motion for summary judgment is vacated. (Plummer, M)
September 16, 2011 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 ORDERING that within 7 days of the date of this order, defendants shall re-serve plaintiff with their motion to dismiss/summary judgment motion; defendants shall file proof of re-service within that time; Plaintiffs opposition to defendants motion is due within 28 days of the date of this order.(Dillon, M)
September 9, 2011 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2011 ORDERING that within 30 days, Pltf shall file an opposition, if any, to the 37 motion for summary judgment. (Zignago, K.)
August 13, 2010 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 8/12/2010 ORDERING that pltf's 24 motion for reconsideration, construed as a request for relief from judgment is GRANTED; this action is REOPENED; pltf's second amended cmplt is DISMISSED w/ 28 days to file a third amended cmplt. (Yin, K)
June 2, 2010 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Kendall J. Newman on 06/01/10 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M)
April 23, 2010 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/10 ORDERING pltf's amended complaint 19 is DISMISSED; pltf shall complete the attached Notice of Amendment and submit within 28 days the completed Notice of Amendment and an original and copy of the second amended complaint. (Carlos, K)
February 12, 2010 Opinion or Order Filing 15 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 2/12/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Kevin Galik to the clerk until the balance of $200 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
July 22, 2009 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/09 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the balance of the filing fee he owes to this court, or an application for leave to proceed in forma pauperis. Clerk is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
July 17, 2009 Opinion or Order Filing 7 ORDER denying 2 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 07/17/09. (Plummer, M)
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Plaintiff: Kevin Galik
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Defendant: A Namgalama
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Defendant: V. Duc
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Defendant: J. Bal
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Defendant: K - Martin
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