Houston v. Knowles et al
Kevin Houston |
Mike Knowles, Dickinson, Mitchell, D. Shankland, B. Olson and S Riley |
2:2009cv00178 |
January 21, 2009 |
US District Court for the Eastern District of California |
Prisoner: Civil Rights Office |
Solano |
Edmund F. Brennan |
Plaintiff |
Federal Question |
42:1983 Prisoner Civil Rights |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 117 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/13 DENYING as unnecessary 115 Motion to Proceed IFP.(Dillon, M) |
Filing 107 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/15/2012 RECOMMENDING that plaintiff's complaint be dismissed for failure to state a claim and that the Clerk be directed to close this case. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K) |
Filing 103 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/12 ORDERING that the complaint is dismissed with leave to amend within 30 days. The parties discovery motions 87 , 88 are DENIED as moot.(Dillon, M) |
Filing 97 ORDER signed by Judge Garland E. Burrell, Jr on 9/26/2011 ORDERING that the 59 findings and recommendations filed August 30, 2011, are adopted in full. Defendants' 53 motion to dismiss is granted and plaintiff's claims against all defe ndants for violation of the Eighth Amendment and the guarantee of procedural due process under the 14th Amendment are accordingly dismissed for failure to state a claim. Plaintiff's remaining claim against defendant Riley for denial of access tocourts are dismissed for failure to state a claim. Plaintiff is granted leave to file an amended complaint within thirty days of this order curing the deficiencies noted in the magistrate judge's findings and recommendations.(Duong, D) |
Filing 95 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/30/11 ORDERING plaintiff's motions for a protective order 85 and 86 , which are construed as a motion for a preliminary injunction are denied. Defendan ts' motion to stay discovery pending resolution of their motion to dismiss 90 are granted. Also, RECOMMENDING that defendants' motion to dismiss 53 be granted and that plaintiff's claims against all defendants for violation of the Eighth Amendment and the guarantee of procedural due process under the 14th amendment be accordingly dismissed for failure to state a claim. Plaintiff's remaining claim against defendant Riley for denial of access to courts be dismissed for fa ilure to state a claim; and plaintiff be granted leave to file an amended complaint, within 30 days of an order adopting these recommendations, curing the deficiencies noted in these recommendations. MOTION to DISMISS 53 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M) |
Filing 92 ORDER signed by Magistrate Judge Edmund F. Brennan on 06/01/11 ordering defendants shall respond to plaintiff's motions for a protective order 85 , 86 on or before 06/10/11. Plaintiff's motion to stay the court's consideration of d efendants' motion to dismiss 89 is denied. Plaintiff shall have 21 days from the date of service of this order to file and serve a supplemental opposition to defendants' 01/25/11 motion to dismiss substantively addressing the arguments raised therein. Defendants shall have 7 days from plaintiff's service of the supplemental opposition to file a reply therein. (Plummer, M) |
Filing 91 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/11 DENYING 54 , 60 motions for provisional relief without prejudice. (Meuleman, A) |
Filing 84 ORDER signed by Judge Garland E. Burrell, Jr on 5/10/11 ADOPTING 67 Findings and Recommendations in Full. Plaintiff's 54 Motion for a temporary restraining order, to the extent it seeks an order directing his release from Administrative Segr egation or otherwise nullifying discipline that is unrelated to the claims raised in the complaint, is DENIED. Plaintiff's 56 Motion to Vacate the 1/19/11 Order is DENIED. Plaintiff's 42 , 43 , 44 , 45 , 46 , and 47 Motions for Entry of Default Judgment against defendants are DENIED. (Donati, J) |
Filing 82 ORDER denying 80 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 04/18/11. (Plummer, M) |
Filing 70 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/2011 DENYING pltf's 64 request for appointment of counsel. (Yin, K) |
Filing 67 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/2/11 ORDERING that Plaintiffs 31 Request for Securing of Vital Documents in Defendants Control is construed as a motion for a protective order and, so construe d, is DENIED; No later than 14 days, counsel for defendants shall inquire as to the status of plaintiffs access to his legal materials, and within 21 days thereafter, defendants shall file an opposition, or other appropriate response, to plaintiffs r equest for a protective order directing defendant Dickinson to provide plaintiff with his legal materials. It is RECOMMENDED that Plaintiffs 54 motion for a temporary restraining order to the extent it seeks an order directing his release from Adm inistrative Segregation or otherwise nullifying discipline that is unrelated to the claims raised in the complaint, be denied; Plaintiffs 56 motion to vacate the order of January 19, 2011 be denied; Plaintiffs 42 , 43 , 44 , 45 , 46 and 47 motions for entry of default judgment against defendants be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M) |
Filing 27 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/27/2010 ORDERING that pltf's 26 request for an order directing prison authorities to allow him immediate access to the library is DENIED; pltf's request for an extension of time is to comply w/ the court's 6/30/10 order is GRANTED; pltf has 45 days to submit an amended cmplt. (Yin, K) |
Filing 25 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/30/2010 ORDERING that ptlf's amended cmplt is DISMISSED w/ leave to amend w/in 30 days; pltf's 21 motion to expedite action is DENIED w/out prejudice. (Yin, K) |
Filing 23 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/1/2010 ORDERING that pltf's 22 request for appointment of counsel is DENIED. (Yin, K) |
Filing 19 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/17/09 ORDERING that 14 Motion to Proceed IFP is GRANTED; Plaintiff shall pay the filing fee of $350, to collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiffs complaint is DISMISSED with leave to amend within 45 days.(Dillon, M) |
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