Gilbert v. Herbert et al
Plaintiff: Fred Wayne Gilbert
Defendant: Susan Herbert, Claude Finn, C Wright, M Fox, J Simmons and Bradley
Case Number: 2:2009cv00209
Filed: January 23, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Solano
Presiding Judge: Craig M. Kellison
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
November 21, 2011 Opinion or Order Filing 85 ORDER denying 82 Motion for Certificate of Appealability signed by Magistrate Judge Craig M. Kellison on 11/21/11. (Plummer, M)
September 6, 2011 Opinion or Order Filing 78 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 09/02/11 RECOMMENDING that dfts' 63 Motion for Summary Judgment be granted; all other pending 77 Motions be denied as moot and and Clerk enter judgment in favor of dfts and case be closed. Objections to these F&Rs due w/i 14 days; referred to Judge Morrison C. England, Jr. (Benson, A.)
July 23, 2010 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Craig M. Kellison on 7/22/10 ORDERING that 66 Motion is denied as moot.(Dillon, M)
July 1, 2010 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Craig M. Kellison on 6/30/2010 DENYING as unnecessary, pltf's 55 motion for an extension of time; and DENYING pltf's 53 motion to compel. (Yin, K)
June 23, 2010 Opinion or Order Filing 65 ORDER denying 61 Motion for a status conference signed by Magistrate Judge Craig M. Kellison on 06/22/10. (Plummer, M)
November 10, 2009 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Craig M. Kellison on 11/9/09 ORDERING that pltf's 40 request for entry of default is DENIED and the clerk is instructed to NOT ENTER THE DEFAULT of any dft; and pltf's 41 motion for default judgment is DENIED. (Yin, K)
August 19, 2009 Opinion or Order Filing 33 ORDER DIRECTING USM to serve process w/in 10 days on dft Susan Hubbard signed by Magistrate Judge Craig M. Kellison on 8/18/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the cmplt, the form re consent or request for reassignment and this order. (cc: USM) (Yin, K)
July 21, 2009 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Craig M. Kellison on 07/20/09 granting 27 request for notification as outlined above. The clerk of the court is directed to update the docket to reflect that Susan Hubbard is a defendant to this action and to termi nate Susan Herbert as a party. The court's prior orders are amended to reflect that service is appropriate for defendant Hubbard, who was erroneously named as Herbert. The clerk of the court shall send plaintiff 1 USM-285 form, 1 summon, instruction sheet and a copy of the complaint to be completed and returned within 30 days. (Plummer, M)
July 9, 2009 Opinion or Order Filing 25 [VACATED PURSUANT TO 31 ORDER] ORDER signed by Magistrate Judge Craig M. Kellison on 7/8/09 GRANTING dfts' 23 motion for protective order; dfts are RELIEVED of their obligation to repsond to pltf's request for production of docs, admissions, and interrogatories until 45 days after the court rules on dfts' motion to dismiss. (Yin, K) Modified on 7/21/2009 (Yin, K).
February 6, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Craig M. Kellison on 2/5/09 ORDERING that pltf's 5 motion for leave to proceed ifp is GRANTED; pltf to pay the $350 filing fee; no initial partial filing fee to be assessed; CDC to collect monthly payments from pltf's trust acct and fwd to the clerk until the filing fee is paid in full. (cc: Financial, CDC)(Yin, K)
January 28, 2009 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Craig M. Kellison on 1/27/09 ORDERING that plaintiff shall submit, within 30 days, a complete application for leave to proceed in forma pauperis, with the required certified copy of his prison trust account statement, or the appropriate filing fee. The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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Plaintiff: Fred Wayne Gilbert
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Defendant: Susan Herbert
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Defendant: Claude Finn
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Defendant: C Wright
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Defendant: M Fox
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Defendant: J Simmons
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Defendant: Bradley
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