Jones v. Swingle et al

Plaintiff: Malik Jones
Defendant: D. Swingle, D. Medina, J. Barker and M. D. McDonald
Case Number: 2:2009cv00619
Filed: March 5, 2009
Court: California Eastern District Court
Office: Sacramento Office
County: Lassen
Presiding Judge: Garland E. Burrell
Referring Judge: Edmund F. Brennan
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed#Document Text
March 24, 2014 109 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 3/24/2014 GRANTING 108 Motion for Extension of Time; ORDERING the parties to file dispositional documents by 6/17/2014. (Michel, G)
May 14, 2013 103 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/2013 ORDERING that this case is SET for a settlement conference on 6/14/2013 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; defendants' lead counsel and a person wit h full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person; each party shall provide a confidential settlement conference statement to Sujean Park no later than 6/6/2013. (cc: ADR, KJM) (Yin, K)
April 29, 2013 99 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/13 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of no opposition. (Dillon, M)
April 9, 2013 98 Opinion or Order of the Court ORDER ADOPTING 94 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 4/9/13. Defendant Burgett is DISMISSED without prejudice. (Manzer, C)
April 4, 2013 97 Opinion or Order of the Court ORDER (and Wyatt Notice) signed by Magistrate Judge Edmund F. Brennan on 4/4/2013 ORDERING that plaintiff's opposition to defendants' 95 motion to dismiss within 21 days, and that defendants' reply, if any, due within 14 days thereafter. (Yin, K)
March 7, 2013 94 Opinion or Order of the Court ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/7/13 ORDERING that defendants Swingle, Medina, Barker, Luther, Harper, and Lankford respond to plaintiffs allegations in accordance with Rule 12(a)(1) of the Federal Rules of Civil Procedure. It is RECOMMENDED that defendant Burgett be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
November 19, 2012 85 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/9/2012 RECOMMENDING that defendant Burgett be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
April 30, 2012 63 Opinion or Order of the Court ORDER signed by Judge Garland E. Burrell, Jr. on 4/27/2012 ADOPTING 58 Findings and Recommendations in full; DISMISSING Plaintiff's remaining claims without prejudice, including those against defendants Wilcox and Blanthorn. (Michel, G)
February 10, 2012 58 Opinion or Order of the Court ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/10/12 ORDERING the findings and recommendations 54 are vacated. Service is appropriate for defendants Luther, Harper, and Lankford. The clerk of the court sh all send plaintiff a blank summons, instruction sheet, 3 USM 285 forms, and a copy of the 3/30/11 complaint to be completed and returned within 30 days. The allegations in the pleading are sufficient at least to state potentially cognizable claims t hat defendants Swingle, Medina, Barker, Luther, Harper and Lankford were deliberately indifferent to plaintiff's serious medical needs in violation of the Eighth Amendment and that defendant Burgett retaliated against plaintiff for filing inmate appeals by confiscating plaintiff's wheelchair. Also, RECOMMENDING that the remaining claims, including those against defendants Wilcox and Blanthorn be dismissed without prejudice due to plaintiff's failure to state a claim upon which relief may be granted. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
March 21, 2011 55 Opinion or Order of the Court ORDER signed by Judge Garland E. Burrell, Jr. on 3/21/2011 ADOPTING 53 Findings and Recommendations in full. Pltf's 26 , 29 , 30 , 39 , 42 , 43 , and 44 motions for a preliminary injunction are DENIED. (Zignago, K.)
March 11, 2011 54 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/11/11 RECOMMENDING that dfts Luther, Harper, Wilcox, and Blanthorn, as well as the deficient claims identified in the 1/7/11 order, be dismissed without prejudice. Objections due within 14 days. (Manzer, C)
February 9, 2011 53 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/9/2011 RECOMMENDING that pltf's 26 , 29 , 30 , 39 , 42 , 43 , 44 motions for a preliminary injunction be denied. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
January 31, 2011 52 Opinion or Order of the Court ORDER signed by Judge Garland E. Burrell, Jr on 1/31/11 ORDERING 45 Findings and Recommendations are adopted in full; Defendant Reglie is dismissed without prejudice. (Matson, R)
January 7, 2011 48 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/11 ORDERING that defendants shall file a response to plaintiffs motion for a preliminary injunction no later than 14 days from the date of this order.(Dillon, M)
October 28, 2010 45 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/27/2010 RECOMMENDING that dft Reglie be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
January 8, 2010 16 Opinion or Order of the Court ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 1/7/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Malik Jones to the clerk until the balance of $350 is paid i n 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)

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Plaintiff: Malik Jones
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Defendant: D. Swingle
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Defendant: D. Medina
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Defendant: J. Barker
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Defendant: M. D. McDonald
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