Bun v. Felker et al
| Chanthon Bun |
| L Balding, T. Felker, Wright, R Wong, T. Perez, Jackson, Dangler, J Kelly, Dhrlingue, G. Marshall, D. J. Brown, J Marsh, M. Speiker, L Wolcott, H. Weaver, M Perry, M. DeForest, J Ehrilich, Cagle, H. Kirkland, R. Essman, M Williams, S Summer, R Robison, Sanchez, Kisssinger, R Gardiner, M Johnston, S Conway, B Phelps, C. Lower, C Ringer, D Probst, K. Lawrence, D Milbride, C. Barcus, J. Hook, J Smith, B Ramsey, O. Smith, G Crowe, S. Spalding, T Kich, T Smith, D - Fletcher, D Pittman, E Meraz, B Hurlbert, C Walker, L Betti, C Aston, J Colman, K Callison, D Guilbeax, D Phang, K Kingsley, P Sherman, K. Gullion, Z Aurich, J Little, R - Adams, K Silva, G Handschumaker, J Ramsey, J. Barron, J Barton, R Kampa, D Eldridge, D Cooper, Hays, Renner, - Gill, Logan, Stone, Mowry, S Jones, S Acton, G Jones, Stalter, Homes, Beasly, R Garate, Menner, J. Watkins, M Garrison and F - Bates |
| 2:2009cv00631 |
| March 6, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Edmund F. Brennan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
138
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/14 ORDERING that no later than Wednesday, September 17, 2014, defendants shall file and serve a document stipulating to dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(ii),1 or otherwise respond to plaintiffs motion to dismiss. (Dillon, M)
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Filing
132
PRETRIAL ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/14: Jury trial is scheduled to begin on November 17, 2014, at 9:30 a.m. in Courtroom No. 8, 13th Floor, before Magistrate Judge Edmund F. Brennan. The Clerk of the Court is directed to update and delete Felker from the case caption. The Clerk of the Court shall terminate docket numbers 118, 127, 129, and 130. (Kaminski, H)
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Filing
122
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/13 ordering the clerk of the court is directed to vacate the order of dismissal and judgement 115 , 116 and reopen this case. Plaintiff's request for appointment of counsel 117 is denied. Defendants shall file a pretrial statement within 30 days of the date of this order. (Plummer, M)
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Filing
115
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/03/13 ordering this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)
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Filing
114
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/13 ordering plaintiff's request for court assistance 113 is denied. (Plummer, M)
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Filing
108
ORDER signed by Judge Lawrence K. Karlton and Magistrate Judge Edmund F. Brennan on 7/30/13 ORDERING that any hearing dates currently set before the undersigned are VACATED. IT IS FURTHER ORDERED that the Clerk of the Court reassign this case to the Honorable Edmund F. Brennan, United States Magistrate Judge. All future documents filed in the abovecaptioned case shall reference the following case number: No. Civ. S-09-0631 EFB P.(Dillon, M)
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Filing
101
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/13 ORDERING that within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. De fendants shall file a pretrial statement not later than 30 days after the filing of plaintiffs statement. Pretrial conference (as described in Local Rule 282) will be conducted on the file only, without appearance by either party. The date for jury trial before the assigned district judge will be set in the pretrial order.(Dillon, M)
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Filing
100
ORDER signed by Magistrate Judge Edmund F. Brennan on 05/09/13 ordering the parties to this action shall each, no later than 30 days from the date of this order, submit confidential statements as decribed below. The confidenital statments shall not be served on the opposing party or filed with the court, but instead, delivered by mai, 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. (see order for further details)(cc: ADR Director)(Plummer, M)
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Filing
98
ORDER signed by Judge Lawrence K. Karlton on 5/7/13 ORDERING that the findings and recommendations filed 3/26/13, are adopted in full; Defendants' 8/3/12 motion for summary judgment is granted as to defendants Brown, Marsh, Watkins, and Felker ; and this action proceeds only on plaintiff's requests for damages and injunctive relief based on the following claims: an Eighth Amendment claim against defendants Perry, Hook, Lower, Handshumacker, and Ramsey based on the escort in freezing temperatures with restraints andminimal clothing; an Eighth Amendment claim against defendants Sanchez and Essman based on the denial of food from 11/25/06 to 11/28/06; an Eighth Amendment claim against defendant Kirkland based on the rough treatment of plaintiff in the holding cell; an Eighth Amendment claims against defendants Kirkland, Kissinger, Sanchez, Garate, and Aurich based on their tampering with/denial of food, and frequent cell searches, resulting in the flooding of plaintiff's cell and bedding and the confiscation or destruction of his toiletries; and a First Amendment retaliation claim against defendants Kirkland,Kissinger, Sanchez, Garate, and Aurich based on their destruction of plaintiff's personal property, mail, and inmate appeals because plaintiff filed, or attempted to file, administrative appeals. (Becknal, R)
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Filing
97
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/26/13 recommending that defendants' 08/03/12 motion for summary judgment be granted as to defendants Brown, Marsh, Watkins, and Felker; and that this action proceed on plaintiff's request for damages and injunctive relief based on the following claims: a)an Eighth Amendment claim against defendants Perry, Hook, Lower, Handshumacker, and Ramsey based on the escort in freezing temperatures with restraints and minimal clothing; b) an Eighth Amendment claim against defendants Sanchez and Essman based on the denial of food from 11/25/06 to 11/28/06; c) an Eighth Amendment claim against defendant Kirkland based on the rough treatment of plaintiff in the hold ing cell; d) an Eighth Amendment claims against defendants Kirkland, Kissinger, Sanchez, Garate and Aurich based on their tampering with/denial of food, and frequent cell searches, resulting in the flooding of plaintiff's cell and bedding and th e confiscation or destruction of his toiletries; and e) a First Amendment retaliation claim against defendants Kirkland, Kissinger, Sanchez, Garate and Aurich based on their destruction of plaintiff's personal property, mail and inmate appeals because plaintiff filed, or attempted to file, administrative appeals. MOTION for SUMMARY JUDGMENT 86 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
85
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2012 ORDERING that defendants' 79 motion for summary judgment is DENIED without prejudice; within 14 days, defendants may re-file and re-serve the 1/27/12 motion for summary judgment a long with the Rand Notice; if defendants re-serve their motion, plaintiff may thereafter file and serve an amended opposition within 30 days; if plaintiff files an amended opposition, defendants may file an amended reply within 14 days thereafter. (Yin, K)
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Filing
84
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/18/12 ordering that the clerk of the court terminate docket entries 72 , 73 and 80 . (Plummer, M)
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Filing
77
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/11 ORDERING that Defendants 74 request for an extension of time, is GRANTED; Defendants 76 notice of withdrawal and motion to strike, is GRANTED, and defendants 75 opposition brief, is STRICKEN. Defendants shall file their oppositions to plaintiffs motions to modify the discovery and scheduling order and to compel discovery, on or before December 12, 2011.(Dillon, M)
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Filing
71
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/30/11 ORDERING that 65 "proposed motion for discovery" is STRICKEN and the Clerk ofthe Court shall make a notation on the docket to that effect; 67 Motion for Extension of time is GRANTED. (Dillon, M)
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Filing
61
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/2011 ORDERING that Pltf's 59 Motion to Stay Discovery is GRANTED. The discovery deadlines set forth in the 5/23/2011 order are VACATED. The dispositive motion deadline set forth in the 3/30/2011 order is VACATED. Pltf shall inform the court, within 7 days, of his return to the CSATF or other CDCR institution. Thereafter, the court will issue an amended discovery and scheduling order for the completion of discovery and filing of dispositive motions. (Zignago, K.)
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Filing
58
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/23/2011 ORDERING 50 Motion to Stay Discovery is GRANTED to the extent that the 3/30/2011 discovery and scheduling order is modified as provided in this order; denying 55 Motion to Appoint Counsel; denying 56 Motion for an interpreter. (Waggoner, D)
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Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2011 GRANTING dfts' 52 request to conduct pltf's deposition via video-conference. (Yin, K)
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Filing
49
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/05/11 granting 40 Motion to Amend the Complaint. Defendants are excused from responding to an amended complaint, should it be filed, as it will state no new allegations against them. The clerk of the court is directed to send plaintiff a copy of the complaint filed 03/06/09. (Plummer, M)
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Filing
47
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/30/11 ORDERING that 44 Order to Show Cause is DISCHARGED. (Dillon, M)
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Filing
46
ORDER signed by Senior Judge Lawrence K. Karlton on 3/25/11 ORDERING the findings and recommendations 42 are adopted in full; and Defendants' motion to dismiss for failure to exhaust administrative remedies 23 is denied.(Becknal, R)
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Filing
44
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/16/2011 ORDERING dfts to Show Cause, w/in 14 days, as to why it was proper for them to file pltf's unredacted medical records w/ the court.(Yin, K)
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Filing
42
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/28/11 RECOMMENDING that 23 Motion to Dismiss for failure to exhaust administrative remedies be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
41
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/08/10 ORDERING that Plaintiff's 11/24/10 REQUEST for appointment of Counsel 39 is DENIED.(Mena-Sanchez, L)
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Filing
18
ORDER denying 17 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 5/3/10. (Kaminski, H)
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Filing
16
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/12/10 ordering that plaintiff's claims against all remaining defendants are dismissed without prejudice. (C Aston; L Balding; C. Barcus; J. Barron; J Barton; F Bates; Beasly; L Betti; Cag le; K Callison; J Colman; S Conway; D Cooper; G Crowe; Dangler; M. DeForest; Dhrlingue; J Ehrigich; D Eldridge; D Fletcher; R Gardiner; M Garrison; Gill; D Guilbeax; K. Gullion; Hays; Homes; B Hurlbert; Jackson; M Johnston; G Jones; S Jones; R Kampa; J Kelly; T Kich; K Kingsley; K. Lawrence; J Little; Logan; G. Marshall; Menner; E Meraz; D Milbride; Mowry; T. Perez; D Phang; B Phelps; D Pittman; D Probst; J Ramsey; Renner; C Ringer; R Robison; P Sherman; K Silva; J Smith; O. Smith; T Smith; S. Spalding; M. Speiker; Stalter; Stone; S Summer; C Walker; H. Weaver; M Williams; L Wolcott; R Wong; Wright; S Acton and R Adams terminated.)(Plummer, M)
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Filing
9
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 20 days. Service is appropriate for Watkins, Perry, Hook, Lower, Hanshumaker, Ramsey, Sanchez, Essman, Kirkland, Garate, Kissinger, Marsh, Brown, Aurich, and Felker. Clerk to send plaintiff: 1 Summons, 15 USM-285 Forms, and 1 copy of the Amended Complaint filed on 3/26/09. Plaintiff's 8 Motion to proceed IFP is GRANTED.(Dillon, M)
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