Francis v. Cate, et al.
| John Francis |
| Matthew Cate, Christina Baca, N. Grannis, M Shea, Jeremy Riker, Michelle Street, Medoza, A. Pomazal, Newman and David Snell |
| 2:2009cv00640 |
| March 9, 2009 |
| U.S. District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Lassen |
| Gregory G. Hollows |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
105
ORDER signed by Judge John A. Mendez on 12/11/2012 re: 103 Proposed Order filed by A. Pomazal, Christina Baca, Michelle Street, Jeremy Riker; ORDERING the entire action is DISMISSED with prejudice forthwith; each side to bear their own attorney's fees and costs. (Waggoner, D)
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Filing
92
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/24/2012 ORDERING the custodian to produce John Francis #B-88755, to testify in USDC at 9:00 AM on 12/10/2012 in courtroom #6, before Judge Joh n A. Mendez; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden of CSP-Corcoran. (cc: OTCD-SAC)(Yin, K)
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Filing
91
ORDER signed by Judge John A. Mendez on 10/3/12 ORDERING Plaintiff's October 1, 2012 motion for an extension of time 90 is granted; Jury trial is continued from October 22, 2012, to December 10, 2012, at 9:00 a.m. in Courtroom #6 before t he undersigned; The September 6, 2012 writ of habeas corpus ad testificandum 89 is vacated; and the Clerk of the Court is directed to serve a copy of this order on the Warden of California State Prison, Corcoran, P.O. Box 3461, Corcoran, California 93212-3461, and the Out-To-Court Desk, California State Prison - Sacramento, P.O. Box 290007, Represa, California 95671. (Matson, R)
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Filing
89
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by signed by Magistrate Judge Kendall J. Newman on 9/5/12 ORDERING the Custodian to produce John Francis at 9:00 am on October 22, 2012 in Courtroom 6. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
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Filing
85
ORDER signed by Judge John A. Mendez on 8/13/12 ORDERING that within thirty days from the date of this order, plaintiff shall file the attached notice of election form indicating whether he wishes to re-open the motion for summary judgment. Failure to timely respond to this order shall be deemed Plaintiffs waiver to the defects in the timing of the notice of the motion for summary judgment, and this case will proceed to trial as scheduled. (Mena-Sanchez, L)
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Filing
82
ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/2012 ORDERING the clerk to send to the C.C.C. Litigation Coordinator a copy of this instant order, 79 inmate Breaux's declaration, and a copy of plaintiff's 79 request to have i nmate witnesses testify at trial; the Litigation Coordinator shall take all steps necessary to obtain a written response from inmate Neil J. Breaux, and to return the response to the court within 14 days. A Notice of Potential Witness form is appended to facilitate this process. (Yin, K)
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Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/12 ORDERING that Plaintiffs February 13, 2012 pretrial statement is deemed timely filed; The February 14, 2012 order granting plaintiff an additional fourteen days in which to file a pretrial statement 73 is VACATED; and within seven days from the date of this order, defendants shall file their pretrial statement. (Dillon, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 2/13/12; IT IS HEREBY ORDERED that: 1. Plaintiff's motion for the appointment of counsel (dkt. no. 69) is denied; and 2. Within fourteen days from the date of this order, plaintiff shall file a pretrial statement that complies with this court's October 14, 2011 order; defendants' pretrial statement shall be filed seven days thereafter. Plaintiff is cautioned that failure to timely file a pretrial statement will result in a recommendation that this action be dismissed. (Matson, R)
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Filing
67
ORDER ADOPTING 61 Findings and Recommendations signed by Judge John A. Mendez on 9/19/2011 GRANTING in part, DENYING in part 57 Motion for Summary Judgment (MSJ); Dft. Baca's MSJ on Pltf's 8th Amendment medical claims is DENIED, Dft. Baca's MSJ on Pltf's due process claims is GRANTED; Dft. Newman's MSJ is GRANTED. Newman terminated. (Michel, G)
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Filing
65
ORDER denying 63 Plaintiff's Motion to Appoint Counsel, signed by Magistrate Judge Kendall J. Newman on 6/23/11. (Kastilahn, A)
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Filing
61
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/25/11 recommending that the 01/04/11 motion for summary judgment 57 be granted in part and denied in part, as follows: Defendant Baca's motion for summary judgment on plaintiff's Eighth Amendment medical claims be denied. Defendant Baca's motion for summary judgment on plaintiff's due process claims be granted. Defendant Newman be granted summary judgment. Motion for Summary Judgment 57 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 01/20/11 ORDERING that plf's 56 Motion for Library Access is DENIED w/o prejudice; plf is GRANTED a 30 day extension to file an opposition to the 57 Motion for Summary Judgment. (Benson, A.)
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Filing
58
ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/11 ORDERING that plaintiffs November 5, 2010 request 55 is denied.(Dillon, M)
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Filing
54
ORDER denying 49 Motion to Compel signed by Magistrate Judge Kendall J. Newman on 10/27/10. (Plummer, M)
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Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/2010 ORDERING that pltf's 44 request will be placed in the court file and DISREGARDED.(Yin, K)
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Filing
41
ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2010 ORDERING that w/in 14 days, dfts Pomazal and Riker shall pay the USM the sum of $175.13 each, unless w/in that time, each dft files a written statement showing good causse for his failure to waive service; the clerk to serve a copy of this order on the USM. (cc: USM) (Yin, K)
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Filing
35
ORDER denying 34 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 04/30/10. (Plummer, M)
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Filing
31
ORDER denying 29 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 04/06/10. (Plummer, M)
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Filing
28
ORDER signed by Judge John A. Mendez on 3/31/2010 ADOPTING 23 Findings and Recommendations in full. Dft Snell is DISMISSED from this action without prejudice. (Engbretson, K.)
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Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/10 DENYING 25 Motion to Appoint Counsel.(Dillon, M)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/19/2010 RECOMMENDING that dft Snell be dismissed from this action w/out prejudice. Referred to Judge John A. Mendez; Objections to F&R due w/in 21 days. (Yin, K)
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Filing
20
DISCOVERY and SCHEDULING ORDER: signed by Magistrate Judge Gregory G. Hollows on 12/03/09. Discovery due by 4/2/2010. Dispositive Motions due by 8/20/2010. (Plummer, M) Modified on 12/7/2009 (Plummer, M).
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Filing
13
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/09 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for David Snell. 1 USM-285 Forms, and 1 copy of the Complaint filed on 3/9/09. Within 60 days from the date of this order, plaintiff shall complete and submit the Notice of Submission of Documents to the court, with the appropriate documents.(Dillon, M)
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Filing
11
ORDER DIRECTING USM to serve process w/in 10 days on dfts Newman, David Snell, Christina Baca, Jeremy Riker, Michelle Street, and A. Pomazal signed by Magistrate Judge Gregory G. Hollows on 8/3/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the cmplt and this order. The clerk shall also send pltf a copy of the Local Rules. (cc: USM) (Yin, K)
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Filing
9
ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gregory G. Hollows on 7/6/09. Service is appropriate for Newman, David Snell, Christina Baca, Jeremy Riker, Michelle Street, A. Pomazal. Clerk to send plaintiff: 1 Summons, instruction sheet, 6 USM-285 Forms, and a copy of the Complaint filed on 3/9/09. Defendants Mendoza, Cate, Grannis and Shea are DISMISSED from this action. (Dillon, M)
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