Martinez v. Hoover, et al
| Archie A Martinez |
| G. Hoover, J. C. Blim, Olivas, Sylvia Garcia, Kinip, M. D. Cook, B. Mann, Carlt, Gilkes, Snichman, L. Schultz, Monow, Parlimon, David S Clark, Grillo, Donald B. Thorton, Bulanon, Williams, Leullean, Dahmes, W. Hshimoto, Smith, R. Todd and Akintola |
| 2:2009cv00680 |
| March 12, 2009 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Sacramento |
| Craig M. Kellison |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
101
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2017 DISMISSING defendants G. Hoover, Morton, Olivas, Standford, Akintola and J. C. Blim from this action. (Hunt, G)
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Filing
97
ORDER and WRIT OF HABEAS CORPUSDefendants. AD TESTIFICANDUM signed by District Judge Kimberly J. Mueller on 7/6/17, ORDERING the Custodian to produce Archie A. Martinez at 9:00 a.m. on 10/18/2017 in Courtroom 25 before Magistrate Judge Kendall J. Ne wman. The 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. The Clerk shall serve a copy of this order and writ on the Custodian and Out-To-Court Desk. (cc: OTCD) (Kastilahn, A)
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Filing
95
ORDER signed by District Judge Kimberly J. Mueller on 7/6/2017 APPOINTING David R. Johanson as attorney for Plaintiff for the limited purpose of settlement. (Donati, J)
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Filing
94
ORDER signed by District Judge Kimberly J. Mueller on 6/15/17 ORDERING that the FINDINGS AND RECOMMENDATIONS 91 are not adopted; This matter is referred to Sujean Park, Pro Bono Coordinator for the EDCA, to seek the voluntary assistance of couns el for Plaintiff for the limited purpose of representing Plaintiff at a settlement conference to be set by subsequent court order; and This matter is STAYED except for appointment of counsel and setting of a court-convened settlement conference until after the conclusion of settlement proceedings.(Mena-Sanchez, L)
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Filing
93
ORDER signed by Magistrate Judge Craig M. Kellison on 03/27/17 ordering that the document docketed as objections to findings and recommendations 92 is stricken as unsigned in violation of Rule 11. (Plummer, M)
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Filing
91
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 11/22/2016 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)
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Filing
90
ORDER signed by Magistrate Judge Craig M. Kellison on 10/7/2016 VACATING the 9/15/2016 findings and recommendations 88 . Plaintiff shall file a status report as previously ordered within 30 days; and the Clerk shall send plaintiff a copy of teh 8/5/2016 order. (Yin, K)
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Filing
88
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 9/15/2016 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
86
ORDER signed by Magistrate Judge Craig M. Kellison on 8/5/16 ORDERING that plaintiff's request for the appointment of counsel is DENIED; Plaintiff shall file a status report, within 20 days, informing the court what discovery he still needs to complete, how much time he needs to complete his discovery, and how much time he may need to file any dispositive motions he may file; and defendants shall file a status report, within 35 days, informing the court what discovery they need to complete, how much time they need to complete the discovery, and how much time is needed to file any dispositive motions.(Dillon, M)
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Filing
84
ORDER signed by Magistrate Judge Craig M. Kellison on 9/30/2013 GRANTING 76 Motion to Vacate and DENYING 79 & 80 Motions to Strike. A new scheduling order will be issued by the undersigned at the appropriate time. (Donati, J)
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Filing
83
ORDER signed by Judge Kimberly J. Mueller on 4/30/13: The court declines to adopt the findings and recommendations 70 . This case is remanded to the magistrate judge to reconsider plaintiff's motion in light of this order. (Kaminski, H)
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Filing
73
ORDER signed by Magistrate Judge Craig M. Kellison on 8/31/12. On August 28, 2012, the court ordered plaintiff to pay to defendants, through their counsel, $3,503.96 as sanctions. The order is clarified in that such sanctions are required to be paid within 30 days of the date of this order. Failure to comply could result, on proper motion, in dismissal of the action as a further sanction.(Dillon, M)
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Filing
70
ORDER signed by Magistrate Judge Craig M. Kellison on 8/27/12 ORDERING that Plaintiffs motion for a stay of proceedings 61 is DENIED; Plaintiffs motions for the appointment of counsel 62 , 63 , and 65 are DENIED; Defendants motion to compel [66 ] is GRANTED; Plaintiff is ordered to attend his next properly noticed deposition; Plaintiff is ordered to pay to defendants, through their counsel, the sum of $3,503.96 as reasonable expenses under Federal Rule of Civil Procedure 37(d)(3); The time to conduct discovery is extended to December 3, 2012; and Dispositive motions are due within 90 days from the discovery cut-off date. (Dillon, M)
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Filing
57
ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/11 ordering plaintiff's motion for a referral to mediation is denied without prejudice. (Plummer, M)
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Filing
54
ORDER signed by Judge Kimberly J. Mueller on 9/28/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/6/11 53 are ADOPTED in full; Defendants' MOTION TO DISMISS 32 is GRANTED in part and DENIED in part. This Action shall proceed on Pla intiff's excessive force retaliation and medical tratment claims. Defendant's MOTION to STRIKE 48 is GRANTED, and Plaintiff's MOTION for leave to file a surreply 49 and Request for additional time in which to do so 46 are DENIED. (Mena-Sanchez, L)
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Filing
53
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 09/02/11 RECOMMENDING that the 32 Motion to Dismiss be granted in part and denied in part as detailed in the order; that dft's 48 Motion to Strike be granted and that plf's 49 Motion for Leave to File a Surreply and 46 Request for Additional Time should be denied; Objections to these F&Rs due w/i 14 days; referred to Judge Kimberly J. Mueller. (Benson, A.)
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Filing
52
ORDER signed by District Judge Kimberly J. Mueller on 8/13/2011 ORDERING that the 43 motion for reconsideration is DENIED as untimely. No further motions for reconsideration of the magistrate judge's August 16, 2010, or October 1, 2010, orders will be considered. (Duong, D)
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Filing
51
ORDER signed by Magistrate Judge Craig M. Kellison on 05/12/11 granting 42 Motion to rescind his consent. Plaintiff's consent to the jurisdiction of the undersigned magistrate judge is deemed withdrawn. The clerk of the court shall randomly assign a district judge to this case and update the docket to reflect the new case number. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. The case number is 2:09-cv-0680 KJM CMK (PC). (Plummer, M)
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Filing
41
ORDER signed by Magistrate Judge Craig M. Kellison on 11/03/10 denying 39 Motion for a court order to access the law library. Plaintiff's response to the pending motion to dismiss shall be filed within 30 days of the date of this order. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Craig M. Kellison on 09/30/10 denying 31 Motion for Reconsideration of the order denying the appointment of or referral to counsel. (Plummer, M)
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Filing
33
ORDER signed by Magistrate Judge Craig M. Kellison on 9/14/10 ORDERING that plaintiff shall promptly seek additional information sufficient to effect service on any unserved defendants and notify the court once such information is ascertained. (Dillon, M)
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Filing
29
ORDER denying 25 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 08/13/10. (Plummer, M)
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Filing
26
ORDER signed by Magistrate Judge Craig M. Kellison on 06/30/10 ordering plaintiff's claims for deliberate indifference to his medical condition under the Eighth Amendment, related to the treatment for diabetes, are dismissed for failure to state a claim upon which relief can be granted. Defendants Cook, Mann, Carh, Gilkes, Snichman, Schultz, Monow, Parlimon, Clark, Grillo, Thorton, Bulanon, Williams, Dahmes, Hashimoto, Naleboru and Lieullean are dismissed from this action. The clerk of th e court is directed to terminate Kinip, Smith, and Todd, as defendants on the docket, as they are not named in plaintiff's amended complaint. This action will proceed against defendants Hoover, Blim, Olivas, Garcia, Morton, Standford and Akintola only, as addressed by separate order.(Plummer, M)
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Filing
20
ORDER to SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 5/4/10. Plaintiff shall show cause in writing, within 30 days of the date of this order, why these claims should not be dismissed for failure to state a claim. (Dillon, M)
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Filing
16
ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/09 ORDERING that pltf may file an amended complaint within 30 days. (Owen, K)
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