Baldwin v. California Department of Corrections and Rehabilitation et al
Plaintiff: Greogry V. Baldwin
Defendant: California Department of Corrections and Rehabilitation, J. Fannon, M. Gray, R. Barton and Deputy Warden of HDSP
Case Number: 2:2009cv00711
Filed: March 16, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Lassen
Presiding Judge: William B. Shubb
Presiding Judge: Gregory G. Hollows
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
October 21, 2020 Opinion or Order Filing 181 USCA MANDATE: The judgment of this Court, entered June 25, 2020, takes effect this date. (Kaminski, H)
May 19, 2015 Opinion or Order Filing 173 ORDER signed by Judge Kimberly J. Mueller on 05/19/15 ORDERING that the 170 , 172 transcript request is DENIED. Any further relief must be sought from the United States Court of Appeals for the Ninth Circuit. (Benson, A)
October 2, 2014 Opinion or Order Filing 153 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Kimberly J. Mueller on 10/2/14 ORDERING the Custodian to produce Gordon Bruce, T-53273, at 9:00 am on 10/6/14 in Courtroom 3 before Judge Kimberly J. Mueller. 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)
September 16, 2014 Opinion or Order Filing 122 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 9/15/2014 ORDERING the custodian to produce Gregory Baldwin #P-55718, to testify in USDC at 9:00 A.M. on October 6, 2014 in courtroom #3, before Judge Kimberly J. Mueller; and 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. (cc: OTCD-SAC) (Yin, K)
September 10, 2014 Opinion or Order Filing 119 ORDER signed by Judge Kimberly J. Mueller on 9/9/14 ORDERING that the parties shall meet and confer to discuss whether they will consent to trial before a magistrate judge and shall inform the court of any consent no later than 9/15/2014. Motions in limine are due 9/22/2014, with oppositions due 9/29/2014. Motions in limine will be decided before jury selection on the first day of trial. The parties shall exhaust the possibility of settlement and report any settlement to the court no later than 9/15/2014. Jury trial is set for 10/6/2014 at 9:00 a.m. in Courtroom 3, before District Judge Kimberly J. Mueller. Trial is anticipated to last two to three days. Each party is granted 14 days from the date of this order to file objections to the same. If no objections are filed, the order will become final without further order of this court. (Kastilahn, A)
February 5, 2014 Opinion or Order Filing 109 ORDER signed by District Judge Kimberly J. Mueller on 2/4/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Rachael Smith is GRANTED. (Crouch, J)
March 29, 2013 Opinion or Order Filing 103 STIPULATION and PROPOSED ORDER 102 signed by Judge Kimberly J. Mueller on 3/28/13 ORDERING that the further scheduling order 94 is modified as follows: Trial is continued to 12/2/2013, at 9:00 a.m. in Courtroom 3; The pretrial conference is c ontinued to 10/17/2013, at 3:30 p.m. in Courtroom 3; A joint pretrial statement is due no later than 14 days before the pretrial conference; Discovery is reopened for the limited purpose of permitting Plaintiff's to depose Defendants Barton, F annon, and Gray and to obtain Plaintiffs medical records; If the parties determine that medical expert testimony will be necessary at trial, the parties shall make expert disclosures by 7/29/2013; Any rebuttal or supplemental reports shall be due by 8/23/2013; Fact discovery must be completed by 8/2/2013, and expert discovery must be completed by 9/30/2013. (Kastilahn, A)
February 13, 2013 Opinion or Order Filing 100 APPOINTMENT ORDER signed by Judge Kimberly J. Mueller on 2/12/2013 ORDERING that Randall Haimovici, Amir Nassihi and Rachael Smith are appointed as pro bono counsel in this matter. Counsel shall notify Sujean Park if they have any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon plaintiff and upon Randall Haimovici, Amir Nassihi and Rachael Smith, Shook Hardy & Bacon, LLP, 1 Montgomery Street, Suite 2700, San Francisco, California 94104. (Zignago, K.)
January 24, 2013 Opinion or Order Filing 95 ORDER signed by Judge Kimberly J. Mueller on 1/23/13 granting 91 Motion to Appoint Counsel and refers the case to Sujean Park, the court's pro bono coordinator. Pretrial Conference set for 4/18/2013 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Kaminski, H)
November 26, 2012 Opinion or Order Filing 94 FURTHER SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 11/21/12 ORDERING Plaintiff to file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 2/5/13. Defendants shall file their pretrial statement on or before 2/22/13. The parties are advised that failure to file a pretrial statement may result in the imposition of sanctions, including dismissal of this action. Pretrial conference (as described in Local Rule 282) is set in this case for 3/1/2013. Trial Confirmation Hearing set for 4/18/2013 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; Jury Trial set for 6/24/2013 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Meuleman, A)
September 27, 2012 Opinion or Order Filing 90 ORDER signed by Judge Kimberly J. Mueller on 9/27/2012 FINDINGS AND RECOMMENDATIONS 88 are ADOPTED except for page 5, lines 11-22, and page 9, lines 14-20; 2. Plaintiff's 80 defective cross- motion for summary judgment, is DENIED as wholly d eficient; Defendants' motion for summary judgment # 77 , is DENED in PART and GRANTED in PART; DENIED as to defendants Fannon, Gray and Barton and GRANTED as to defendants McDonald and Gower; Plaintiff's claims for injunctive relief are DIS MISSED as MOOT; specifically with respect to any claim for lost time credits, that claim is DISMISSED as barred in an action under 42:1983; and this action will now proceed against defendants Fannon, Gray and Barton on plaintiff's claims for money damages only.(Reader, L)
August 16, 2012 Opinion or Order Filing 88 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/16/12 ORDERING that plaintiffs putative second and belated crossmotion for summary judgment 82 is deemed a reply to defendants opposition to plaintiffs cross- motion for summary judgment 80 and the Clerk of the Court is to note this in the docket entry for docket 82 . It is RECOMMENDED that Plaintiffs defective [cross-]motion for summary judgment, 80 be denied as wholly deficient. Defendants motion f or summary judgment, 77 be denied in part and granted in part: DENIED as to defendants Fannon, Gray and Barton and GRANTED as to defendants McDonald and Gower; Plaintiffs claims for injunctive relief be dismissed as moot, and, specifically with res pect to any claim for lost time credits, that claim be dismissed as inapposite; This action proceed against defendants Fannon, Gray and Barton on plaintiffs claims for money damages only. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
July 12, 2012 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/11/2012 ORDERING that plaintiff is provided 21 days to file additional evidentiary submissions if he wishes, but it is not required. There will be no extensions of time.(Yin, K)
December 5, 2011 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/2/11 ORDERING that plaintiffs motion to compel discovery 66 , is DENIED as moot as to the location of one of his named witnesses, Inmate Bruce, and as insufficiently supported and untimely as to the location of Inmate Brucaga and as to the report by psychologist Dr. Jenesky. Plaintiffs 68 request for the appointment of counsel is DENIED. The date for the filing of all pretrial motions, except motions to compel discovery, is now re-set to be 2/15/12. Motions shall be briefed in accordance with paragraph 7 of this courts orders filed on 6/16/09, and on 10/6/09.(Dillon, M)
November 10, 2011 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/9/11 GRANTING defendants' 70 motion and the 59 Discovery and Scheduling Order is VACATED; the court will issue a new scheduling order and deadline to file pretrial motions, except motions to compel discovery, after it rules on plaintiff's pending 66 motion to compel discover. (Yin, K)
August 3, 2011 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/11 DENYING without prejudice 60 Motion for discovery and judicial intervention; Discovery is re-opened for the limited purpose of permitting plaintiff to clearly set forth in a motion to co mpel discovery, within 28 days of the date of this order, what steps he has taken to obtain the inmate addresses he seeks for the purpose of corresponding to his prospective inmate witnesses to obtain affidavits in support of his claims and to demonstrate his efforts to obtain a copy of a July, 2008 report from a psychologist named Dr. Jenesky. (Dillon, M)
May 26, 2011 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/25/11 granting 62 Motion for an order to take plaintiff's deposition by remote means. Defendants may take plaintiff's deposition by video conference or telephone if their counsel in unable to personally appear at the deposition. (Plummer, M)
January 5, 2011 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Gregory G. Hollows on 01/05/11 ordering the stay of this matter is lifted, nunc pro tunc, and pursuant to the court's order filed on 12/10/09, as of 11/29/10. Defendants must show cause within 7 days for their failure to comply with the court's order filed on 12/10/09, and must also file any responsive pleading within that time. Plaintiff's motion to move forward filed on 12/27/10 52 is vacated as moot. (Plummer, M)
December 10, 2009 Opinion or Order Filing 46 ORDER signed by Judge William B. Shubb on 12/09/09 ORDERING that the findings and recommendations filed October 23, 2009, are adopted in full; Defendants' October 16, 2009 42 request for stay of this action pending resolution of the interlocutory appeal in this matter is granted; and Defendants are granted an extension of time until fourteen (14) days following the Ninth Circuit's ruling on the interlocutory appeal to file a responsive pleading. (Becknal, R)
October 23, 2009 Opinion or Order Filing 44 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/22/09. It is ORDERED that dfts are granted an extension of 7 days after the district judge rules on these F&R's to file a responsive pleading, should the reqeust for stay be denied. Its RECOMMENDED that 42 Motion to Stay be granted, pending the interlocutory appeal; defts be granted an extension of 14 days following the Ninth Circuit's ruling on appeal to file a responsive pleading. Objections due within 20 days. (Owen, K)
October 6, 2009 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/09 DIRECTING USM to serve Complaint filed on 3/16/09, on Michael McDonald and R.A. Gower, Deputy Warden of HDSP. Within ten days from the date of this order, the USM is directed to notify defendants of the commencement of this action. (Dillon, M)
September 2, 2009 Opinion or Order Filing 34 ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gregory G. Hollows on 9/1/09. The clerk to send pltf forms for service to be completed and returned w/in 60 days along w/ the Notice of Submission.(Yin, K)
July 30, 2009 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/29/09 DENYING 28 Motion to Appoint Counsel. (Dillon, M)
July 23, 2009 Opinion or Order Filing 27 ORDER signed by Judge William B. Shubb on 7/22/09 ORDERING that the 20 findings and recommendations filed June 10, 2009, are adopted in full and Plaintiff's 8 motion for emergency injunctive relief, filed on 5/13/09, seeking to be transferred to another prison facility, is DENIED. (Duong, D)
July 14, 2009 Opinion or Order Filing 26 ORDER signed by Judge William B. Shubb on 7/13/09 ORDERING that the 11 findings and recommendations are ADOPTED in full; the California Department of Corrections and Rehabilitation is DISMISSED as a defendant from this action with prejudice. (Gaydosh, J)
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Search for this case: Baldwin v. California Department of Corrections and Rehabilitation et al
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Plaintiff: Greogry V. Baldwin
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Defendant: California Department of Corrections and Rehabilitation
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Defendant: J. Fannon
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Defendant: M. Gray
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Defendant: R. Barton
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Defendant: Deputy Warden of HDSP
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