Abreu v. Braga, et al

Plaintiff: Armando Abreu
Defendant: F. Braga, R. Diamond, Rosanne Campbell and California Department of Corrections and Rehabilitation
Case Number: 2:2009cv00763
Filed: March 18, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:1441 Petition for Removal- Civil Rights Act

Available Case Documents

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

Date Filed Document Text
August 22, 2011 Opinion or Order Filing 99 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/22/11 RECOMMENDING that 81 MOTION to revoke plaintiff's in forma pauperis status and dismiss this action, be denied; referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Dillon, M)
June 23, 2011 Opinion or Order Filing 97 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/22/11 recommending that defendant Robinson be dismissed from this action without prejudice re 19 Amended Prisoner Civil Rights Complaint filed by Armando Abreu. Objections to the findings and recommendation are due within 14 days. (Matson, R)
June 21, 2011 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/11 ORDERING that 53 Motion for sanctions is DENIED; Plaintiffs 55 Reply to Counterclaim, is DISREGARDED; 78 Motion to Compel is DENIED. (Dillon, M)
May 19, 2011 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/19/11 granting 93 Motion for modification of the scheduling order and the current 04/29/11 dispositive motion deadline. The court will issue an amended scheduling order following disposition of defendants' pending motion to revoke plaintiff's in forma pauperis status. (Plummer, M)
January 13, 2011 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/2011 DENYING pltf's 54 motion for summary judgment; and DENYING pltf's 71 motion for disqualification of the Magistrate Judge. (Yin, K)
January 12, 2011 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/2011 DENYING Pltf's 72 and 73 Motions for Protective Order. Counsel for Dfts shall provide a copy of this order to Pltf at the deposition on 1/14/2011. (Zignago, K.)
December 8, 2010 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/8/10 DIRECTING PLAINTIFF TO SUBMIT one USM-285 form for defendant Robinson within 30 days. Plaintiffs October 25, 2010 request for an order permitting service by publication is denied.(Dillon, M)
August 23, 2010 Opinion or Order Filing 40 ORDER signed by Judge Frank C. Damrell, Jr on 8/20/2010 ORDERING 31 FINDINGS AND RECOMMENDATIONS ARE ADOPTED IN FULL; 18 Motion for Preliminary Injunction is denied; and claims against Reyes are dismissed from this action. (Matson, R)
June 24, 2010 Opinion or Order Filing 32 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Armando Abreu signed by Magistrate Judge Edmund F. Brennan on 6/4/2010. CDC is to collect an initial partial filing fee of $2.80 and thereafter the balance and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
April 30, 2010 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/2010 ORDERING Defendant Bragas February 1, 2010 motion to dismiss is denied as moot. Plaintiff's 2/10/2010 request for an extension of time is denied as moot. Plaintiff's 2/11/2010 motion to amend is denied as moot. The allegations in the 2/10/2010 amended complaint are sufficient at least to state cognizable Fourteenth Amendment due process claims against defendants Braga, Robinson and Campbell. Plaintiff's claim against Reyes, as well as his equal protection, Eighth Amendment and ADA claims are dismissed with leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to attempt to state a cognizable claim against Reyes, as well as an equal protection, Eighth Amendment and/or ADA claim. Plaintiff is not obliged to amend his complaint. The Clerk of the court is directed to send to plaintiff a form Application to Proceed In Forma Pauperis by a Prisoner. (Matson, R)
January 27, 2010 Opinion or Order Filing 14 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/26/2010 ORDERING that pltf's 8 , 10 motions to amend/supplement the cmplt are DENIED as unnecessary; claims against dft CDCR, as well as pltf's Fift h Amendment, Sixth Amendment and equal protection claims are DISMISSED, pltf may file an amended cmplt in accordance w/ this order; the remaining allegations are sufficient at least to state a cognizable claims against dfts Braga, Diamond and Campbel l; dfts shall, w/in 30 days, file a response to the cmplt as herein, should pltf choose to amend, he must do so no later than 21 days after dfts' response; pltf is not obligated to amend his cmplt; the clerk to randomly assign a US District Judg e to this case and to send the parties copies fo the form re consent to proceed before a US Magistrate Judge; and RECOMMENDING that pltf's 3 , 4 , 12 requests for remand be denied. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days. (Yin, K)

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Plaintiff: Armando Abreu
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Defendant: F. Braga
Represented By: Stanton W. Lee
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Defendant: R. Diamond
Represented By: Stanton W. Lee
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Defendant: Rosanne Campbell
Represented By: Stanton W. Lee
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Defendant: California Department of Corrections and Rehabilitation
Represented By: Stanton W. Lee
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