Xavier v. Roche et al
| Gary Raymond Xavier |
| S.M. Roche, M. French, J. Friend, Kirk Kaiser, D. Holland, L. Dial, D. Carbatt, B. Flous, D. Hahn, C.O. Delgado and D. Stalter |
| 2:2009cv00783 |
| March 20, 2009 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Monterey |
| Kimberly J. Mueller |
| Kimberly J. Mueller |
| 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
164
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/31/2018 DISMISSING matter with prejudice as to all defendants pursuant to Fed. R. Civ. P. 41(a). Each party to bear own attorney's fees and costs. CASE CLOSED. (Henshaw, R)
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Filing
154
CONSENT ORDER GRANTING SUBSTIUTION OF ATTORNEY signed by Magistrate Judge Carolyn K. Delaney on 08/18/17 ordering that Attorney Chijioke O. Ikonte is added in as attorney for plaintiff Gary R. Xavier. (Plummer, M)
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Filing
152
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUEED signed by Magistrate Judge Carolyn K. Delaney on 08/17/17 ORDERING the previous order and writ of habeas corpus ad testificandum 148 is hereby vacated. Custodian is ordered to prod uce Gary R. Xavier on 8/22/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman, Custodian is ordered to notify the court of any changes is custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this writ on the Custodian and Out to Court Desk. (cc: KJN and OTCD)(3 certified copies of writ sent to the Warden, SVSP)(Courtesy copy sent to Lit Coordinator at SVSP by fax at 831-678-5544)(Courtesy copy sent by email to marylouise.wilkerson@cdcr.ca.gov). (Plummer, M) Modified on 8/17/2017 (Plummer, M).
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Filing
148
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 06/15/17 ordering the Custodian to produce Gary R. Xavier by videoconference on 08/22/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Ken dall J. Newman. 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 writ on the Custodian. (cc: KJN and I.T. Dept, Sacramento)(Plummer, M) Modified on 6/15/2017 (Plummer, M).
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Filing
144
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/08/17 ordering ( Settlement Conference set for 8/22/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential set tlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlemen t statement to arrive not less than seven days prior to the settlement conference, addressed to Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814. The envelope shall be marked Settlement Statement. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (cc: KJN)(Plummer, M)
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Filing
127
ORDER signed by District Judge Kimberly J. Mueller on 09/22/16 ordering the findings and recommendations filed 7/11/16 121 are adopted in full; and defendants' motion for summary judgment 114 is granted as to defendant Friend and denied as to defendant Weaver. (Plummer, M)
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Filing
126
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/12/16 denying 124 Motion to Appoint Counsel and granting 123 Motion for Extension of time. Plaintiff's objections to the findings and recommendations filed on 08/04/16 are deemed timely. Defendants' reply, if any, shall be filed within 7 days from the date of this order. (Plummer, M)
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Filing
121
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/11/2016 RECOMMENDING that defendants' 114 Motion for Summary Judgment be granted as to defendant Friend and denied as to defendant Weaver. Motion referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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117
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/5/2016 DENYING plaintiff's 115 request for the appoint counsel. (Yin, K)
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Filing
107
ORDER denying 105 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 08/25/15. (Plummer, M)
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Filing
103
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/29/15 granting 101 Motion to re-open discovery. Discovery is due by 08/14/15. All requests for discovery shall be served not later than 60 days prior to that date. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 11/13/15. (Plummer, M)
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Filing
100
ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/03/15 denying 98 Motion to Appoint Counsel and denying 95 Motion for Extension to file a reply. (Plummer, M)
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Filing
82
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/14 granting 80 Motion for clarification. (Dillon, M)
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Filing
81
ORDER signed by Judge Lawrence K. Karlton on 7/22/14 ORDERING that the findings and recommendations filed June 5, 2014, are adopted; and Defendant Debbie Holland is dismissed from this action. (Becknal, R)
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Filing
77
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/5/14 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for J. Friend. Clerk to send plaintiff: 1 Su mmons, 1 USM-285 Form, and 1 copy of the Amended Complaint filed on 5/19/14. Plaintiffs motion to file a fourth amended complaint (ECF No. 73 ) is GRANTED; Clerk of Court shall change the docket of ECF No. 74 to Fourth Amended Complaint"; it is RECOMMENDED that defendant Debbie Holland be dismissed from this action with prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (Dillon, M)
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Filing
72
ORDER signed by Judge Lawrence K. Karlton on 5/14/2014 ORDERING 71 Motion for Reconsideration is GRANTED; Plaintiff is granted thirty days from the date of this order in which to file either a supplemental motion pursuant to Fed. R. Civ. P. 56(d) in accordance with this order or an opposition to defendants motion for summary judgment. (Waggoner, D)
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Filing
68
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/20/14 denying 66 Motion for Extension and denying 67 Motion to Appoint Counsel. Plaintiff is granted 30 days from the date of this order to file an opposition or statement of non-opposition to defendants motion for summary judgment. (Plummer, M)
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Filing
64
ORDER signed by Judge Lawrence K. Karlton on 12/10/2013 ORDERING that Plaintiff's 61 Motion for Reconsideration is DENIED. (Zignago, K.)
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Filing
59
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/17/13: Within fourteen days from the date of this order defendant Holland shall pay to the United States Marshal the sum of $63.00. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (cc:USM) (Kaminski, H)
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Filing
54
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/12/2013. Within 14 days of date of Order, Gary Raymond Xavier's appointed counsel will file response to plaintiff's 50 assertions, specifically addressing history of communicating with plaintiff over course of litigation. (Marciel, M)
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Filing
44
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/28/2013 ORDERING that the 42 findings and recommendations are VACATED; the Clerk to send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. ( 1 Summons, 2 USM-285 Forms and an instruction sheet served on plaintiff's counsel, A. Bolanos.) (Yin, K)
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Filing
42
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/18/12 RECOMMENDING that this action be dismissed without prejudice. 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 Carolyn K. Delaney on 11/8/2012 ORDERING plaintiff to SHOW GOOD CAUSE within 30 days why his claims against defendants French and Holland should not be dismissed for failure to execute service. (Yin, K)
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Filing
39
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/17/12 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 09/01/11 amended complaint to be completed and returned within 60 days. (Plummer, M)(, copy of this order, 1 USM-285 form, instruction sheet and a copy of the 09/01/11 amended complaint sent to attorney for plaintiff at address of record) Modified on 10/17/2012 (Plummer, M).
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Filing
34
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/21/12 vacating 32 FINDINGS AND RECOMMENDATIONS. The clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons and instruction sheet. Within 30 days from the date of this order, pl aintiff shall complete the attached Notice of Submission and submit it to the court along with a completed summons, 2 completed USM-285 forms and 3 copies of the endorsed complaint filed 09/01/11. (Plummer, M)(Copy of this order, blank summons, instruction sheet and 2 USM-285 forms sent to attorney for plaintiff at address of record) Modified on 6/22/2012 (Plummer, M).
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Filing
32
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/11/2012 RECOMMENDING that this action be dismissed without prejudice. 28 Amended Complaint filed by Gary Raymond Xavier referred to Judge Lawrence K. Karlton. Any party may filed objections to these findings and recommendations within 21 days after being served.(Waggoner, D)
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Filing
31
ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/25/12 ordering the clerk of the court shall return the USM-285 forms and summons submitted by plaintiff on 04/13/12; and within 30 days, plaintiff shall submit to the court the completed USM-285 forms and summons required to effect service. (Plummer, M)(A copy of this order, Summons and USM-285 forms mailed to the attorney for plaintiff at his address of record.) Modified on 4/25/2012 (Plummer, M).
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Filing
27
ORDER signed by Magistrate Judge Carolyn K Delaney on 08/03/11 ordering plaintiff's second amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a third amended complaint. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Craig M. Kellison on 2/4/2011 ORDERING that Aldon Louis Bolanos is appointed counsel for pltf; this matter is SET for status conference on 4/12/2011 at 02:00 PM in Courtroom 25 (CMK) before Magistrate Judge Craig M. Kellison; and the clerk is to serve a copy of this order upon Aldon Bolanos. (Yin, K)
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Filing
18
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/1/2010 ORDERING that this case is REFERRED to the prisoner civil rights pro bono panel administrator for appointment of counsel; the clerk to send a copy of this order on Sujean Park; pltf will be informed as soon as counsel is appointed. (cc: Sujean Park)(Yin, K)
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Filing
17
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/29/09 DENYING 16 Motion to Appoint Counsel. (Dillon, M)
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Filing
5
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/6/09 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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