Carr v. California Department of Corrections & Rehabilitation et al
| Arthur Carr |
| California Department of Corrections & Rehabilitation, H. Her and A.V. Solorzano |
| 2:2009cv00826 |
| March 25, 2009 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Sacramento |
| Gregory G. Hollows |
| 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
227
STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 6/17/2013 DISMISSING CASE with prejudice, pursuant to FRCP 41(a)(l)(A)(ii). CASE CLOSED (Reader, L)
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Filing
222
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/13 ORDERING that 212 and 213 motions to amend the pretrial order are GRANTED; Clerk of the Court is directed to attach to this order the following pages from plaintiffs April 29, 2013 filing (dkt. no. 220 ), pages 2, 3, 5 & 6; and the documents appended to this order identify the exhibits and discovery documents plaintiff seeks to admit at trial. (Dillon, M)
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Filing
218
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 4/11/2013 ORDERING 217 Warden at NKSP to produce Arthur Verrell Carr, #C-66940, a neccessary and material witness in a settlement conference on 6/13/2013 at 01:00 PM in Courtroom #1, at USDC, Sacramento, CA, before Magistrate Judge Craig M. Kellison; WRIT ISSUED (Warden-NKSP, OTCD). (Reader, L)
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Filing
216
ORDER signed by Magistrate Judge Kendall J. Newman on 03/26/13 ordering within 30 days from the date of this order, plaintiff shall complete the attached notice of submission of documents form, along with the attached exhibit list and list of discovery documents, and file it with the court. 7 days thereafter, defendants may file objections, if any, to plaintiff's motion to amend his exhibit list. (Plummer, M)
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Filing
211
ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/2013 DENYING plaintiff's 209 request; and plaintiff is RELIEVED of his obligation to bring a copy of the photographs he intends to submit at trial. (Yin, K)
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Filing
197
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 11/30/12 ORDERING the Custodian to produce Arthur Carr at 1:30 pm on 1/11/13 in Courtroom 10 before Judge Garland E. Burrell, Jr.. 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
196
ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/12 ORDERING that Plaintiffs requests for the appointment of counsel 157 at 2; 159 and 170 are denied; Plaintiffs application 162 is denied; Plaintiffs motion for attendance of witnesses 163 is partially granted; plaintiff may call inmates Green, Woodard, and Holly as witnesses, but his request to call inmate Jones is denied; Plaintiffs motion for extension of time 180 is denied; Plaintiffs motion to strike defenda nts pretrial statement 183 is denied; Plaintiffs October 25, 2012 motion 188 is partially granted; Plaintiffs motion to reopen discovery 189 is denied; Plaintiffs motion for extension of time 190 is denied; and Plaintiffs November 7, 2012 motion 192 is partially granted.(Dillon, M)
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Filing
187
ORDER signed by Magistrate Judge Kendall J. Newman on 110/15/12 GRANTING 185 Motion to file defendants response under seal; Clerk of the Court shall file defendants counsels declaration, signed October 10, 2012, under seal; Clerk of the Court shall send plaintiff a subpoena form.(Dillon, M)
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Filing
181
ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/12 ordering that within 21 days from the date of this order, counsel for defendants shall notify the court whether he can obtain the current address of Michael Soares and, if so, provide the address to the court. (Plummer, M)
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Filing
165
ORDER signed by Judge Garland E. Burrell, Jr on 8/20/12 ORDERING this court finds that it is unnecessary to reopen briefing on the April 4, 2011 motion for summary judgment pursuant to Woods v. Carey. (Matson, R)
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Filing
151
ORDER adopting 149 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 3/20/12 GRANTING in part and DENYING in part 110 Motion for Summary Judgment. Pltf's false report or cover up claim is dismissed without prejudice. (Manzer, C)
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Filing
149
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/24/2012 ORDERING that defendants' 121 motion to strike is DENIED without prejudice; and RECOMMENDING that the 110 motion for summary judgment be granted as to plaintiff's due process claim, and denied in all other respects, and plaintiff's false report cover-up claim be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (Yin, K)
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Filing
141
ORDER granting 140 Motion for Reconsideration signed by Magistrate Judge Kendall J. Newman on 8/8/11: On or before August 29, 2011, plaintiff shall file his opposition to defendants' motions to strike; defendants' reply, if any, shall be filed seven days thereafter. (Kaminski, H)
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Filing
137
ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/11 ORDERING that Plaintiffs 116 motion is GRANTED; Plaintiffs 124 motion to amend the declaration is GRANTED; Plaintiffs 127 motion for extension of time to file a surreply is DENIED; and Plaintiffs 131 and 135 motions for extension of time to file a reply to defendants June 22, 2011 opposition are DENIED. (Dillon, M)
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Filing
136
ORDER signed by Judge Garland E. Burrell, Jr on 7/21/11 ORDERING that the Clerk is directed to have the docket reflect that the Court certifies that plaintiff's appeal of the denial of plaintifff's motion for injunctive relief is frivolous and is not taken in good faith. (cc USCA)(Matson, R)
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Filing
114
ORDER ADOPTING 106 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 5/10/11. 78 Motion for Preliminary Injunction is DENIED. (Manzer, C)
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Filing
108
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 03/18/11 ordering plaintiff's 12/13/10 motion to compel 83 is partially granted. (See order for further details). Plaintiff's 01/27/11 motion to compel [96 ] is denied. Plaintiff's 01/26/11 motion to extend the discovery deadline 94 is denied. No further discovery requests shall be propounded by any party. Plaintiff's 02/18/11 motion to strike 103 is denied. The 04/15/11 pretrial motion deadline is extended to 07/15/11. (Plummer, M) Modified on 3/22/2011 (Plummer, M).
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Filing
107
ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/11 ORDERING that 75 Motion for attendance of incarcerated witness is DENIED without prejudice. (Dillon, M)
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Filing
106
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/10/11 recommending that plaintiff's 11/22/10 motion for injunctive relief 78 be denied. MOTION for INJUNCTIVE RELIEF 78 filed by Arthur Carr referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
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Filing
99
ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2011 ORDERING that pltf's 88 motion for reconsideration is GRANTED; the 84 findings and recommendations are VACATED; and pltf's 89 , 92 motions for extensions of time are DENIED w/out prejudice. (Yin, K)
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Filing
84
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/15/10 recommending that plaintiff's 11/22/10 motion for injunctive relief 78 be denied without prejudice. MOTION for injunctive relief 78 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 11/03/10 ordering that within 21 days, defendants shall provide the full name and CDCR identification number for the Michael Soares who witnessed the 03/10/08 incident at issue herein. (Plummer, M)
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Filing
72
ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/10 GRANTING pltf's 71 Motion for copies. Clerk of the Court directed to send a copy of the 53 notice and declaration to pltf at his address of record. (Owen, K)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/2010 ORDERING that pltf's 67 motion for clarification is PARTIALLY GRANTED; and dfts Her and Solorzano to file a responsive pleading to the 69 third amended cmplt w/in 21 days. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/2010 ORDERING that dfts' 61 motion for a protective order is GRANTED as stated in this order; pltf's 63 motion for extension of time is GRANTED, pltf has 30 days to comply w/ the 7/9/10 order; pltf has 30 days to file a third amended cmplt and notice of submission in compliance w/ the 6/18/10 order; the clerk to serve pltf w/ a copy of the 6/18/10 order. (Yin, K)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2010 ORDERING that pltf's 51 motion is PARTIALLY granted as stated in this order re the 5/18/10 deposition; pltf's 51 request for subpoena duces tecum to issue as to inmate witnesses Gallegos and Jones is DENIED; and pltf's 56 motion for clarification is DENIED. (Yin, K)
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Filing
50
ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/10 ordering plaintiff's second amended complaint 37 is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit it along with an original and a copy of the third amended complaint. Defendants are relieved of their obligation to file an amended answer or other response pending screening of the third amended complaint. The discovery deadline of 05/28/10 and the p retrial motions filing deadline of 08/20/10 are vacated. (See 02/24/10 scheduling order.) A revised scheduling order will issue once defendants have responded to the third amended complaint. Plaintiff's 05/17/10 and 05/21/10 motion and applica tion are denied without prejudice 39 , 41 . Plaintiff's 05/26/10 motion to compel discovery 44 is granted and part and denied in part. (See order for further details) Plaintiff's 05/28/10 application 45 is denied. Plaintiff's 06/01/10 motion 46 is denied.(Plummer, M)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/2010 ORDERING that pltf's 33 motion to amend the cmplt is GRANTED; pltf's 36 motion is GRANTED; the 4/22/10 and 4/26/2010 amended cmplts are DISREGARDED, and this action proceeds on pltf's 4/28/2010 second amended cmplt; w/in 21 days, dfts Her and Solorzano to file an amended answer or a statement of their intention to stand on their 2/17/10 answer; the clerk to send pltf LR 281, 134, 135, and 131. (Yin, K)
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Filing
27
ORDER signed by Judge Garland E. Burrell, Jr on 1/21/10 ORDERING that the findings and recommendations filed 10/28/09, are adopted in full; Defendants' 7/14/09, motion to dismiss 13 is denied. The defendants are directed to file an answer within 30 days of the filed date of this order. (Becknal, R)
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Filing
23
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/28/09 ORDERING the clerk to assign a district judge to this action; and RECOMMENDING that dfts' 13 motion to dismiss be denied; if adopted, the dfts to be directed to file an answer w/in 30 days. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due w/in 20 days.(Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/1/09 ORDERING that pltf's 2 request for leave to proceed ifp is GRANTED; pltf to pay the $350.00 filing fee to be collected in accordance w/ the CDC order; service is appropriate for dfts Herr and Solorzano; the clerk to send pltf forms for service to be completed and returned along w/ the Notice of Submission w/in 30 days. (Yin, K)
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