Scott v. McDonald
| Howard Scott |
| M. McDonald |
| 2:2009cv00851 |
| March 27, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Edmund F. Brennan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
179
ORDER signed by Chief Judge Morrison C. England, Jr. on 6/10/2015 DISMISSING this action with prejudice pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(ii). CASE CLOSED. (Michel, G.)
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Filing
173
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/9/15 ORDERING that Defendant D. MEDINA is dismissed with prejudice pursuant to Federal Rule 27 of Civil Procedure 41(a)(1) with the parties mentioned herein to bear their own fees and costs. (Becknal, R)
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Filing
169
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/17/15 ORDERING that because the settlement negotiations may moot the summary judgment motions altogether, the court will deny them (ECF Nos. 145 , 164 ) without prejudice to renewal within seven days of the April 7, 2015 settlement conference.(Dillon, M)
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Filing
168
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/28/15 ORDERING the Custodian to produce Howard Scott at 9:00 am on 4/7/2015 in Courtroom 25 before Judge Kendall 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 order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
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Filing
166
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/14 ORDERING that Andrew Peter Rausch, Jr. is appointed limited purpose counsel in the above- entitled matter. This appointment is for the limited purpose of assisting plaintiff with settle ment negotiations during a settlement conference and will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Peter Rausch Attorney Andrew Peter Rausch, Jr for Howard Scott added.. (Dillon, M)
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Filing
158
ORDER signed by Chief Judge Morrison C. England, Jr. on 10/14/2014 FINDINGS AND RECOMMENDATIONS 150 are ADOPTED in FULL; Defendants Betti and Barron's 143 motion to dismiss is DENIED. (Reader, L)
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Filing
157
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/14 ORDERING that defendants motion for reconsideration of the August 1, 2014 order appointing plaintiff counsel is denied. The Clerk of the Court shall terminate docket number 152 . IT IS FURTHER ORDERED that defendants dispositive motion shall be filed within thirty days of completion of the settlement conference, currently set for November 6, 2014. If at that time no order has yet issued adopting the pending findings and recommendations (ECF No. 150 ), then defendants dispositive motion shall be filed within thirty days of the filing of any such order.(Dillon, M)
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Filing
156
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief Judge Morrison C. England, Jr on 09/24/14 ordering the custodian to produce Howard Scott at 11/06/14 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall 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 order ans writ on the Custodian and Out-to-Court Desk. (cc: OTCD, ADR, KJN) (Plummer, M)
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Filing
154
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 9/19/2014 ORDERING the custodian to produce Howard Scott #P-83633, to testify in USDC at 9:00 AM on 10/30/2014 in courtroom #9, before Magistrat e Judge Craig M. Kellison; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC, ADR, CMK) (Yin, K)
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Filing
150
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/30/14 ORDERING that defendants Betti and Barron's motion to modify the schedule and extend the dispositive motions deadline 144 is granted in that any su ch motion must be filed within 14 days of any order adopting the recommendation below. Plaintiff's request for the appointment of counsel 149 is granted and the case is referred to Sujean Park, the court's pro bono coordinator. Until co unsel is appointed, plaintiff is not obligated to respond to defendant Medina's pending motion for summary judgment or to any summary judgment motion filed by defendants Betti and Barron. Also, RECOMMENDING that defendant Betti and Barron's motion to dismiss 143 be denied. MOTION to DISMISS 143 referred to Judge Morrison C. England Jr. Objections due within 14 days. (cc: Sujean Park, ADR Director)(Plummer, M) Modified on 8/1/2014 (Plummer, M).
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Filing
142
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/14 ORDERING that plaintiffs objections, construed as a motion for reconsideration (ECF No. 141 ) is denied. (Dillon, M)
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Filing
137
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/14 ORDERING that Defendants second motion to compel (ECF No. 124 ) is granted to the extent that plaintiff shall, within 14 days of the date of this order, inform defendants, orally or i n writing, which of his documents are responsive to each of defendants document requests. Plaintiffs request for appointment of counsel (ECF No. 131 ) is denied. Plaintiffs February 7, 2014 motion (ECF No. 132 ), construed as a renewed request for appointment of counsel and motion to compel, is denied. Any dispositive motions shall be filed no later than 60 days from the date of this order.(Dillon, M)
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Filing
126
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/04/13 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition. Plaintiff's request for a settlement conference 125 is denied without prejudice. (Plummer, M)
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Filing
123
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2013 ORDERING that defendants' 119 motion to compel plaintiff's responses to their requests for production is GRANTED, plaintiff shall serve his response on defendants within 1 4 days, any motion to compel must be filed by defendants no later than 30 days thereafter; the 9/30/2013 dispositive motions deadline is VACATED and will be reset following the conclusion of discovery; and plaintiff's 120 "motion to subpoena witnesses" and 122 "informal response and pretrial statement" are DISREGARDED as premature. (Yin, K)
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Filing
114
ORDER denying 112 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 06/28/13. (Plummer, M)
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Filing
111
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/4/2013 GRANTING defendants' 110 request to take plaintiff's deposition via videoconference. (Yin, K)
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Filing
105
ORDER signed by Chief Judge Morrison C. England, Jr on 3/29/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/12/13 103 are ADOPTED IN FULL; and The 8/7/12, MOTION to Dismiss 90 is GRANTED IN PART and the following claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust: Plaintiffs claims against Defendants Sharrb, Cooper, Oatman, and Nelson for refusing to feed Plaintiff in his cell or provide an assistant to walk Plaintiff to the dining hall during the first half of 2 008; Plaintiffs' claim against Defendant Medina for ordering the confiscation of Plaintiff's medically- necessary vest and cane in May 2009; Plaintiff's claim against Defendant Betty for refusing to assist Plaintiff in getting a water leak repaired and filling out a sick call slip in September 2007; and Plaintiff's claim against Defendant Barron for slamming Plaintiff into a wall in November 2007. The Motion to Dismiss 90 is otherwise DENIED.(Mena-Sanchez, L)
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Filing
103
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/12/2013 ORDERING that plaintiff's 102 motion for appointment of counsel is DENIED without prejudice; and RECOMMENDING that the 90 motion to dism iss be granted in part and that the following claims be dismissed without prejudice for failure to exhaust: (a) plaintiff's claims against defendants Sharrb, Cooper, Oatman, and Nelson for refusing to feed plaintiff in his cell or provide a n assistant to walk plaintiff to the dining hall during the first half of 2008; (b) plaintiff's claim against defendant Medina for ordering the confiscation of plaintiff's medically-necessary vest and cane in May 2009; (c) plaintiff� 39;s claim against defendant Betty for refusing to assist plaintiff in getting a water leak repaired and filling out a sick call slip in September 2007; (d) plaintiff's claim against defendant Barron for slamming plaintiff into a wall in November 2007; and in all other respects, the motion to dismiss be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
96
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/12 ordering defendants shall re-serve their 08/07/12 motion to dismiss including attachments on plaintiff within 7 days of the date of this order. Plaintiff's request for appointment o f counsel is denied without prejudice. Defendants shall within 30 days of the date of this order 1. ensure that plaintiff is either a. provided with copies of his record of administrative appeals for the years 2007 through 2009, or b. given an oppor tunity to review his central file with the assistance of staff or another inmate, and to obtain copies of requested portions of his record of administrative appeals, and 2. to file a declaration regarding defendants' (and/or High Desert State Pr ison staff's) efforts in this regard and confirming that plaintiff has been provided with meaningul to access to his record of administrative appeals. Plaintiff shall within 60 days of the date this order is filed, file an opposition or stateme nt of no opposition to defendants' 08/07/12 motion to dismiss. As a 1 time courtesy, the clerk of the court shall mail plaintiff a copy of docket 35 (second amended complaint. The clerk of the court shall terminate docket numbers 92 and 93 . (Plummer, M)
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Filing
89
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/12 ORDERING that plaintiffs motion for appointment of counsel, Dckt. No. 85 , is DENIED. (Dillon, M)
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Filing
88
ORDER signed by Judge Morrison C. England, Jr on 7/24/2012 ORDERING that defendants' 59 motion to dismiss is DENIED without prejudice; within 14 days, defendants may re-file and re-serve the 9/28/11, motion to dismiss along with the Wyatt Notice; if defendants re-serve their motion, plaintiff may thereafter file and serve an opposition within 30 days; defendants may file a reply within 14 days thereafter. (Yin, K)
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Filing
78
ORDER signed by Judge Morrison C. England, Jr on 2/7/12 ADOPTING in full 66 Findings and Recommendations; DENYING 51 Motion for Preliminary Injunction. (Meuleman, A)
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Filing
73
ORDER signed by Magistrate Judge Edmund F. Brennan on 01/03/12 ORDERING that plaintiff's 67 Motion for Extension of Time is GRANTED; plaintiff's opposition to defendants' motion to dismiss shall be filed within 30 days; plaintiff's 68 Motion to Appoint Counsel is DENIED. (Benson, A.)
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Filing
66
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/5/11 ORDERING that the Clerk randomly assign a district judge to this action. It is RECOMMENDED that 51 MOTION for injunctive relief be denied. Motion referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
61
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/11 ordering the clerk of the court shall mail plaintiff 1 USM-285 form. Within 60 days from the date this order is served, plaintiff may return the completed USM-285 form providing new instructions for service of process upon defendant Sharrb. (Plummer, M)
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Filing
50
ORDER denying 49 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 7/12/11. (Matson, R)
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Filing
43
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/25/11 GRANTING 37 Motion to the extent that plaintiff has 30 days from the date this order is served to comply with the 4/7/11 order. (Dillon, M)
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Filing
38
[DISREGARD - ENTERED IN ERROR]ORDER signed by Magistrate Judge Edmund F. Brennan on 05/20/11 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M) Modified on 5/23/2011 (Plummer, M).
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Filing
30
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/29/10 ordering the clerk of the court is directed to open a new action {2:10-cv-1664 KJN P) and file the 02/16/10 complaint 27 and notice of lawsuit 28 , and the 03/24/10 complaint 29 in t hat action. These filings are stricken as improperly docketed in this action, and the clerk of the court shall make a notation on the docket to that effect. Plaintiff's 01/15/10 amended complaint 24 is dismissed and plaintiff may, within 30 days of the date this order is served file an amended complaint in accordance with this order and the 09/23/09 screening order. The clerk of the court is directed to send to plaintiff a copy of the form used in this court for the filing of a civil complaint pursuant to 42 USC 1983. (Plummer, M)
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Filing
26
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/2/2010 ORDERING that pltf's 10 motion for preliminary injunction is DENIED. (Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/09 ORDERING that plaintiff has 30 days from the date of service of this order to submit eitherthe filing fee or the IFP application. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
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| Plaintiff: Howard Scott | |
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| Defendant: M. McDonald | |
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