Asberry v. Cate et al
| Tony Asberry |
| Mathew Cate, James Walker, Phelps, Bauser, Hernandez and O'Brien |
| 2:2009cv01494 |
| June 1, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Morrison C. England |
| Dale A. Drozd |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
97
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/6/13 ORDERING that 96 Motion is DENIED; it is RECOMMENDED that Defendants motion for summary judgment 73 , on plaintiffs federal equal protection and due process claims, be granted; Plaintiffs state law equal protection claim should be dismissed without prejudice; This action be closed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
94
ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/13. The court intends to address forthwith the merits of defendants motion for summary judgment; any briefs or affidavits filed after the signature date of this order may be disregarded and will be considered by the undersigned only if received prior to issuance of the findings and recommendations on defendants motion.(Dillon, M)
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Filing
92
ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/2013 ORDERING that defendants shall, within 10 days, file and serve a response to plaintiff's 6/27/2013 statement, addressing the matters set forth in this order.(Yin, K)
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Filing
87
ORDER signed by Magistrate Judge Kendall J. Newman on 06/12/13 ordering plaintiff's request for court assistance in obtaining an affidavit from inmate Garland is denied. Plaintiff's request for extended time is granted insofar as the foll owing dates are now controling (the dates set forth in ECF 84 are no longer controlling). Within 7 days after the filing date of this order, the DCF litigation coordinator shall infrom the plaintiff and the court whether inmate Johnson remains inc arcerated pursuant to the authoritiy of CDCR. If Johnson is no longer incarcerated, then plaintiff's request for the court's assistance in obtaining an affidavit from inmate Johnson is deemed denied, an no further briefing will be permitte d. If Johnson remains incarcerated pursuant to the authority of CDCR, then the following will apply: a) the DCF litigation coordinator is directed to facilitate, and expedite authorization pursuant to title 15, California Code of Regulations section 3139, and the instant order, for plaintiff to send a written request to Johnson to prepare a supporting affidavit in this action; and, provided Johnson agrees, and for Johnson to send a written affidavit to plaintiff. If possible, this entire proce ss should not exceed 21 days from the filing date of this order. b) Within 35 days from the filing date of this order, plaintiff shall file and serve a supplemental opposition to the pending motion for summary judgment, incorporation Johnson's affidavit; or plaintiff shall inform the court that Johnson declined to prepare an affidavit, in which case no further briefing will be permitted. c) Should plaintiff file a supplemental opposition, that includes Johnson's affidavit, defendant may file and serve a supplemental reply within 7 days after service of the supplemental opposition. The clerk of the court is directed to serve a copy of this order on the Litigation Coordinator at RJ Donovan Correctional Facility. (Plummer, M)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 5/28/13 ORDERING that this action shall not be set for a settlement conference, as recommended onApril 9, 2013 81 but shall proceed on the merits of defendants pending motion for summary judgment (ECF No. 73 ). Plaintiffs request for the courts assistance in locating two inmates 75 is GRANTED IN PART (see order for details).(Dillon, M)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 1/29/13 ORDERING that this action proceeds only against defendant Phelps. Defendant Phelps motion for summary judgment, filed December 3, 2012 (Dkt. No. 73 ), is now fully briefed (see Dkt. No s. 76 , 79 ); also pending is plaintiffs request for judicial assistance to obtain further evidence in support of his opposition to defendants motion for summary judgment (Dkt. No. 75 ). These matters are now submitted and will each be addressed in due course.(Dillon, M)
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Filing
72
ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/12 GRANTING 71 Motion to modify the scheduling order. The deadline for filing dispositive motions in this action is extended to Monday, December 3, 2012. Prison staff should accord plaintiff adequate library time to research and prepare a motion for summary judgment and/or an opposition to defendants motion for summary judgment. (Dillon, M)
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Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/12 ORDERING that Plaintiffs motion for further discovery and an extension of time 67 is DENIED; Plaintiffs motion for sanctions 68 , is DENIED; and Prison officials, particularly p rison library staff, are informed that the next deadline in this action is the dispositive motion deadline, November 2, 2012; in addition, opposition to a dispositive motion must be filed and served within 21 days after service of the motion.(Dillon, M)
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Filing
66
ORDER signed by Magistrate Judge Kendall J. Newman on 8/6/12 ORDERING that 64 Motion to Compel discovery is GRANTED in part (see order for further details).(Dillon, M)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING the clerk to designate plaintiff's 56 motion for preliminary injunction as WITHDRAWN. (Yin, K)
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Filing
58
ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/2012 ORDERING that plaintiff's 56 motion is construed as a motion for preliminary injunctive relief; defendants shall, within 14 days, file and serve a response to plaintiff's motion; and plaintiff may, within 14 days after service of response, file a reply. (Yin, K)
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Filing
53
ORDER signed by Judge Morrison C. England, Jr. on 3/28/2012 ADOPTING 52 Findings and Recommendations in full; GRANTING 30 Motion to Dismiss as to Plaintiff's 8th Amendment Claim against Defendant Phelps, Defendants shall file an Answer within 21 days; DENYING Pliantiff's Second 32 Motion for Preliminary Injunction. (Michel, G)
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Filing
52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/2012 RECOMMENDING that defendants' 30 motion to dismiss be granted; this action proceed on plaintiff's substantive due process and equal protection claims a gainst defendant Phelps, and plaintiff's due process claim against defendant Hernandez; defendants be directed to file an answer, within 21 days of an order adopting these findings and recommendations, on plaintiff's remaining claims; plaintiff's 32 second motion for preliminary injunction be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2011 ORDERING 46 Defendants' request to file under seal the declaration of Dr. Bregman is hereby GRANTED; the Clerk of Court is directed to file under seal the separately lodged declaration of Dr. Bregman. (Reader, L)
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Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/11 ORDERING that 41 Motion is GRANTED in part. The court notes, however, that plaintiff has filed several unrelated matters in this case within the last month. Plaintiff is cautioned to ex ercise restraint when considering whether to file further motions in this action. A litigant proceeding in forma pauperis may suffer restricted access to the court where it is determined that he has filed excessive motions in a pending action that unnecessarily taxes judicial resources.(Dillon, M)
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Filing
39
ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/11 VACATING 34 FINDINGS AND RECOMMENDATIONS; Defendants shall file a response to 32 Motion for Preliminary Injunction filed by Tony Asberry within 21 days after the filing date of this or der; Plaintiff may, within 14 days after service of defendants' response, file a reply. Plaintiff's 36 Motion to Proceed IFP is DENIED without prejudice to its refiling, in completed form, in a new action. Plaintiff's 37 and 38 inquiries are also DENIED, for the reasons set forth. (Meuleman, A) Modified on 9/14/2011 (Meuleman, A).
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Filing
34
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/23/11 RECOMMENDING that 32 Motion for Preliminary Injunction filed by Tony Asberry be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due 21 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
31
ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 07/28/11 and ORDERING that petitioner's 25 Motion for Preliminary Injunction is DENIED. (Benson, A.)
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Filing
29
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/01/11 recommending that petitioner's motion for a preliminary injunction 25 be denied. MOTION for PRELIMINARY INJUNCTION 25 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
24
ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 4/14/11; Dfts O'Brien, James Walker, Bauser and Mathew Cate are DISMISSED from this action without prejudice. (Manzer, C)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 03/08/11 ordering that plaintiff shall within 14 days after service of this order, submit to the court 3 copies of plaintiff's endorsed complaint filed on 06/01/09 1 . (Plummer, M)
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Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 2/17/2011 DENYING pltf's 16 request for appointment of counsel. (Yin, K)
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Filing
15
ORDER signed by Magistrate Judge Kendall J. Newman on 02/08/11 ordering plaintiff shall on or before 03/04/11, file a statement indicating whether he elects to: (1) proceed on the original complaint, and thus agrees to serve process only on defendants Hernandez and Phelps, thereby dismissing the other defendants; OR (2) proceed on an amended complaint which plaintiff shall contemporaneously file. Plaintiff's motion filed 02/01/11 14 is denied as moot. (Plummer, M)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/11 ORDERING that Plaintiffs motion 10 for additional USM-285 forms to serve additional defendants is DENIED without prejudice; and Plaintiffs 11 motion for an extension of time within whi ch to respond to the courts order filed December 28, 2010, is GRANTED; and on or before 2/25/11, plaintiff shall (1) return the Notice of Submission of Documents attached to the courts prior order, and (2) file an amended complaint, or (2) submit the appropriate documents to effect service of process of plaintiffs original complaint on defendants Phelps and Hernandez.(Dillon, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 12/27/10ORDERING the director of the CDC to collect and forward payment from the prison trust account of Tony Asberry to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders ). (Dillon, M)
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