Abel v. Martel et al
Plaintiff: James Abel
Defendant: Mike Martel, Barham, D. Long, G.R. Wilson, A. Bond, Sauceda, - Stanford, Jean Walker, Heidi Lackner, Jones, Orr, Miranda and Barroga
Case Number: 2:2009cv01749
Filed: June 24, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Plaintiff
Cause of Action: 28:1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
February 13, 2013 Opinion or Order Filing 70 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/13/2013 RECOMMENDING that defendants' 52 motion for summary judgment be granted; defendants Martel, Long, Sauceda, Lackner and Childress be dismissed; and this case be closed. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
October 25, 2012 Opinion or Order Filing 68 ORDER signed by Judge John A. Mendez on 10/24/12 ADOPTING IN FULL 65 Findings and Recommendations. Defendants Kaplan (Captain) and Jean Walker DISMISSED without prejudice. (Meuleman, A)
August 21, 2012 Opinion or Order Filing 65 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/21/2012, RECOMMENDING that defendants Kaplan and Walker be dismissed without prejudice pursuant to F.R.Civ.P. 4(m). Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
July 11, 2012 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/10/12 ordering that plaintiff may file an amended opposition to defendants' pending motion for summary judgment no later than 08/09/12. If plaintiff fails to file an amended opposition by that date, defendants' motion for summary judgment will stand submitted to the court for decision. Any reply to plaintiff's amended opposition shall be due no later than 14 days after service of the amended opposition. (Plummer, M)
May 8, 2012 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/8/2012 ORDERING that plaintiff is GRANTED 30 days within which to file his opposition to defendants' pending motion for summary judgment.(Yin, K)
April 12, 2012 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/11/12 ordering the Warden of California Correctional Institution shall inform the court within 14 days whether plaintiff has access to a law library and copy machine. If plaintiff does not ha ve access, the Warden must inform the court when plaintiff will have access. Plaintiff need not file his opposition to defendants' pending motion for summary judgment until further notice from the court. Plaintiff's request that the court "suspend this case" is denied. Plaintiff's 03/29/12 request that the court order the California Department of Corrections and Rehabilitation to provide him with a typewriter is denied. The clerk of the court shall serve a copy of this order upon the Warden of the California Correctional Institution in Tehachapi. (Plummer, M)
February 23, 2012 Opinion or Order Filing 50 ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 02/23/12 and ORDERING that the 32 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: DENIED with respect to the following claims: defendants Martel, Lackner and Long denied plaintiff the ability to purchase and possess religious items which were approved in the "Technical Reference Manual" for group worship only in violation of the First Amendment and RLUIPA and 2. On 04/27/09, defend ants Sauceda and Childress confiscated religious items from plaintiff in violation of the First Amendment and RLUIPA. The motion is GRANTED in all other respects resulting in dismissal of all other claims against defendants Martel, Long, Sauceda, Lackner, Barroga and Childress for failure to exhaust administrative remedies. Defendant Barroga is dismissed from this action. (Benson, A.)
February 10, 2012 Opinion or Order Filing 49 ORDER denying 48 Motion for injunction signed by Magistrate Judge Carolyn K. Delaney on 02/09/12. (Plummer, M)
January 6, 2012 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/06/12 ordering defendants are granted permission to depose plaintiff. The request that deadlines for discovery and the filing of motions to compel be extended is denied. (Plummer, M)
December 9, 2011 Opinion or Order Filing 43 ORDER signed by Judge John A. Mendez on 12/8/11; IT IS HEREBY ORDERED that: The findings and recommendations filed September 26, 2011, are adopted in full; and Defendant Rodriguez is dismissed from this action, without prejudice. (Matson, R)
November 18, 2011 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/18/11 RECOMMENDING that Defendant Martel, Long, Sauceda, Lackner, Barroga and Childresss 32 motion to dismiss be denied in part and granted in part; and Defendant Barroga be dismissed from this action. Motion referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Dillon, M)
September 26, 2011 Opinion or Order Filing 38 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/26/11 RECOMMENDING that defendant Rodriguez be dismissed from this action. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
April 5, 2011 Opinion or Order Filing 23 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 4/4/2011 ORDERING pltf to show cause w/in 14 days why dft Rodriguez should not be dismissed. (Yin, K)
November 22, 2010 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/19/10 ordering the clerk of the court shall issue and send 9 summons to plaintiff. The clerk of the court shall send plaintiff 9 copies of the form "Consent to Proceed Before United Sta tes Magsistrate Judge. Plaintiff shall complete service of process in accordance with Federal Rule of Civil Procedure 4 within 60 days from the date of this order. ( Status Conference set for 3/30/2011 at 10:00 AM in Courtroom 26 (KJM) before Magistr ate Judge Kimberly J. Mueller.) The parties shall submit to the court and serve by mail on all other parties, no later than 7 days before the Status (Pretrial Scheduling) Conference, a status report.(A copy of this order, 9 issued summons and 9 consent to proceed before Magistrate forms sent to plaintiff's attorney by mail) (Plummer, M) Modified on 11/22/2010 (Plummer, M). Modified on 11/22/2010 (Plummer, M).
May 26, 2010 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/25/10 ordering plaintiff's complaint 1 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
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Search for this case: Abel v. Martel et al
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Plaintiff: James Abel
Represented By: William L Schmidt
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Defendant: Mike Martel
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Defendant: Barham
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Defendant: D. Long
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Defendant: G.R. Wilson
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Defendant: A. Bond
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Defendant: Sauceda
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Defendant: - Stanford
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Defendant: Jean Walker
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Defendant: Heidi Lackner
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Defendant: Jones
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Defendant: Orr
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Defendant: Miranda
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Defendant: Barroga
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