Develder v. Hirshler et al
Plaintiff: Michael Develder
Defendant: J Hirshler, Warden, Deuel Vocation Institution, Director, Department of Corrections, Chief Medical Officer, California State Prison, Sacramento, Warden, California State Prison, Sacramento, Chief Medical Officer, Mule Creek State Prison and R. J. Subia
Case Number: 2:2009cv01803
Filed: June 30, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
September 26, 2017 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/26/2017 GRANTING 94 Motion for Extension of Time. Plaintiff has 30 days from the date this order is served to file his objections. (Henshaw, R)
September 5, 2017 Opinion or Order Filing 93 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/5/2017 RECOMMENDING 65 Motion for Summary Judgment be granted. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
June 21, 2017 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2017 GRANTING 87 Motion for Extension of Time. Plaintiff to file opposition within 30 days from the date this order is served. (Henshaw, R)
April 21, 2017 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/20/2017 VACATING the 2/23/2017 findings and recommendations 76 . Within 21 days, plaintiff shall file a response to the motion for summary judgment. Defendant's reply, if any, is due 7 days after plaintiff's response is docketed on CM/ECF. (Yin, K)
February 23, 2017 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/22/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
January 25, 2017 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/24/17 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or as statement of no opposition. (Plummer, M)
December 19, 2016 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/16 Plaintiffs objection, construed as a motion to quash 59 is granted. Defendants subpoena request is limited to medical records from the period of January 2006 to the present. Defendant shall return or destroy any records received that fall outside of this time frame. Plaintiffs request for an extension of time 61 is denied. Plaintiffs motion to compel 63 is granted as to RFP No. 1 to the extent that, within 21 days of the date of this order, defendant shall produce prisoner grievances (and the prisons corresponding responses), based on defendants deliberate indifference to medical needs from January 2005 through December 2009. To the extent such information implicates privacy rights, defendant may redact identifying personal information from responsive documents. In all other respects, the motion is denied. (Plummer, M) Modified on 12/19/2016 (Plummer, M).
April 14, 2016 Opinion or Order Filing 57 ORDER denying 56 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 04/13/16. (Plummer, M)
March 24, 2016 Opinion or Order Filing 54 ORDER signed by District Judge Troy L. Nunley on 3/23/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/27/16 53 are ADOPTED in full; and Defendant's MOTION to DISMISS 45 is DENIED. (Mena-Sanchez, L)
January 27, 2016 Opinion or Order Filing 53 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/27/16 ORDERING that the clerk of the court shall randomly assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMEENDING that defendant's motion to dismiss 45 be denied. Motion to Dismiss 45 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
May 12, 2015 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/2015 DENYING plaintiff's 49 request for appointment of counsel. (Yin, K)
March 17, 2015 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/15 ORDERING that 41 Motion for Extension of time. Defendant shall file his response to the complaint on or before April 3, 2015.(Dillon, M)
December 19, 2014 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/14 ORDERING that Service is appropriate for defendant Hirshler; The U.S. Marshal shall personally serve a copy of this order and the amended complaint 36 on defendant J. Hirshler at 73 40 Woodrow Dr., Oakland, California, 94611; Defendant Hirshler shall respond to the complaint within 21 days after service, pursuant to Federal Rule of Civil Procedure 12; and Should defendant fail to answer or otherwise respond to the amended complaint, plaintiff may again seek default judgment against him.(Dillon, M)
September 5, 2014 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Edmund F. Brennan on 09/04/14 denying 32 Motion for Reconsideration. If plaintiff wishes to file an amended complaint as discussed in the order of 06/23/14, he shall do so within 21 days of the service of this order. (Plummer, M)
June 23, 2014 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/2014 DENYING 24 & 30 Motions for Default Judgment. Plaintiff is GRANTED leave to file an amended complaint to allege sufficient facts to state an Eighth Amendment claim again defendant Hirshler within 30 days of service of this order. The US Marshal shall serve a copy of this order on defendant Hirshler. (cc USM-Priority)
September 30, 2013 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/30/2013 GRANTING-IN-PART 24 Motion for default. Defendant Hirshler shall have 21 days from the date of service of this order to request a hearing or otherwise contest the damages sought by pl aintiff in his motion for entry of default. Plaintiff shall have 21 days from the date of this order fo file the affidavit required by 50 U.S.C. App. 521(b)(1). The USM Shall serve a copy of this order and 24 Motion for entry of default on Defendant J. Hirshler. (Donati, J)
November 8, 2012 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2012 DISCHARGING the 23 order to show cause, and the court will resolve the motion for default in due course. (Yin, K)
October 22, 2012 Opinion or Order Filing 23 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/22/2012 ORDERING that, within 21 days, plaintiff shall show cause why this action should not be dismissed for failure to prosecute. (Yin, K)
September 10, 2012 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/12 DENYING 21 Motion for default judgment. (Dillon, M)
February 27, 2012 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/12 ORDERING that plaintiff shall, within 30 days of the date of this order, file an appropriate motion based on the Federal Rules of Civil Procedure and indicate how, or if, he intends to proceed with this lawsuit. (Dillon, M)
January 21, 2011 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Edmund F. Brennan on 01/21/11 ORDERING that plaintiffs claims against defendant Housley are dismissed without prejudice. This action now proceeds on plaintiffs claims against defendant Hirshler only. Housley terminated. (Williams, D)
October 18, 2010 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/10 ORDERING the Clerk of the Court to mail plaintiff one form USM-285 and a copy of theamended pleading filed April 12, 2010. Within 60 days from the date this order is served, plaintiff may submit the attached Notice of Submission of Documents with a completed form USM-285 providing instructions for service of process upon defendant Housley and two copies of the pleading provided to plaintiff.(Williams, D)
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Plaintiff: Michael Develder
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Defendant: J Hirshler
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Defendant: Warden, Deuel Vocation Institution
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Defendant: Director, Department of Corrections
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Defendant: Chief Medical Officer, California State Prison, Sacramento
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Defendant: Warden, California State Prison, Sacramento
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Defendant: Chief Medical Officer, Mule Creek State Prison
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Defendant: R. J. Subia
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