Navarro v. Herdon et al
| Mario Navarro |
| Debra Herdon, Mathew Cate, Jean Woodford, Scott Kernan, J. Walker, I O'Brien, N. Grannis, Ann Nicholas, Julius Griffin, Joseph Costa, H. Soliman, M. Vasquez, J A Baker and - Morrow |
| 2:2009cv01878 |
| July 9, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Riverside |
| Dale A. Drozd |
| Dale A. Drozd |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
236
ORDER signed by Magistrate Judge Kendall J. Newman on 09/27/18 ORDERING pursuant to the stipulation of the parties 232 this action is dismissed with prejudice. CASE CLOSED. (Plummer, M)
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230
ORDER signed by Magistrate Judge Kendall J. Newman on 09/14/18 ORDERING that defendants shall respond to plaintiff's 09/10/18 motion within 7 days of the date of this order. (Plummer, M)
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222
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/05/18 ORDERING the Custodian to produce Mario Navarro by Telephonic conferencing on 8/08/18 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. The clerk of court shall serve a copy of this order and writ on the Custodian. (Plummer, M)
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215
ORDER signed by Magistrate Judge Kendall J. Newman on 10/12/16 ORDERING that plaintiff's 211 Motion for Sanctions is DENIED. (Benson, A)
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210
ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/16 denying 205 Motion for sanctions. Plaintiff is granted 21 days from the date of this order to file supplemental objections to the 3/25/16 findings and recommendations. (Plummer, M)
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Filing
207
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/16 ORDERING that within ten days of the date of this order, defendants shall inform the court of the status of plaintiff's access to his legal property.(Dillon, M)
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Filing
200
ORDER signed by Magistrate Judge Kendall J. Newman on 7/22/16 ORDERING that plaintiff's motion to strike (ECF No. 182 ) is DENIED; Plaintiff's motion for an extension of time to file objections (ECF No. 198 ) is GRANTED; plaintiff' s objections o to the March 25, 2016 findings and recommendations are due on or before August 22, 2016; Plaintiff's motion for appointment of counsel (ECF No. 189 ) is DENIED without prejudice.(Dillon, M)
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Filing
188
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 05/09/16 ordering this shall amend the writ issued on 4/06/16 185 . The custodian shall produce Mario Navarro on 7/08/16 at 9:30 a.m. i n courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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: CKD and OTCD)(Plummer, M)
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Filing
185
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/06/16 ORDERING the Custodian to produce Mario Navarro on 6/24/16 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 and CKD) (Plummer, M)
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Filing
183
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/25/2016 RECOMMENDING that defendants' 165 motion for summary judgment be denied as to the following claims: 1) due process claims against defendant Walker; 2) al l Eighth Amendment conditions of confinement claims against defendants Kernan and Walker; 3) the Eighth Amendment conditions of confinement claims against defendant Baker alleging that plaintiff's cell was cold, he was denied clean linen and clothing, he was denied adequate outdoor exercise, his cell had inadequate lighting and he was served spoiled food; 4) the Eighth Amendment conditions of confinement claims against defendant Sclafani alleging that plaintiff received inadequate cle aning supplies, he was denied clean linen and clothing, his cell was cold and he was served spoiled food; 5) the First Amendment claims against defendant Walker alleging denial of access to a sweat lodge, spiritual advisor and religious property; 6) the First Amendment claims against defendant Kernan alleging denial of access to a spiritual advisor; and 7) the First Amendment claims against defendant Sclafani alleging denial of access to a spiritual advisor and religious property; and defendants' 165 motion for summary judgment be granted in all other respects. Referred to Judge Kimberly J. Mueller; Objections to due within 14 days. (Yin, K)
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Filing
164
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/15 ORDERING that Defendants' MOTION to Modify the Scheduling order 157 is GRANTED. The parties deadline for filing Dispositive Motions is EXTENDED to 5/30/2015. Plaintiff's Mot ion for Judgment as a Matter of Law 159 is DENIED without prejudice. Plaintiff's Petition for Writ of Habeas Corpus Ad Testificandum 161 is DENIED without prejudice. Plaintiff's Motion for Appointment of Counsel and for Appointment of Expert Witnesses 162 is DENIED without prejudice. The Clerk is directed to send Plaintiff a copy of the document docketed as ECF No. 155 .(Mena-Sanchez, L)
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Filing
156
ORDER signed by Judge Kimberly J. Mueller on 3/18/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/9/15 154 are ADOPTED in full; Defendants' MOTION for Summary Judgment 147 is DENIED in its entirety.(Mena-Sanchez, L)
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Filing
154
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/6/15 RECOMMENDING that 147 MOTION for SUMMARY JUDGMENT be denied in its entirety. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, M)
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Filing
148
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/14 ORDERING that Plaintiffs motion for full scope clarification (ECF No. 146 ), is granted, as set forth herein. The Clerk of Court is directed to send plaintiff, together with service of this order, a copy of the courts order filed April 16, 2014 (ECF No. 145 ). (Dillon, M)
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Filing
145
ORDER signed by Magistrate Judge Kendall J. Newman on 04/16/14 denying 107 Motion to Dismiss. Defendant may file and serve within 30 days after the filing date of this order, a motion for summary judgment that includes notice to plaintiff of the evidentiary requirements for opposing the motion. Due to the patchwork nature of briefing on the prior motion to dismiss 140 (designating 3 documents as portions of plaintiff's surreply), neither defendants nor plaintiff may rely on evidence previously submitted in this action. Rather defenants may file 1 motion and a reply (optional), and plaintiff may file 1 opposition but no surreply; these respective briefs shall includes all of the parties' evidence. Finally plaintiff is admonished to stop filing errant motions and requests in this action. (Plummer, M)
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Filing
140
ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/13 ORDERING that Defendants motion 128 for monetary or terminating sanctions, associated with plaintiffs first-scheduled deposition, is denied. Defendants motion 135 for sanctions, premi sed on plaintiffs answers to interrogatories, is denied without prejudice. Plaintiffs motion for issuance of a subpoena duces tecum 126 is denied. Plaintiffs motion 130 to compel answers to his Requests for Admissions, Set One, served on defenda nts Grannis, Kernan, Walker and OBrian, and his related request for monetary sanctions, are denied without prejudice. Defendants motion to strike 138 is denied; the Clerk of Court shall add the designation Surreply to plaintiffs documents filed Oc tober 2, 2013 126 , October 10, 2013 129 , and November 8, 2013 137 (without deleting these documents current designations); these filings shall be considered together with plaintiffs original briefing on defendants motion to dismiss. Defendants motion 133 to modify the scheduling order is denied in part; no further discovery is permitted unless previously authorized by court order, with the exception that plaintiff is directed to appear at, and fully participate in, his second deposition, which shall be scheduled on or before January 15, 2014 (defendants shall accord plaintiff prior notice of at least 14 days), and which may proceed via videoconference.(Dillon, M)
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Filing
131
ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/13 ORDERING that Plaintiffs motion 123 for an extension of time within which to respond to defendants interrogatories, is granted; plaintiff shall serve his responses on or before Novembe r 1, 2013. Defendants motion 127 for an extension of time within which defendant OBrian may respond to Plaintiffs Requests for Admission, Set One, is granted; defendant OBrian may serve her response on or before November 1, 2013. Plaintiffs motion 115 to rescind this courts order authorizing plaintiffs deposition by videoconference, and motion 119 for protective order to prevent or limit his deposition, are denied as moot, and on the merits. Plaintiffs motion for the appointment of couns el 116 , is denied without prejudice. Defendants shall, within 14 days after the filing date of this order, file and serve a response to plaintiffs motion for further discovery 126 ; plaintiff may, within 7 days thereafter, file and serve a reply that is no more than 8 pages in length, including exhibits.(Dillon, M)
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Filing
113
ORDER signed by Magistrate Judge Kendall J. Newman on 8/30/2013 ORDERING plaintiff to file and serve his opposition, or statement of non-opposition, to defendnants' 107 motion to dismiss on or before 10/4/2013; defendants' reply due within 7 days after the docketing of plaintiff's brief. (Yin, K)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 8/27/13 GRANTING 109 Motion to conduct Plaintiff Mario Navarros deposition via videoconference. However, the court reporter must be physically located where the plaintiff is located. Moreover, nothing in this Order shall be interpreted as requiring the institution in which Plaintiff is housed to obtain videoconferencing equipment if it is not already available. (Dillon, M)
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Filing
108
ORDER signed by Magistrate Judge Kendall J. Newman on 8/7/13 ORDERING that Plaintiffs request for an extension of time 106 is GRANTED; plaintiff shall serve his subject discovery responses within 30 days after service of this order. Plaintiffs requests for appointment of counsel (ECF Nos. 96 and 100 ), are DENIED without prejudice. (Dillon, M)
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Filing
95
ORDER signed by Magistrate Judge Kendall J. Newman on 04/12/13 ordering plaintiff's motion to compel discovery 92 is denied. Plaintiff shall, within 7 days after service of this order inform defendants whether plaintiff intends to: 1. rest on his currently propounded interrogatories, in which case defendants need answer on the first 25 interrogatories; 2. identify 25 interrogatories, within his currently propounded interrogatories, that plaintiff wants defendants to answer, or 3. withdra w the currently propounded interrogatories, and propound new discovery limited to 25 interrogatories, which shall be served within 28 days after service of this order. Defendants' answers to plaintiff's interrogatories shall be served with in 28 days after plaintiff identifies which interrogatories he wants answered, or serves new interrogatories. Plaintiff's motion to propound additional interrogatories 91 is denied without prejudice. Plaintiff may renew this motion, if at all, only after defendants have answered plaintiff's current interrogatories. (Plummer, M)
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Filing
89
ORDER adopting 84 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Kimberly J. Mueller on 3/26/13: This action shall proceed on plaintiff's First Amendment denial of access claims against defendants Grannis and O'Brian, as well as the claims and defendants previously found cognizable by the undersigned by order filed September 30, 2011. (Kaminski, H)
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 03/19/13 granting 87 Motion for a protective order. Discovery is stayed until the court issues a discovery order, at which point plaintiff may propound discovery that complies with the Federal Rules of Civil Procedure. (Plummer, M)
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Filing
86
ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/13 ORDERING that plaintiff's 1/22/13 motion for appointment of counsel 85 , is denied without prejudice. (Becknal, R)
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Filing
84
SUPPLEMENTAL FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/12 RECOMMENDING that in addition to the claims and defendants identified in the district judges order filed September 30, 2011 79 , this action should proceed on plaintiffs denial of access claims against defendants Grannis and OBrian. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
79
ORDER signed by Judge Kimberly J. Mueller on 9/30/2011 ORDERING 78 FINDINGS AND RECOMMENDATIONS are ADOPTED in part; 38 Motion to Dismiss is GRANTED in part and DENIED in part; this actional shall proceed on plaintiff's First, Eighth and Four teenth Amendment claims, as clarified by the magistrate judge, against defendants Kernan, Walker,Baxter, Baker, Sclafani, and Morrow; court DECLINES to adopt the findings and recommendations as to the FirstAmendment claim for denial of access to the courts against defendants Grannis and OBrian and refers consideration of this issue back to the magistrate judge;This action shall proceed on plaintiffs First Amendment retaliation claimagainst defendants Grannis and OBrian; and all other claims and defendants (specifically, defendants Nicholas, Griffin, Costa, Soliman, Frishman, Vasquez, Kelly, Shelton, and Johnson) are dismissed from this action. (Waggoner, D)
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Filing
78
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/23/2011 RECOMMENDING that Dft's 38 Motion to Dismiss should be granted in part and denied in part. This action should proceed on Pltf's First, Eighth and Fourt eenth Amendment claims, against dfts Kernan, Walker, Grannis, O'Brian, Baxter, Baker, Sclafani, and Morrow. All other claims and dfts (specifically, dfts Nicholas, Griffin, Costa, Soliman, Frishman, Vasquez, Kelly, Shelton, and Johnson) should be dismissed. Motion referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 04/14/11 ordering plaintiff's motion to compel discovery 57 is granted in part as follows: Within 14 days after the filing date of this order, counsel for defendants (who is an attorney wit h the California Attorney General's Office) shall obtain, to the best of his ability and including all reasonable inquiries, the current information necessary to effect service of process on defendants Frishman, Shelton and O'Brien, and sha ll provide such information to plaintiff. Defendants' counsel shall contemporaneously file with the court a notice of compliance, or explanation of noncompliance with thi directive. Plaintiff's motion for an extension of time 58 within w hich to effect service of process upon defendants Frishman, Shelton and O'Brien is granted in part as follows: Within 10 days after receipt of the information from defendants' counsel, plaintiff shall submit to the court the following docum ents necessary to effect service of process on defendants Frishman, Shelton and O'Brien: The attached Notice of Submission of Documents, 3 completed USM-285 forms, 4 copies of the endorsed complaint filed 08/10/10 24 and 1 completed summons. Within the same deadline, if any of the requested information remains unavailable, plaintiff shall submit an affidavit explaining the omission, and may request that 1 or more of these defendants be dismissed from this action. The clerk of cour is directed to send plaintiff 3 USM-285 forms, instruction sheet and a blank summons.. (Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 12/7/2010 DENYING, w/out prejudice, pltf's 40 request for appointment of counsel; GRANTING pltf's 39 motion for an extension of time; pltf has up to and including 1/8/2011, to submit the information and documents to effect service of process on dfts Frishman and Griffin; and pltf has up to and including 1/8/2011, to file and serve his opposition to dfts' motion to dismiss. (Yin, K)
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29
ORDER signed by Judge Garland E. Burrell, Jr on 9/13/2010 DENYING pltf's 25 motion for reconsideration. (Yin, K)
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22
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 8/9/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Mario Navarro 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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Filing
7
ORDER signed by Magistrate Judge Dale A. Drozd on 7/16/09 ORDERING that pltf's 3 motion to proceed IFP is DENIED w/out prejudice; pltf to submit w/in 30 days, a properly completed ifp that includes a certified trust acct statement and prison official's certification; the clerk to send pltf a ifp application. (Yin, K)
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