Bontemps v. Sotak et al
Plaintiff: Gregory C. Bontemps
Defendant: Sotak, Tidwell, Slayball and Kelly L. Cannon
Case Number: 2:2009cv02115
Filed: July 31, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

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

Date Filed Document Text
May 16, 2019 Opinion or Order Filing 146 ORDER signed by District Judge Morrison C. England, Jr on 5/15/19 REVOKING Plaintiff's in forma pauperis status; the Clerk of Court is directed to serve a copy of this Order on Plaintiff and on the Ninth Circuit Court of Appeals.(cc USCA)(Becknal, R)
December 12, 2018 Opinion or Order Filing 134 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/12/2018 RECOMMENDING defendants' 126 motion for terminating sanctions be granted and this case be dismissed with prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
September 4, 2018 Opinion or Order Filing 125 ORDER signed by District Judge Morrison C. England, Jr on 09/01/18 ADOPTING 121 FINDINGS AND RECOMMENDATIONS and DENYING 117 Motion for Summary Judgment. (Plummer, M)
July 18, 2018 Opinion or Order Filing 121 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/18/2018 GRANTING IN PART 112 Motion to Compel; GRANTING 113 Motion to Modify Scheduling Order; and RECOMMENDING 117 Motion for Summary Judgment be denied. Parties to meet, confer, and agree on a date for plaintiff's second deposition to be taken within 60 days of this order's entry. Request for monetary sanctions are denied. Defendants have 60 days from the date of this order's entry to complete plaintiff's deposition and the new deadline for filing dispositive motions is 3 months beyond the end date of that 60 day extension. 117 Motion for Summary Judgment referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
June 1, 2018 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/2018 DENYING plaintiff's 116 request for the appointment of counsel. (Yin, K)
May 11, 2018 Opinion or Order Filing 114 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/10/18 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
February 6, 2018 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/2018 GRANTING 110 Motion for Extension of Time. Defendant shall have until and including March 22, 2018 to serve his responses. (Fabillaran, J)
December 15, 2017 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/2017 DENYING 108 Motion to Appoint Counsel. (Henshaw, R)
November 27, 2017 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/27/17 ORDERING in accordance with the order of the Court of Appeals, it is hereby ordered that plaintiff's in forma pauperis status is reinstated. (cc: USCA, 9th circuit) (Plummer, M)
May 11, 2015 Opinion or Order Filing 97 ORDER signed by Chief Judge Morrison C. England, Jr. on 5/8/2015 DISMISSING this case pursuant to F.R.Cv.P. Rule 41(b), E.D. Cal. Local Rule 110. CASE CLOSED. (Michel, G.)
March 30, 2015 Opinion or Order Filing 96 ORDER signed by Chief Judge Morrison C. England, Jr. on 3/27/2015 ORDERING that the 92 findings and recommendations are ADOPTED in full. Defendant Sotak's 74 Motion to Revoke Plaintiff's In Forma Pauperis Status is GRANTED. The Court& #039;s 9 order granting in forma pauperis status is VACATED and Plaintiff's in forma pauperis status is REVOKED. Plaintiff is ordered to furnish the statutory filing fee of $350 to proceed with this action and is admonished that failure to pay the filing fee within thirty days of this order will result in dismissal of this action. (Zignago, K.)
March 11, 2015 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/10/2015 DENYING plaintiff's 93 request for appointment of counsel. (Yin, K)
February 25, 2015 Opinion or Order Filing 92 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 RECOMMENDING that the 74 MOTION to Revoke Plaintiff's In Forma Pauperis Status be granted, the 9 Order granting IFP be vacated and plaintiff be required to furnish the statutory filing fee of $350. Objections due within 14 days after being served with this Findings and Recomendations. Referred to Judge Morrison C. England, Jr. (Donati, J)
July 7, 2014 Opinion or Order Filing 83 ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 7/3/14 and DENYING Defendant Smith's 63 Motion to Dismiss. (Manzer, C)
March 24, 2014 Opinion or Order Filing 77 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/24/2014 RECOMMENDING that the 63 Motion to Dismiss be denied; REFERRING this matter to Judge Lawrence K. Karlton; ORDERING that any objections be filed within fourteen days. (Michel, G)
February 14, 2014 Opinion or Order Filing 72 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 02/14/14 ordering the Custodian to produce Gregory C. Bontemps via telephonic conferencing on 03/19/14 at 10:30 a.m. in courtroom 8 before Magistr ate Judge Edmund F. Brennan. 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. (cc: I.T. Dept, Sacramento) (Plummer, M)
April 2, 2013 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/2013 ORDERING that, within 21 days, plaintiff shall file either an opposition to the 63 motion to dismiss or a statement of no opposition. (Yin, K)
February 20, 2013 Opinion or Order Filing 61 ORDER signed by Judge Lawrence K. Karlton on 2/19/2013 ADOPTING 59 Findings and Recommendations in full; DENYING 40 Motion to Revoke Plaintiff's IFP Status; DENYING 50 Motion to Dismiss; DIRECTING Defendants Smith and Sotak to file responsive pleadings in accordance with the requirements set forth in F.R.Cv.P. Rule 12. (Michel, G)
January 16, 2013 Opinion or Order Filing 59 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/16/2013 ORDERING that defendant Smith's 56 motion to strike is GRANTED in that plaintiff's 8/14/2012 filing is DISREGARDED; plaintiff's 42 , 52 Fifth and Sixth Amended Complaints are STRICKEN; and RECOMMENDING that defendants' 40 motion to revoke plaintiff's IFP status be denied; defendant Sotak's 50 motion to dismiss be denied; and defendants Smith and Sotak be directed to file a responsive pleading in accordance with the requirements set forth in Rule 12 of the F. R. Civ. P.. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K) Modified on 1/16/2013 (Yin, K).
July 24, 2012 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 ordering within 14 days from the date of service of this order, defendant Sotak shall pay to the U.S. Marshal the sum of $56.12 unless within that time defendant files a written statement showing good cause for failing to waive service. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
May 21, 2012 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/21/12 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
April 16, 2012 Opinion or Order Filing 41 ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 4/16/12. Defendants Cannon, Tidwell and Slayball are DISMISSED without prejudice. (Manzer, C)
March 5, 2012 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/12 denying 32 Motion to Appoint Counsel. (Dillon, M)
February 29, 2012 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Edmund F. Brennan on 02/28/12 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 Sotak. (Plummer, M)
January 4, 2012 Opinion or Order Filing 25 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/04/12 ORDERING that service is appropriate for defendants Smith and Sotak. Clerk shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the 24 10/13/11 Fourth Amended Complaint; within 30 days, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed documents and three copies of the endorsed fourth amended co mplaint. IT IS RECOMMENDED that defendants Cannon, Tidwell, and Slayball be dismissed without prejudice due to plaintiff's failure to state a claim upon which relief may be granted Objections to these F&Rs due within 20 days; case referred to Judge Lawrence K. Karlton. (Benson, A.)
September 20, 2011 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Edmund F. Brennan on 09/19/11 ordering that the 3rd amended complaint is dismissed for failure to state a claim, with leave to amend within 30 days. (Plummer, M)
March 25, 2011 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/24/2011 ORDERING that the second amended cmpt is DISMISSED for failure to state a claim, w/ leave to amend w/in 30 days.(Yin, K)
October 27, 2010 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/10 ORDERING the 4/13/10 findings and recommendations 13 are VACATED; the complaint is DISMISSED with leave to amend within 30 days. (Carlos, K) Modified on 10/27/2010 (Carlos, K).
April 13, 2010 Opinion or Order Filing 13 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/13/10 ORDERING that the Clerk is directed to randomly assign a United States District Judge to this case; RECOMMENDING that this action be dismissed for plaintiffs failure to state a claim. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
February 1, 2010 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/1/10 ORDERING that 8 Motion to Proceed IFP is GRANTED; Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. The complaint is dismissed with leave to amend within 30 days. (Dillon, M)
August 4, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/09 ORDERING that pltf has 30 days to submit the required trust acct statement and affidavit; failure to comply will result in a recommendation that this action be dismissed; the clerk to send pltf a new ifp application. (Yin, K)
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Plaintiff: Gregory C. Bontemps
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Defendant: Sotak
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Defendant: Tidwell
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Defendant: Slayball
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Defendant: Kelly L. Cannon
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