Matthew v. Lahey et al
Defendant: Lahey, Ambrick Basi, Tan and Alvaro C. Traquina
Petitioner: Joseph B. Matthew
Case Number: 2:2009cv02415
Filed: August 27, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Gregory G. Hollows
Nature of Suit: None
Cause of Action: 42:1983 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
February 21, 2013 Opinion or Order Filing 107 ORDER signed by Judge Garland E. Burrell, Jr. on 2/21/2013 DIRECTING the Clerk of Court to enter judgment in favor of the defendants. CASE CLOSED. (Michel, G)
December 20, 2012 Opinion or Order Filing 104 ORDER signed by Judge Garland E. Burrell, Jr on 12/20/12 ADOPTING 102 Findings and Recommendations and GRANTING 92 Motion for Summary Judgment. Amrick Basi (Dr.) DISMISSED from this case with prejudice. Plaintiff is informed of requirements listed within this document for opposing a motion for summary judgment. Plaintiff is GRANTED 30 days from the date of this order in which to file a supplemental opposition, if any, to the 55 Motion for Summary Judgment. (Meuleman, A)
October 23, 2012 Opinion or Order Filing 102 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/19/12 RECOMMENDING that 92 Motion for Summary Judgment be granted, and Dr. Basi be dismissed from this case with prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
July 24, 2012 Opinion or Order Filing 98 ORDER AND RAND NOTICE signed by Magistrate Judge Kendall J. Newman on 07/23/12 ordering plaintiff is informed of the following requirements for opposing a motion for summary judgment. (see order for further details). Plaintiff is granted 30 days from the date of this order in which to file a supplemental opposition, if any. Plaintiff is not required to file any such supplemental opposition. Defendants' reply, if any, shall be filed within 7 days thereafter.(Plummer, M)
July 3, 2012 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 7/3/2012 DENYING plaintiff's 91 motion to compel. (Yin, K)
January 26, 2012 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 01/25/12 granting 85 Motion to modify scheduling order. The 09/14/11 scheduling order 75 is modified as follows: The discovery deadline is extended to 04/09/12. The pretrial motion deadline is extended to 06/11/12. Plaintiff's 12/19/11 request for appointment of counsel 86 is denied. (Plummer, M)
November 10, 2011 Opinion or Order Filing 84 ORDER signed by Judge Garland E. Burrell, Jr on 11/9/11 that, upon reconsideration, the order of themagistrate judge filed October 14, 2011, is affirmed re 83 Motion for Reconsideration.(Matson, R)
October 14, 2011 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/11 ordering plaintiff's 10/03/11 opposition 81 is disregarded. (Plummer, M)
September 30, 2011 Opinion or Order Filing 80 ORDER DENYING 79 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 9/30/11. (Manzer, C)
September 15, 2011 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/11 ORDERING that Within 14 days from the date of this order defendant Basi shall pay to the United States Marshal the sum of $241.50, unless within that time defendant files a written statement showing good cause for his failure to waive service. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (cc USM)(Dillon, M)
September 6, 2011 Opinion or Order Filing 73 ORDER adopting in full 69 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 9/5/11. The motion for summary judgment 55 is GRANTED, and defendants Lahey, Tan and Traquina are DISMISSED from this case with prejudice. (Kastilahn, A)
August 22, 2011 Opinion or Order Filing 71 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/19/11 ORDERING the defendant Basi to SHOW CAUSE, within 21 days from the date of this order, why default should not be entered. The clerk shall foward a copy of this order on defendant Basi at the address at which personal service was accomplished. The clerk is directed to serve a copy of this order on Monica Anderson. (cc Monica Anderson) (Donati, J)
July 14, 2011 Opinion or Order Filing 69 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/13/11 RECOMMENDING that 55 MOTION for SUMMARY JUDGMENT be granted, and defendants Lahey, Tan and Traquina should be dismissed from this case withprejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
May 16, 2011 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/11 ORDERING that within 14 days from the date of this order, plaintiff shall file a supplemental opposition to the motion for summary judgment, along with unauthenticated copies of the medical records plaintiff argues will refute defendants motion for summary judgment. Defendants supplemental reply, if any, shall be filed seven days thereafter.(Dillon, M)
November 12, 2010 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2010 GRANTING pltf's 57 request for reconsideration; this court DECLINES to modify the 10/22/10 order. (Yin, K)
August 9, 2010 Opinion or Order Filing 50 ORDER signed by Judge Garland E. Burrell, Jr. on 8/6/2010 ORDERING that Pltf's 46 Request is GRANTED. The 42 Order is VACATED. Upon reconsideration, the 39 Order is AFFIRMED. (Zignago, K.)
July 1, 2010 Opinion or Order Filing 42 ORDER signed by Judge Garland E. Burrell, Jr on 7/1/2010 ORDERING that plaintiff's 41 June 11, 2010 request for reconsideration is DENIED. (Duong, D)
May 21, 2010 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/10 ORDERING that 37 Motion to Appoint Counsel is DENIED; Clerk of Court shall execute the three subpoenas submitted by plaintiff on 5/18/10, and shall return them to plaintiff for service.(Dillon, M)
January 19, 2010 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Gregory G. Hollows on 01/19/10 ordering plaintiff's motion filed 01/11/10 26 is both premature and inappropriate and shall be disregarded. (Plummer, M)
January 11, 2010 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Gregory G. Hollows on 01/11/10 granting in part 24 Motion for issuance of subpoenas. The Clerk of the Court is directed to provide plaintiff with 2 blank subpoena forms. (Plummer, M)
December 23, 2009 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/09 ordering this court's order and findings and recommendations filed 11/17/09 17 recommended that plaintiff's motion for preliminary injunction be granted in part and denied in part, "pending further receipt" of the information described above. This information is consistent with the original recommendation of this court, which awaits adoption by the district judge. No further preliminary relief is warranted at this time. (Plummer, M)
December 8, 2009 Opinion or Order Filing 21 ORDER DIRECTING USM to serve process w/in 10 days on dfts Lahey, Amrick Basi, Tan and Alvaro C. Traquina signed by Magistrate Judge Gregory G. Hollows on 12/8/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the cmplt, the form re consent or request for reassignment and this order. The clerk shall also send pltf a copy of the Local Rules. (cc: USM) (Yin, K)
December 3, 2009 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/3/09 ORDERING that defendants shall, on or before 12/18/09, file with the court and serve upon plaintiff the previously requested information. The Clerk of Court is directed to serve a copy of this order, and a copy of this courts order filed November 17, 2009 17 on both defendants and plaintiff (cc Monica Anderson/AG).(Dillon, M)
November 17, 2009 Opinion or Order Filing 17 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/17/09 ORDERING that no later than 11/30/09, dfts to respond w/ additional info re if a clavicle brace would be beneficial to pltf at this stage of recovery; th e clerk to assign a district judge to this case; and the 11/13/09 order is VACATED; and RECOMMENDING that pltf's 4 motion for preliminary injunction be granted in part in that dfts be ordered to provide pltf w/ excercise resistance band and denied pending further receipt of info as ordered. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due by 11/30/2009. (Yin, K)
October 27, 2009 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 10/27/09 ORDERING the director of the CDC to collect an initial partial filing fee of $4.47 and thereafter, forward payment from the prison trust account of Joseph B. Matthews to the clerk until the balance of $345.53 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)
October 21, 2009 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/2009 ORDERING Defendant has 14 days to respond to plaintiff's motion for a preliminary injunction. The court intends to act on the motion within 3 weeks. The Clerk of the Court is dire cted to send a copy of 1 the original complaint, 4 the motion for a preliminary injunction and a copy of this order upon Monica Anderson, Supervising Deputy Attorney General. In addition, the Clerk of the Court is directed to mail a copy of the original complaint, the motion for a preliminary injunction, and a copy of this order to the litigation coordinator at CA State Prison - Solano. (cc: DAG/M.Anderson, Litigation Coordinator, CSP-Solano) (Reader, L)
October 13, 2009 Opinion or Order Filing 8 ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS signed by Magistrate Judge Gregory G. Hollows on 10/13/09; Service is appropriate for Lahey, Amrick Basi, Tan, Alvaro C. Traquina. Clerk to send plaintiff: 1 Summons, 4 USM-285 Forms, and 1 copy of the 08/27/09 Complaint; submission of documents due within 30 days. The 3 Motion to Proceed IFP is GRANTED; pltf is obligated to pay the statutory filing fee of $350.00 in accordance with this courts order to the Director of the California Department of Corrections and Rehabilitation. (Manzer, C)
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Petitioner: Joseph B. Matthew
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Defendant: Lahey
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Defendant: Ambrick Basi
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Defendant: Tan
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Defendant: Alvaro C. Traquina
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