Akhtar v. Mesa et al
Plaintiff: Javiad Akhtar
Defendant: J. Mesa, S. Tumar, L Ward and Mule Creek State Prison
Case Number: 2:2009cv02733
Filed: October 1, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Gregory G. Hollows
Nature of Suit: Prisoner: Civil Rights
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
December 9, 2014 Opinion or Order Filing 117 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/*09/14 recommending that defendant Ward's motion for summary judgment 108 be granted, judgement entered for defendant and this case be closed. MOTION for SUMMARY JUDGMENT 108 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
October 30, 2014 Opinion or Order Filing 116 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/30/2014 DISMISSING this case with prejudice pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Donati, J)
September 5, 2014 Opinion or Order Filing 111 ORDER on STIPULATION signed by Magistrate Judge Allison Claire on 09/04/14 ordering ( Motion Hearing set for 10/29/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) regarding the motion for summary judgment 108 . The deadline for any opposition and reply is reset according to Local Rule 230 (c) and (d). (Plummer, M)
June 25, 2014 Opinion or Order Filing 107 ORDER signed by Chief Judge Morrison C. England, Jr. on 6/25/2014 ORDERING that the 102 findings and recommendations are ADOPTED IN FULL. Plaintiff's 90 Motion to Amend the Complaint is DENIED. (Zignago, K.)
May 14, 2014 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Allison Claire on 5/14/14 ORDERING that the parties meet and confer to determine whether they believe participation in mediation would be beneficial. If all parties believe that participation in mediation would be beneficial, they shall, by Friday, May 16, 2014, so inform Sujean Park of the Courts Alternative Dispute Resolution (ADR) Division.(Dillon, M)
March 13, 2014 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Allison Claire on 03/12/14 denying plaintiff's request to strike 92 . Plaintiff's request to continue the hearing is granted as to 90 MOTION to AMEND the 53 Amended Complaint ( Motion Hearing continued to 4/2/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) (Plummer, M)
January 28, 2014 Opinion or Order Filing 89 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/27/14 ordering the deadline for joinder of the parties is extended to 02/17/14. (Plummer, M)
December 3, 2013 Opinion or Order Filing 87 STIPULATION and ORDER; Revised Scheduling Order signed by Magistrate Judge Allison Claire on 12/2/13. The deadline for joinder of additional parties is January 27, 2014. The parties shall conclude fact discovery, and any motions to compel related to nonexpert discovery must be filed by March 14, 2014 and noticed to be heard, in accordance with L.R. 230(b), by April 11, 2014. The parties shall make expert witness disclosures by no later than April 30, 2014. Expert discovery shall be completed, and any motions pertaining to expert discovery shall be filed by June 30, 2014 and noticed to be heard no later than July 30, 2014. Dispositive motions shall be filed no later than August 22, 2014 and noticed to be heard by no later than Septembe r 30, 2014. A settlement conference will be set as appropriate. The final pretrial conference and jury trial settings are hereby vacated, and will be reset following the Courts determination of any dispositive motions. With the exception of these changes, the other provisions of the Courts August 26, 2013 Order 85 remain in effect.(Dillon, M)
August 26, 2013 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Allison Claire on 8/26/13: Initial disclosures under Fed. R. Civ. P. 26(a)(1) shall be completed by September 27, 2013. The deadline for joinder of additional parties is November 27, 2013. Discovery due by 1/8/2014. Designation of Expert Witnesses due by 1/31/2014. Dispositive Motions filed by 5/28/2014. Final Pretrial Conference set for 7/10/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. Jury Trial set for 9/8/2014 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. The status conference before the undersigned, set for August 28, 2013, is hereby VACATED. (Kaminski, H)
July 30, 2013 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Allison Claire on 07/29/13 ordering Larry Ward Jr., Robert Ward and Cherie Ward are hereby substituted for defendant Doe One, Successor in interest to Larry Ward Sr. (Plummer, M)
July 25, 2013 Opinion or Order Filing 75 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 07/25/13 ordering ( Status Conference continued to 8/28/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) (Plummer, M)
July 12, 2013 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Allison Claire on 7/12/2013 SETTING a Status (Pretrial Scheduling) Conference for 8/7/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; the parties shall submit a joint status report due by 7/31/2013. (Yin, K)
June 21, 2013 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Allison Claire on 06/20/13 ordering plaintiff's motion to substitute a successor-in-interest for a deceased party 61 is granted. "Doe One, Successor-in-Interest to L. Ward" is hereby substituted for defendant L. Ward. Plaintiff's motion to allow discovery of Doe defendants 62 is granted. Discovery related to the identity of L. Ward's successor-in-interest shall be completed within 90 days. Within 7 days of the close of Doe discove ry, plaintiff shall file a further Notice of Substitution identifying the proper party to be substituted for Doe One, Successor-in-Interest to L. Ward. No further motion for substitution shall be necessary. Within 14 days thereafter, plaintiff shall serve the summons and complaint together with the Notice of Substitution, on the successor-in-interest substituted for the Doe defendant. (Plummer, M)
June 7, 2013 Opinion or Order Filing 67 ORDER signed by Chief Judge Morrison C. England, Jr. on 6/6/2013 ORDERING that the 60 Findings and Recommendations are ADOPTED IN FULL. The 55 Motion to Dismiss is DENIED. Defendants are ordered to file an answer within thirty days of the date of this order. (Zignago, K.)
April 25, 2013 Opinion or Order Filing 60 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/24/13 RECOMMENDING that 55 MOTION to DISMISS be denied; and Defendants be ordered to file an answer within thirty days of date of the order adopting these findings and recommendations if that occurs. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
January 15, 2013 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Allison Claire on 1/15/2013 and stipulated between the parties EXTENDING the time for plaintiff to file a second amended complaint to on or before 1/23/2013; defendants' response due 30 days after. (Yin, K)
January 2, 2013 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Allison Claire on 01/02/13 ordering that the time for plaintiff to file a second amended complaint is hereby extended until on or before 1/16/13, and defendants' response to the second amended complaint will be due 30 days after the time for filing a second amended complaint has expired. (Plummer, M)
December 3, 2012 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Allison Claire on 12/3/2012 ORDERING that plaintiff may file a second amended complaint within 30 days; if a second amended complaint is filed, defendants' response due within 30 days thereafter; absent the filing of a proposed second amended complaint, this matter will proceed upon plaintiff's first amended complaint, and defendants' answer will be due 30 days after the time for filing a second amended complaint has expired.(Yin, K)
June 7, 2011 Opinion or Order Filing 39 MEMORANDUM and ORDER signed by Judge Frank C. Damrell, Jr. on 6/7/2011 DENYING 33 Motion to Alter or Amend the Judgment. (Zignago, K.)
May 31, 2011 Opinion or Order Filing 37 ORDER signed by Judge Frank C. Damrell, Jr on 5/31/11 RE-SETTING Hearing on 33 MOTION to AMEND the JUDGMENT. Motion Hearing RESET for 6/24/2011 at 10:00 AM before Judge Frank C. Damrell Jr. (Meuleman, A)
April 7, 2011 Opinion or Order Filing 31 ORDER granting 25 Motion to Dismiss signed by Judge Frank C. Damrell, Jr on 4/7/2011. CASE CLOSED. (Waggoner, D)
March 8, 2011 Opinion or Order Filing 27 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 03/08/11 ORDERING the clerk shall assign a District Judge to this case. U.S. District Judge Frank C. Damrell randomly assigned to this action. Also, RECOMMENDING that defendants' 01/11/11 motion to dismiss be granted and this action be dismissed. MOTION to DISMISS 25 referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
October 21, 2010 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/2010 VACATING 19 Order and ORDERING the Clerk is directed to send plaintiff 3 USM-285 forms, one summons, an instruction sheet and a copy of the 12 amended complaint. Within 60 days from the date of this order, plaintiff shall complete and submit the attached notice of submission of documents to the court. (Donati, J)
October 20, 2010 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/20/10 ordering the clerk of the court shall send plaintiff 1 USM 285 form, instruction sheet and a copy of the 05/12/10 amended complaint to be completed and returned within 60 days. (Plummer, M)
September 15, 2010 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/15/10. Counsel is directed to contact the Clerk's Office to make arrangements for copies of the file; and The Civil Rights Clinic shall inform the court of their decision at their earliest convenience. (cc: The Civil Rights Clinic)(Mena-Sanchez, L)
February 22, 2010 Opinion or Order Filing 6 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 2/22/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Javiad Akhtar to the clerk until the balance of $350 is pa id 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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Plaintiff: Javiad Akhtar
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Defendant: J. Mesa
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Defendant: S. Tumar
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Defendant: L Ward
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Defendant: Mule Creek State Prison
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