Mayweathers v. Swarthout et al
Plaintiff: Karluk M Mayweathers
Defendant: Gary Swarthout, Abdul R. Nasir, Leah Sudran and Barry Smith
Case Number: 2:2009cv03284
Filed: November 24, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Kendall J. Newman
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
November 26, 2013 Opinion or Order Filing 72 ORDER DISMISSING CASE with prejudice pursuant to FRCP 41(a)(1)(A)(ii) signed by Magistrate Judge Kendall J. Newman on 11/26/13. Each side to bear its own attorney's fees. CASE CLOSED. (Manzer, C)
August 28, 2013 Opinion or Order Filing 70 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 08/27/13 ordering that the deadline for filing of dispositional documents in this action is extended to 11/25/13. (Plummer, M)
May 28, 2013 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/13 ORDERING that the deadline for filing of dispositional documents is extended to August 26, 2013.(Dillon, M)
February 26, 2013 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Kendall J. Newman on 2/26/13 ORDERING that the deadline for filing dispositional documents in this action is extended to May 27, 2013.(Dillon, M)
November 28, 2012 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/12 ORDERING that the parties shall file dispositional documents, and a stipulated request for dismissal of this action, within 90 days after the filing date of this order; if additional time is required, the parties shall file a stipulation and proposed order providing for an extension of time.(Dillon, M)
November 9, 2012 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2012 VACATING the 60 court's order and CORRECTING the November 15, 2012 date to be on a Thursday; GRANTING plaintiff's 59 motion for confidential attorney-client telephone calls ; the CMCW Warden, Litigation Coordinator and other pertinant staff shall facilitate two confidential telephone calls between inmate Karluk Mayweathers and his appointed counsel; and the clerk is to promptly serve a copy of this order, by facsimile and/or email, on both the CMCW Warden and the Litigation Coordinator. See Order for Details. (Copy of Order faxed to both the CMCW Warden and the Litigation Coordinator). (Yin, K)
November 7, 2012 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Kendall J. Newman on 11/6/2012 GRANTING plaintiff's 59 motion for confidential attorney-client telephone calls; the CMCW Warden, Litigation Coordinator and other pertinant staff shall facilitate two confid ential telephone calls between inmate Karluk Mayweathers and his appointed counsel; and the clerk is to promptly serve a copy of this order, by facsimile and/or email, on both the CMCW Warden and the Litigation Coordinator. See Order for Details. (Copy of Order faxed to both the CMCW Warden and the Litigation Coordinator) (Yin, K)
July 18, 2012 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 07/17/12 ORDERING ( Settlement Conference set for 11/15/2012 at 01:00 PM in Courtroom 2 before Magistrate Judge Craig M. Kellison.) (cc: CMK) (Plummer, M)
June 25, 2012 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/2012 ORDERING the CMCW Warden, Litigation Coordinator, and other pertinent correctional staff, shall facilitate a telephone call betweeen inmate Karluk Mayweathers, and his appointed counsel, on 6/27/2012 at 2:00pm. This call shall continue without interruption, for a maximum of 120 minutes or until completed. Plaintiff's counsel shall provide Litigation Coordinator with a telephone number that may be used to reach them at their office. The clerk is ordered to promply serve this order on the Warden and Litigation Coordinator of CMCW. (Donati, J)
May 15, 2012 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/2012 ORDERING that Amir M. Nassihi is APPOINTED as counsel for Karluk M Mayweathers; the clerk is to serve a copy of this order upon Amir Nassihi; the clerk is to also serve a copy of this order on plaintiff; counsel for the parties are to file, within 45 days, a joint status report. (cc: ADR) (Yin, K)
April 27, 2012 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Kendall J. Newman on 04/27/12 denying 47 Motion to Dismiss and granting 51 Motion to Appoint Counsel. The clerk of the court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept this appointment, for the purpose of pursuing this action on plaintiff's behalf through all pretrial and trial proceedings. All current deadlines are vacated. (Plummer, M)
March 26, 2012 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2012 ORDERING that the 7/24/12 trial date and the 4/23/12 trial confirmation hearing are VACATED pending further order of the court; the clerk is to send plaintiff one copy each of 42 , 45 , 48 orders, and one copy each of defendants' 44 , 46 , 47 motions; plaintiff shall, within 21 days, file and serve a statement explaining his recent lack of participation in this case; in addition, plaintiff shall, within 21 days, file and serve an opposition to defendants' 47 motion to dismiss, or request to voluntarily dismiss this action. (Yin, K)
February 28, 2012 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/12 ORDERING that 46 Motion to vacate the February 24, 2012 deadline for defendants pretrial statement is granted, nunc pro tunc; the Pretrial Conference scheduled for March 9, 2012, is vacated; and plaintiff shall timely respond to the pending motion to dismiss, filed by defendants on February 24, 2012.(Dillon, M)
January 5, 2012 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 1/04/12 granting 44 Motion extend the deadline for filing pretrial statements. Plaintiff shall file and serve his pretrial statement, and any motions necessary to obtain the attendance of witne sses at trial on or before 02/10/12. Defendants shall file their pretrial statement on or before 02/24/12. The pretrial conference, which will be held on the papers only, is hereby extended to 03/09/12. All other dates and provisions of the further scheduling order 42 remain in effect. (Plummer, M)
September 7, 2011 Opinion or Order Filing 40 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 09/06/11 ordering the custodian to produce Karluk M. Mayweathers at 10/20/11 at 9:00 a.m. in courtroom 2 before Magistrate Judge Craig M. Kellison. 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 the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
August 26, 2011 Opinion or Order Filing 38 ORDER adopting in full 36 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 8/26/11; and defendants' 30 motion for summary judgment is DENIED. (Kastilahn, A)
July 14, 2011 Opinion or Order Filing 36 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/13/11 RECOMMENDING that 30 MOTION for SUMMARY JUDGMENT be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)
January 20, 2011 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/11, ORDERING that dfts' 28 motion for a 30 day EXT of time is GRANTED. Dfts shall file their dispositive motion(s) ON or BEFORE 2/14/11. (Kastilahn, A)
September 27, 2010 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2010 GRANTING pltf's 23 motion to compel discovery and dfts to adhere to the representations set forth in their statement. (Yin, K)
September 16, 2010 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Kendall J. Newman on 09/16/10 ordering defendant is hereby directed to serve and file, within 7 days of the filing date of this order, a declaration stating whether he has now responded to plaintff's interrogatories and, if so, on what date. (Plummer, M)
August 27, 2010 Opinion or Order Filing 22 ORDER signed by Senior Judge Lawrence K. Karlton on 8/26/2010 ORDERING 21 FINDINGS AND RECOMMENDATIONS are adopted in full; and defendant Barry Smith is terminated from this action. (Matson, R)
June 22, 2010 Opinion or Order Filing 21 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/21/10 RECOMMENDING that defendant Barry Smith be dismissed from this action. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)
March 2, 2010 Opinion or Order Filing 13 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Karluk M. Mayweathers signed by Magistrate Judge Kendall J. Newman on 03/01/10. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
December 18, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/17/09 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis; Clerk of the Court is dir ected to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and plaintiff shall submit, within 30 days, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)
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Plaintiff: Karluk M Mayweathers
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Defendant: Gary Swarthout
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Defendant: Abdul R. Nasir
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Defendant: Leah Sudran
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Defendant: Barry Smith
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