Mester v. Dickinson et al

Plaintiff: Morris Mester
Defendant: K. Dickinson, A. Miller, B _ Reed, L. N. Flores, K. Dilen, Gray, E. Mitchell, W. J. Sinkovich and T. Robertson
Case Number: 2:2009cv03307
Filed: November 30, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Dale A. Drozd
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
September 11, 2012 Opinion or Order Filing 123 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/10/2012 RECOMMENDING that defendant Reed's 116 motion to dismiss be granted, and this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
July 25, 2012 Opinion or Order Filing 122 ORDER AND WYATT NOTICE signed by Magistrate Judge Kendall J. Newman on 7/24/12 ORDERING that Plaintiff is hereby informed of the following requirements for opposing a motion to dismiss for failure to exhaust administrative remedies; Plaintiff is gran ted thirty days from the date of this order in which to file an opposition to the motion to dismiss, or to file a statement indicating he intends to stand on his May 25, 2012 opposition. Defendants' reply, if any, shall be filed within seven days thereafter. (Becknal, R)
May 17, 2012 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2012 ORDERING the clerk to send plaintiff a copy of defendant Reed's 3/12/12, motion to dismiss; and plaintiff is granted 30 days to file an opposition; defendants' reply, if any, shall be filed seven days thereafter.(Yin, K)
April 24, 2012 Opinion or Order Filing 117 ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to hav e the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiffs failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Dillon, M)
November 8, 2011 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/11 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 08/17/09 complaint to be completed and returned along with the Notice of Submission of documents within 60 days. (Plummer, M)
October 14, 2011 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/11 ordering plaintiff's 09/23/11 and 10/03/11 filings 106 and 108 are disregarded. The 09/19/11 findings and recommendations 102 are vacated. (Plummer, M)
September 26, 2011 Opinion or Order Filing 107 ORDER signed by Judge Kimberly J. Mueller on 9/26/11 ADOPTING 98 and 101 FINDINGS AND RECOMMENDATIONS; GRANTING 53 Motion for Summary Judgment; DENYING 90 Motion for Preliminary Injunction. Plaintiff's 2009 claims against defendant Miller are DISMISSED WITH PREJUDICE; Plaintiff's 1996 and 2000 claims against defendant Miller are DISMISSED AS TIME-BARRED. (Meuleman, A)
September 22, 2011 Opinion or Order Filing 104 ORDER signed by Judge Kimberly J. Mueller on 9/21/2011 ADOPTING 66 and 88 Findings and Recommendations, with the exception of footnote 1 on page 2 and the language appearing on page 3, line 15 through page 4, line 3. Pltf's 65 , 69 , 70 , 71 , 74 , 78 & 80 Motions for Injunctive Relief are DENIED. (Zignago, K.)
September 19, 2011 Opinion or Order Filing 102 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/19/11 recommending that defendant Reed be dismissed from this action, and this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
September 7, 2011 Opinion or Order Filing 101 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/06/11 recommending that plaintiff's motion for preliminary injunctive relief 90 be denied. MOTION for PRELIMINARY INJUNCTION 90 filed by Morris Mester referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
August 9, 2011 Opinion or Order Filing 99 ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/9/11: Within thirty days from the date of this order, plaintiff shall show cause, if any he may have, why plaintiff's claims against defendant Reed should not be dismissed. Plaintiff's July 29, 2011 motion to amend is denied without prejudice 97 . (Kaminski, H)
August 8, 2011 Opinion or Order Filing 98 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/5/2011 RECOMMENDING that the 53 MOTION to Dismiss/Motion for Summary Judgment be GRANTED; that Pltfs 2009 claims against dft Miller be dismissed with prejudice; and that Pltfs 1996 and 2000 claims against dft Miller be dismissed as time-barred. Referred to District Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Michel, G)
July 25, 2011 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 7/22/11 DENYING 93 Motion to Appoint Counsel. Plaintiffs opposition to defendants motion to dismiss or for summary judgment is due on or before 8/1/11. (Dillon, M)
July 12, 2011 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/11 ORDERING that the Clerk is directed to send plft a copy of the dft's 53 Motion; Response to motion due by 8/1/2011; dft's reply to response due within 7 days thereafter. (Manzer, C)
June 24, 2011 Opinion or Order Filing 88 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/23/11 Recommending that Plaintiff's MOTIONS for Preliminary Injunctive Relief 69 , 80 , 78 , 70 , 71 , 74 be denied. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Within twenty-one days after being served with these Findings and Recommendations, any party may file written objections with hte Court and serve a coy on all parties. (Mena-Sanchez, L)
June 23, 2011 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Kendall J. Newman on 06/22/11 DENYING 83 Motion to Appoint Counsel. (Michel, G)
May 17, 2011 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2011 ORDERING that on or before 5/25/11, dfts shall respond to pltf's claims concerning current medical care contained in pltf's 69 , 71 , 74 motions for injunctive relief, as well as, pltf's allegation that he will likely suffer imminent harm if not granted relief.(Yin, K)
May 6, 2011 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/2011 DENYING pltf's 68 request for the appointment of counsel. (Yin, K)
April 4, 2011 Opinion or Order Filing 66 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/1/2011 RECOMMENDING that pltf's 65 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due w/in 21 days. (Yin, K)
March 18, 2011 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Kendall J. Newman on 03/18/11 ordering that within 30 days from the date of this order, plaintiff shall choose from one of the following options an file the item chosen: 1. If plaintiff is unable to prosecute this ac tion, he shall file a status report providing the nature and status of his injury and explaining his inability to proceed. If plaintiff chooses this option, defendants reply shall be filed 14 days thereafter, or 2. If plaintiff intends to proceed w ith this action, plaintiff shall file an opposition to the 11/18/10 motion. If plaintiff chooses this option, defendants' reply shall be filed 14 days thereafter, Defendants shall also file a response to plaintiff's 02/11/11 motion to reinstate defendants Sinkovoch and Robertson as defendants. (Plummer, M)
January 26, 2011 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/11 ORDERING that this action is STAYED. On or before March 11, 2011, plaintiff shall file a status report providing the status of his injury, and stating whether he is able to proceed. Defendants reply, if any, shall be filed fourteen days thereafter. The Clerk of the Court is directed to administratively terminate this action.(Dillon, M)
December 22, 2010 Opinion or Order Filing 56 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/21/10 ORDERING that within thirty days from the date of this order, defendants shall show cause why this case should not be stayed for three months.(Dillon, M)
October 22, 2010 Opinion or Order Filing 43 ORDER signed by Judge Frank C. Damrell, Jr on 10/22/10 DENYING 34 Motion to stop transfer; ADOPTING in full 35 FINDINGS AND RECOMMENDATIONS. (Williams, D)
October 6, 2010 Opinion or Order Filing 36 ORDER signed by Judge Frank C. Damrell, Jr. on 10/5/2010 ADOPTING 33 Findings and Recommendations in full. Dfts Dickinson, Flores, Dilen, Gray and Mitchell are DISMISSED from this action. (Zignago, K.)
September 29, 2010 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/29/2010 RECOMMENDING that the 34 motion to stop move to stop his transfer to SVSP level 4, construed as a motion for temporary restraining order, be denied. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
August 13, 2010 Opinion or Order Filing 33 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/12/10 Recommending that Defendants Dickinson, Flores, Dilen, Gray and Mitchell be dismissed from this Action. These Findings and Recommendations are submitted to U.S. District Judge Frank C. Damrell, Jr. Within twenty-one days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. (Mena-Sanchez, L)
July 28, 2010 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/10 ORDERING that 23 Motion for entry of default judgment is DENIED without prejudice. (Dillon, M)
July 26, 2010 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/10 ORDERING the Director of the CDCR or a designee shall collect from plaintiff's trust acct monthly pmts, until the filing fee for this action has been paid in full. The pmts shall be c learly identified by the name and number assigned to this action; The Clerk is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director, CDCR, and on the Financial Dept of the court. (Becknal, R)
May 28, 2010 Opinion or Order Filing 22 ORDER signed by Judge Frank C. Damrell, Jr. on 6/27/2010 ADOPTING 21 Findings and Recommendations in full. Pltf's 18 motion to stop transfer, construed as a motion for a temporary restraining order, is DENIED. (Engbretson, K.)
April 23, 2010 Opinion or Order Filing 21 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/22/2010 recommending that the 19 motion to stop transfer construed by the court as a motion for a temporary restraining order be denied. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
March 30, 2010 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Kendall J. Newman on 03/29/10 ordering the request for court's assistance in transferring to a different prison facility 10 is denied. The motion for an investigation in appeal processing 13 is denied. (Plummer, M)

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Search for this case: Mester v. Dickinson et al
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Plaintiff: Morris Mester
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Defendant: K. Dickinson
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Defendant: A. Miller
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Defendant: B _ Reed
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Defendant: L. N. Flores
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Defendant: K. Dilen
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Defendant: Gray
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Defendant: E. Mitchell
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Defendant: W. J. Sinkovich
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Defendant: T. Robertson
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