Xiong v. Kirland et al
| Xai Xiong |
| H. Kirland, - Kissinger, Wright, Anrich, Zackary and Granate |
| 2:2009cv03345 |
| December 2, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Gregory G. Hollows |
| Gregory G. Hollows |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
89
ORDER signed by Chief Judge Morrison C. England, Jr on 1/24/2014 GRANTING Defendants' 87 Motions in Limine # 1-3. (Donati, J)
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Filing
81
ORDER signed by Chief Judge Morrison C. England, Jr on 12/10/13 ORDERING that Presently before the Court is Defendants' Motion to Amend the Pretrial Order. Good cause having been shown, that Motion 77 is GRANTED. The Pretrial Order 74 is hereby amended to permit the parties to offer the following additional evidence at trial: Testimony of F. Money, Correctional Lieutenant, California Correctional Center; All physicians' progress notes from Plaintiff's medical file for th e dates, 11/24/06 to 8/28/08; All interdisciplinary progress notes from Plaintiff's medical file for the dates 11/24/06 to 8/28/08; All Health Care Service Request Forms (CDC 7362) from Plaintiff's medical file for the dates 11/24/06 to 8/28/08; and All Inmate Classification Committee notes (CDC 128-G) from Plaintiff's central inmate file for the dates 11/24/06 to 8/28/08. (Becknal, R)
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Filing
80
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/6/2013 ORDERING the custodian to produce Xai Xiong, #T-29966, to testify in USDC at 9:00 a.m. on 1/27/2014 in courtroom #7, before Judge Morriso n C. England, Jr.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the PVSP Warden. (cc: OTCD-SAC)(Yin, K)
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Filing
78
ORDER signed by Magistrate Judge Allison Claire on 11/19/13 ORDERING that the December 11, 2013 trial confirmation hearing is hereby VACATED. The remainder of the pretrial order and the jury trial scheduled for January 21, 2014, at 9:00 a.m. in Courtroom 7 before the Honorable Morrison C. England, Jr. remain in effect.(Dillon, M)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 12/11/12 ORDERING that this case is set for a Settlement Conference on 1/24/2013 at 09:30 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. Plaintiff shall personally attend, via video c onference. Defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendants behalf shall attend in person. Each party shall provide a confidential settlement statement to Suje an Park, ADR and Pro Bono Program Director, 501 I Street, Suite 4-200, Sacramento, CA 95814, so they arrive no later than 1/11/2013 and file a Notice of Submission of Confidential Settlement Statement. The Clerk is directed to serve a copy of this order on the Litigation Office at California State Prison, Sacramento via facsimile at (916) 294-3072. (Kastilahn, A) Modified on 12/11/2012 (Kastilahn, A). (Faxed copy of this order to the Litigation Office at CSP-SAC.)
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Filing
65
ORDER signed by Judge Morrison C. England, Jr on 10/24/12 ORDERING the Jury Trial is reset for 1/13/2014 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Matson, R)
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Filing
64
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/12: Plaintiff's motion for an extension of time 63 is granted. The pre-trial conference, described in the court's August 22, 2012 order, is reset to December 19, 2012. This matter remains set for trial before the Honorable Morrison C. England, Jr. On March 11, 2013 at 9:00 a.m. (Kaminski, H)
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Filing
62
ORDER signed by Magistrate Judge Gregory G. Hollows on 09/25/12 denying 60 Motion to Appoint Counsel and granting 59 Motion for subpoena forms. The clerk shall forward to plaintiff 3 blank subpoena forms. (Plummer, M)
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Filing
55
ORDER ADOPTING 52 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 2/29/2012. Defendants' 40 Motion for Summary Judgment is DENIED as to plaintiff's 8th Amendment claims against all defendants, plaintiff's supervisory liability claims against defendant Garate, and as to cell search retaliation claim against defendant Kirkland. The 40 Motion for Summary is GRANTED as to all remaining claims. (Marciel, M)
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Filing
52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 01/24/12 recommending that defendants' motion for summary judgment be denied as to plaintiff's Eight Amendment claims against all defendants, as to plaintiff' ;s supervisory liability claims against defendant Garate and the Kirkland cell search retaliation claim; and be granted as to all remaining claims. Plaintiff be ordered to file his pre-trial statement within 30 days of any order adopting the foregoi ng findings and recommendations, and that defendants be ordered to file their pre-trial statement within 21 days after service of plaintiff's. Motion for Summary Judgment 40 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/16/10 DENYING 20 Motion to Appoint Counsel. (Dillon, M)
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Filing
13
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Xai Xiong signed by Magistrate Judge Gregory G. Hollows on 02/25/10. 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)
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Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/17/09 ORDERING pltf to submit w/in 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; pltf's failure to comply will result in the dismissal of this action; and the clerk to send pltf a new ifp application.(Yin, K)
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