Alcala v. Martel
Petitioner: Joseph G Alcala
Respondent: Mike Martel
Case Number: 2:2009cv03407
Filed: December 8, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: John F. Moulds
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
March 30, 2013 Opinion or Order Filing 99 ORDER signed by Judge Kimberly J. Mueller on March 30, 2013. Granting 81 Motion for Summary Judgment; adopting 97 FINDINGS AND RECOMMENDATIONS and this case is CLOSED. (Andrews, P)
February 21, 2013 Opinion or Order Filing 97 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/20/13 ORDERING that Plaintiff's sur-reply to defendants's Motion for Summary Judgment 94 , is struck. Defendants' requests for judicial notice as set forth in their motion for Summary Judgment and their reply are DENIED except to regarding their request for judicial notice that James E. Daly is currently incarcerated at Mule Creek State Prison and that his physician and surgeon license was revoked on 2/214/06. Plaintiff's requests for judicial notice as set forth in his opposition to the Motion for Summary Judgment are DENIED. Furthermore, IT IS HEREBY RECOMMENDED that defendants; MOTION for Summary Judgment 81 be granted.These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
December 7, 2012 Opinion or Order Filing 92 ORDER granting 88 Motion for Extension of time signed by Magistrate Judge John F. Moulds on 12/6/12: Defendants' reply filed November 20, 2012 is deemed timely. Plaintiff's November 26, 2012 motion to appoint counsel 91 is DENIED. (Kaminski, H)
August 20, 2012 Opinion or Order Filing 80 ORDER signed by Magistrate Judge John F. Moulds on 8/20/2012, ORDERING that the 72 findings and recommendations are VACATED; defendants' 53 motion for summary judgment is DENIED without prejudice to its renewal within 30 days; plaintiff's opposition to any renewed motion shall be filed and served no later than 30 days after service of the renewed motion; and defendants' reply, if any, due no later than 14 days after service of the opposition. (Yin, K)
June 20, 2012 Opinion or Order Filing 72 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 06/19/12 ORDERING plaintiff's request for deferment 64 is denied. Defendants' request to strike sur-reply 68 , 71 is granted. Defendants' request for judicial notice 68 is granted. Also, RECOMMENDING that defendants' motion for summary judgment be granted. MOTION for SUMMARY JUDGMENT 53 referred to Judge Kimberly J. Mueller. Objections due within 20 days. (Plummer, M)
March 2, 2012 Opinion or Order Filing 63 ORDER signed by Judge Kimberly J. Mueller on 3/1/12 ADOPTING in full 48 FINDINGS AND RECOMMENDATIONS; DENYING 47 Motion for Certification and for Stay. (Meuleman, A)
January 3, 2012 Opinion or Order Filing 62 ORDER signed by Magistrate Judge John F. Moulds on 12/30/11 denying 61 Motion to Appoint Counsel. (Dillon, M)
August 19, 2011 Opinion or Order Filing 48 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/18/11: Recommending that 47 MOTION for certification and motion to stay be denied. 47 MOTION referred to Judge Judge Frank C. Damrell, Jr.. Objections to F&R due within twenty days. (Kaminski, H)
July 29, 2011 Opinion or Order Filing 46 ORDER ADOPTING 44 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 7/29/2011. Defendants' 36 Motion to Dismiss is DENIED. (Marciel, M)
July 6, 2011 Opinion or Order Filing 44 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 7/5/2011 ORDERING thatdefendants' 41 June 2, 2011 motion to modify the March 16, 2011 schedulingorder is GRANTED. The Clerk of the Court is directed to send a copy of plaintiff's second amended complaint to J. Clark Kelso, Receiver, c/o California Department of Corrections and Rehabilitation Controlled Correspondence Unit, P.O. Box 4038, Sacramento, CA 95812-4038. It is recommended that defendants' 36 April 13, 2011 motion to dismiss be denied. Objections due within twenty days after being served with these findings and recommendations. (Duong, D)
June 28, 2011 Opinion or Order Filing 43 ORDER signed by Judge Frank C. Damrell, Jr on 06/28/11 ordering the findings and recommendations filed 04/08/11 35 are adopted in full. Plaintiff's 03/14/11 motion for a temporary restraining order 32 is denied.(Plummer, M)
April 8, 2011 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 4/7/11 RECOMMENDING that 32 MOTION for TEMPORARY RESTRAINING ORDER be denied. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 10, 2011 Opinion or Order Filing 26 RELATED CASE ORDER signed by Magistrate Judge John F. Moulds on 2/9/2011 ORDERING that the action denominated as No. CIV S-10-3448 EFB P is REASSIGNED to US Magistrate Judge John F. Moulds for all further proceedings; the clerk to make the appropriate adjustment in the case assignment. (Yin, K) Modified on 2/11/2011 (Plummer, M).
October 27, 2010 Opinion or Order Filing 20 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph G. Alcala signed by Magistrate Judge John F. Moulds on 10/26/10. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350 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)
January 19, 2010 Opinion or Order Filing 5 ORDER signed by Magistrate Judge John F. Moulds on 01/14/10 ordering the 12/08/09 petition 1 is dismissed. Within 30 days from the date of this order, petitioner shall complete the attached notice of amendment and submit it along with an original and 1 copy of the amended complaint. The clerk of the court shall send plaintiff the civil rights complaint form.(Plummer, M)
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Petitioner: Joseph G Alcala
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Respondent: Mike Martel
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