Draper v. Rosairo et al

Plaintiff: John Clint Draper
Defendant: D. Rosairo, County of Solano, Department of Corrections, Swarthout, Colter, P.C. Lee, - Flowers, E. Rogers, ICC Classification Committee, Brown, K. Moors, G. Alters, D. Blackwill, R. Cappel, J. Whitfield and Rallos
Case Number: 2:2010cv00032
Filed: January 5, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Frank C. Damrell
Presiding Judge: Edmund F. Brennan
Nature of Suit: Prisoner: Civil Rights
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
August 17, 2017 Opinion or Order Filing 295 ORDER signed by District Judge Kimberly J. Mueller on 8/17/17 ORDERING the court DECLINES to award any costs to Rosario against Draper. (Becknal, R)
January 5, 2017 Opinion or Order Filing 281 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Kimberly J. Mueller on 1/5/17 ORDERING the Custodian to produce John Clint Draper via telephone conferencing at 10:00 am on 2/24/17 before Judge Kimberly J. Muel ler. 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 Custodian. (cc: IT Dept)(Dillon, M) (Docket Text Modified on 1/5/2017 by C. Schultz)
December 2, 2016 Opinion or Order Filing 279 ORDER signed by District Judge Kimberly J. Mueller on 12/1/16. The Court will hold a hearing on the matter at 10:00 AM on 2/10/2017. Both parties have a deadline of 5:00 p.m. on 1/13/17 to submit initial briefs. Should the parties wish to submit rebuttal briefs, they must do so by 5:00 p.m. on 1/27/2017. (Mena-Sanchez, L)
October 6, 2014 Opinion or Order Filing 263 ORDER signed by Judge Kimberly J. Mueller on 10/6/2014. During Trial, plaintiff sought to admit the Declaration of a witness describing interaction between plaintiff and defendant Rosario giving rise to instant lawsuit. The Court denied the Motion to Admit the declaration, but allowed plaintiff to provide a copy of Declaration for the record. In light of the showing made during Trial and as part of Request to Seal, that maintaining the Declaration in the public record might endanger the affiant, the Court is GRANTING plaintiff's Motion to Submit unredacted Declaration dated 1/28/2014 under seal,accessible only to counsel for plaintiff and defendant. See Hunt v. Fields, No. 2:09-CV-3525 KJM GGH P, 2012 WL 3070413, at *2 (E.D. Cal. July 26, 2012). Clerk directed to file witness declaration UNDER SEAL. (Marciel, M)
July 24, 2014 Opinion or Order Filing 257 ORDER signed by Judge Kimberly J. Mueller on 7/23/2014 GRANTING defendant D. Rosario's 239 Application to Tax Costs and for Itemization of Costs. Plaintiff is taxed $3,018.35 in costs. (Marciel, M)
July 3, 2014 Opinion or Order Filing 245 ORDER by Judge Kimberly J. Mueller on 7/2/2014 re exclusion of recording during trial. (Owen, K)
June 27, 2014 Opinion or Order Filing 240 ORDER signed by Judge Kimberly J. Mueller on 6/26/14 ORDERING that the current status update consisting of documents and a CD submitted to the court on 6/12/2014, will be filed under seal. (Kastilahn, A)
June 17, 2014 Opinion or Order Filing 225 PRELIMINARY JURY INSTRUCTIONS before Judge Kimberly J. Mueller on 6/17/2014. (Reader, L)
June 13, 2014 Opinion or Order Filing 220 ORDER ON REQUEST TO SEAL DOCUMENT(S) signed by Judge Kimberly J. Mueller on 6/12/14. The Clerk is directed to file under seal the current status update, submitted to the court on 6/11/14. (Manzer, C)
June 10, 2014 Opinion or Order Filing 212 ORDER signed by Judge Kimberly J. Mueller on 6/10/2014 ORDERING that if defendant seeks to introduce the video recording, lodged with the court on 5/29/2014, at trial set to begin 6/16/2014, he must be prepared to also make available for any questio ning the court may allow the following persons: the officer who made the video, the attorney who certified that the video did not exist in response to plaintiff's motion to compel, and the person who located the recording at CSP-Solano. These persons shall be made available promptly, if ordered by the court, on the first day of trial or any day of trial thereafter. (Zignago, K.)
June 9, 2014 Opinion or Order Filing 209 ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Kimberly J. Mueller on 6/9/2014 ORDERING the Warden to produce Inmate Richard Shepard, CDCR No. H-40705, at 09:00 AM on 6/16/2014 in Courtroom 3 (KJM) before Judge Kimberly J. Mu eller, and from day to day until completion of court proceedings or as ordered by the court; ORDERING the Warden to notify the Court of any changes in custody and to provide any new custodian with a copy of this writ; DIRECTING the Clerk of Court to serve a courtesy copy of this order and Writ of Habeas Corpus Ad Testificandum on the Litigation Coordinator at Correctional Training Facility by fax at 831/678.5866. (Out-to-Court Desk) (Michel, G)
May 9, 2014 Opinion or Order Filing 197 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce Mario Thompson at 9:00 on 6/16/14 in Courtroom 3. 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 Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
April 25, 2014 Opinion or Order Filing 181 ORDER signed by Judge Kimberly J. Mueller on 4/25/14 ORDERING that Defendant's MOTION to supplement his witness and exhibit lists, 159 is GRANTED in part and DENIED in part. Defendant's supplemental witness and exhibit lists are due by 5/2/2014; and Plaintiff's MOTION to admit the declarations of Richard Shepard, 162 is DENIED. (Mena-Sanchez, L)
April 8, 2014 Opinion or Order Filing 158 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 ordering the 04/07/14 writ to provide for inmate Shepard's presence on May 5th 150 is vacated. The clerk is directed to serve a copy of this order on the Warden, Correctional Training Facility. (cc: OTCD)(Copy of this order served on the Warden, Correctional Training Facility)(Plummer, M) Modified on 4/8/2014 (Plummer, M).
April 7, 2014 Opinion or Order Filing 154 ORDER signed by Judge Kimberly J. Mueller on 4/7/14 DENYING the request to obtain the presence of Inmate Shepard and GRANTING the request to obtain the presence of Inmates Frank Thompson, Mario Thompson, Michael Haynes and John Mitchell. The Clerk is directed to issue the appropriate writs. (Manzer, C)
April 3, 2014 Opinion or Order Filing 137 AMENDED ORDER signed by Judge Kimberly J. Mueller on 4/3/14. The parties' MOTIONS on limine are due by 4/7/14, oppositions due by 4/14/14, and any replies by 4/21/14. The parties should inform the court whether resolution of any of the motion s might require an evidentiary presentation. Each party is granted fourteen days from the date of this order to file objections to the same. If no objections are filed, the order will become final without further order of this court.(Mena-Sanchez, L) Modified on 4/3/2014 (Mena-Sanchez, L).
February 20, 2014 Opinion or Order Filing 123 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/20/14 ORDERING the Custodian to produce John Clint Draper at 3:30 pm on March 20, 2014 in Courtroom 3 before Judge Kimberly J. Mueller. C ustodian 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 Custodian and Out-to-Court Desk. (cc: OTCD; 3 certified copies served on Warden)(Dillon, M)
January 30, 2014 Opinion or Order Filing 120 ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 1/30/14 ORDERING the cusodian to produce John Clint Draper in court on Thursday, February 6, 2014 at 10:00 a.m. The 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. (cc OTCD) (Dillon, M)
January 10, 2014 Opinion or Order Filing 116 ORDER signed by Judge Kimberly J. Mueller on 1/9/14 DENYING plaintiff's request for the production of materials from defendant's personnel file. The Clerk is directed to file under seal the materials produced by defendant in camera in order to preserve the record. (Manzer, C)
November 27, 2013 Opinion or Order Filing 112 ORDER signed by Judge Kimberly J. Mueller on 11/26/2013 GRANTING in part and DENYING in part plaintiff's 104 Motion to Re-Open Discovery. Parties shall exchange Initial Disclosures within 14 days of date of Order. The new Discovery deadline is 1/31/2014. The Settlement Conference is CONTINUED to 2/6/2014 at 10:00 AM in Courtroom 3 (KJM). Final Pretrial Conference is RE-SET for 3/20/2014 at 3:30 PM in Courtroom 3 (KJM). Parties' Joint Pretrial Statement due 3/6/2014. Trial is SET for 4/21/2014 at 9:00 AM in Courtroom 3 (KJM). (Marciel, M)
September 24, 2013 Opinion or Order Filing 99 ORDER ADOPTING 97 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 9/23/13 ORDERING that the defendant's 77 Motion for Summary Judgment is DENIED. Attorney Judson Earle Lobdell appointed for John Clint Draper. A Settlem ent Conference is set for 12/12/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Confidential Settlement Conference Statements due at least 7 days prior to conference. Final Pretrial Conference set for 2/6/2014 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint Pretrial Conference Statement due by 1/23/14. (Manzer, C)
July 30, 2013 Opinion or Order Filing 97 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/29/13 ORDERING that plaintiff's motions for appointment of an expert 81 and for a court order 94 are denied without prejudice. Also, RECOMMENDING that Rosario's 12/28/12 motion for summary judgment 77 be denied. Motion 77 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 17, 2013 Opinion or Order Filing 90 ORDER signed by Judge Kimberly J. Mueller on 4/16/13 ORDERING that, upon reconsideration, the order of the magistrate judge filed January 10, 2013, is affirmed. (Becknal, R)
January 17, 2013 Opinion or Order Filing 83 ORDER signed by Judge Kimberly J. Mueller on 1/16/13 GRANTING 74 Motion for Reconsideration. The 71 Order on Motion to Compel is AFFIRMED. (Manzer, C)
January 10, 2013 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/10/2013 DENYING plaintiff's 79 motion for a deposition transcript. (Yin, K)
December 12, 2012 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2012 DENYING 72 , 73 Motions for the disqualification of Magistrate Judge Brennan. (Michel, G)
November 2, 2012 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/01/12 denying 66 Motion to Compel and denying 67 Motion for writs of habeas corpus ad testificandum. (Plummer, M)
October 15, 2012 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/15/2012 DENYING plaintiff's 68 request for appointment of counsel. (Yin, K)
July 25, 2012 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 ordering that plaintiff's 07/09/12 request 61 is denied. (Plummer, M)
June 29, 2012 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Edmund F. Brennan on 06/29/12 ordering that plaintiff's 06/25/12 request 59 is denied. (Plummer, M)
June 26, 2012 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/26/2012 GRANTING 57 Request to Conduct Plaintiff's Deposition via Videoconference. (Michel, G)
June 18, 2012 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2012 ORDERING for the purposes of 1915A screening, 49 Amended Prisoner Civil Rights Complaint filed by John Clint Draper states a cognizable Eighth Amendment excessive force claim against defendant Rosario; 54 Jury Demand filed by John Clint Draper is DISREGARDED. (Waggoner, D)
May 18, 2012 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/12 DENYING 52 Motion to file a supplemental opposition to defendants answer. (Dillon, M)
March 30, 2012 Opinion or Order Filing 47 ORDER signed by Judge Kimberly J. Mueller on 3/30/12 ADOPTING 45 Findings and Recommendations in full, DENYING 37 Motion to dismiss as to plaintiff's eighth amendment excessive force claim against defendant Rosario and GRANTING 37 Motion to Dismiss as to all other claims. Plaintiff is GRANTED 30 days leave to file an amended complaint. Defendant Rosario is ordered to file an answer to the amended complaint within the time provided by FRCP Rule 12. (Donati, J)
March 9, 2012 Opinion or Order Filing 45 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/9/2012 RECOMMENDING that defendants' 37 motion to dismiss be denied as to plaintiff's Eighth Amendment excessive force claim against defendant Rosario, but gra nted as to all other claims; defendant Rosario be ordered to file an answer to the complaint within the time provided in Rule 12 of the F.R.Civ.P.; and plaintiff be granted leave to file an amended complaint within 30 days of an order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
October 26, 2011 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2011 DENYING pltf's 35 motion for default judgment. (Yin, K)
April 5, 2011 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/05/11 vacating 24 FINDINGS AND RECOMMENDATIONS. With this order the clerk of the court shall provide plaintiff a blank summons, a copy of the 01/05/10 complaint, 4 USM-285 forms and instructions for service of process on defendants Rosario, Flowers, Rogers and Rallos to be completed with the attached notice of submission of documents within 30 days. (Plummer, M)
March 15, 2011 Opinion or Order Filing 24 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/15/11 RECOMMENDING that this action be dismissed for failure to prosecute re 1 Prisoner Civil Rights Complaint filed by John Clint Draper. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
January 4, 2011 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/11 ORDERING that plaintiff submit either (1) the documents necessary to effect service on defendants Rosario, Flowers, Roger and Rallos or (2) an amended complaint in compliance with the courts October 15 order.(Dillon, M)
September 29, 2010 Opinion or Order Filing 16 ORDER adopting 12 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Frank C. Damrell, Jr on 9/29/10: Plaintiff's motion for a preliminary injunction is denied 8 . (Kaminski, H)
August 13, 2010 Opinion or Order Filing 13 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John Clint Draper signed by Magistrate Judge Edmund F. Brennan on 8/12/2010. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Draper v. Rosairo et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John Clint Draper
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: D. Rosairo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: County of Solano
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Department of Corrections
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Swarthout
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Colter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: P.C. Lee
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: - Flowers
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: E. Rogers
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ICC Classification Committee
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Brown
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: K. Moors
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: G. Alters
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: D. Blackwill
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: R. Cappel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: J. Whitfield
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rallos
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?