Holley v. Swarthout et al
| Joel Holley |
| Gary Swarthout, V. Singh, Roger K. Kesterson, B. Torres and D.K. Sisto |
| 2:2010cv00615 |
| March 16, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Edmund F. Brennan |
| Prisoner: Civil Rights |
| 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
104
STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 7/30/2013 DISMISSING CASE with prejudice, pursuant to FRCP 41(a)(1)(A(ii); The Court shall retain jurisdiction to enforce the settlement agreement until the settlement funds have been paid, at which time the Court will no longer retain jurisdiction. CASE CLOSED (Reader, L)
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Filing
98
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 05/13/13 ordering the Custodian to produce Joel Holley on 07/18/13 at 10:00 a.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. 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: DAD and OTCD) (Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/10/13 ORDERING that 94 Motion to set the case for settlement conference. The Court will issue a further order setting the date, time, and location for a settlement conference. In addition, to accommodate the settlement conference, the dispositive motion deadline currently set for June 26, 2013, is stayed. Any further deadline will be set by further order of the Court, if necessary.(Dillon, M)
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Filing
91
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2013 ORDERING that defendants' 72 request for an extension of time is GRANTED, nunc pro tunc, to 6/22/2012; plaintiff's 78 motion to compel is GRANTED to the extent that (a) in response to RFP No. 1, defendants shall, within 21 days, make available to plaintiff the "Program Status Report, Part B"; and (b) in response to RFP No. 3, defendants shall, within 21 days, search for and produce to plaintiff the d ocument(s), if any, that set forth CSP-Solano's policy or practice of using color coded tags on cell doors to identify inmates by race; and (c) in response to Interrogatories numbers 9 and 12; in all other respects, plaintiff's motion is DENIED; and dispositive motions, if any, shall be filed within 90 days. (Yin, K)
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Filing
75
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/21/12 granting 69 Motion to strike amended complaint. Plaintiff's 04/17/12 filing 67 is stricken and the clerk shall make a notation of such on the docket and terminate docket 71 . Plaintiff is granted leave to file an amended complaint within 30 days of the date of this order to attempt to state a claim against defendant Singh. Any amended complaint must also include plaintiff's equal protection claims against defendants Kesterson, Sisto, Rogers, Fox, Swarthout and Torres, if plaintiff wishes to proceed on those claims in this action. (Plummer, M)
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Filing
64
ORDER signed by Judge Morrison C. England, Jr on 3/29/2012 ADOPTING 60 Findings and Recommendations in full. The 40 Motion for default judgment is DENIED. The 35 Motion to Dismiss is GRANTED as to plaintiff's claim against defendant Singh and is DENIED in all other aspects. The 42 & 52 Motions to Dismiss are DENIED. Defendants Kesterson, Sisto, Rogers, Fox, Swarthout and Torres are ORDERED to file an answer to the complaint within the time provided in FRCP Rule 12. Plaintiff is GRANTED leave to file an amended complaint within 30 days of the date of this order to attempt to state a claim against Singh. (Donati, J)
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Filing
60
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/27/12 recommending that plaintiff's 05/20/11 motion for default judgment 40 be denied. Defendants' Kesterson, Singh and Sisto's motion to dismiss 35 b e granted as to plaintiff's claim against defendant Singh and be denied in all other respects. Defendant Rogers' motion to dismiss 42 be denied. Defendants Fox, Swarthout and Torres's motion to dismiss 52 be denied. Defendants K esterson, Sisto, Rogers, Fox, Swarthout and Torres be ordered to file an answer to the complaint within the time provided by rule 12 of the Federal Rules of Civil Procedure. Plaintiff be granted leave to file an amended complaint within 30 days of the date of an order adopting these findings and recommendations to attempt to state a claim against Singh. Motions 35 , 40 , 42 and 52 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
51
ORDER signed by Judge Morrison C. England, Jr on 9/28/2011 ORDERING that 48 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; and Defendant's 18 Motion to Dismiss is DENIED without prejudice. (Waggoner, D)
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Filing
48
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/1/11 Recommending that Defendants' 1/24/11 Motion to Dismiss 18 be denied. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)
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Filing
36
ORDER signed by Judge Frank C. Damrell, Jr. on 5/2/2011 ADOPTING 31 Findings and Recommendations in full. Pltf's 23 Motion for TRO is DENIED. (Zignago, K.)
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Filing
31
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/17/11 ORDERING that the Clerk randomly addign a District Judge to this case; RECOMMENDING that the 23 Motion for TRO be denied; Case assigned to Judge Frank C. Damrell, Jr. Motion referred to Judge Frank C. Damrell, Jr. Objections due within 14 days. (Manzer, C)
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Filing
17
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/20/2011 ORDERING that pltf's 16 motion for leave to amend is DENIED as unnecessary; and dfts' 15 request for an extension of time is GRANTED, dfts have 30 days to file and serve an answer to the cmplt. (Yin, K)
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Filing
9
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/1/2010 ORDERING that pltf's defective Eighth Amendment claim is DISMISSED w/out prejudice.(Yin, K)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joel Holley signed by Magistrate Judge Edmund F. Brennan on 10/13/10. 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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