Edwards v. McDonald
Petitioner: Brian Darnell Edwards
Respondent: M.D. McDonald
Case Number: 2:2010cv01264
Filed: May 24, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John F. Moulds
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
May 20, 2015 Opinion or Order Filing 149 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 05/19/15 ordering the Custodian to produce Brian Darnell Edwards on 06/01/15 at 9:00 a.m. in courtroom 7 before District Judge Morrison C. England Jr. 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)(Plummer, M)
January 29, 2015 Opinion or Order Filing 130 ORDER signed by Chief Judge Morrison C. England, Jr., on 1/28/15 ORDERING that defendant's 129 motion to continue the trial is GRANTED. The Jury Trial is CONTINUED to 6/1/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)
January 8, 2015 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Dale A. Drozd on 1/8/2015 DENYING plaintiff's 117 motion for appointment of counsel. (Yin, K)
April 17, 2014 Opinion or Order Filing 114 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 4/17/14 ORDERING the Custodian to produce Brian Darnell Edwards at 10:00 am on May 1, 2014 in Courtroom 27 before 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: OTCD)(Dillon, M)
September 26, 2013 Opinion or Order Filing 103 ORDER ADOPTING 100 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 9/25/2013. Defendant's 82 Motion for Summary Judgment is GRANTED in part and DENIED as follows: a) any retaliation claim in 30 Thir d Amended Complaint is DISMISSED for failure to state a claim upon which relief may be granted, see 28 U.S.C. § 1915A; b) Summary Judgment is GRANTED for defendant Perez on plaintiff's Fourth Amendment claim and in favor of remaining defen dants with respect on plaintiff's claim of interference with access to Courts; and c) Summary Judgment is DENIED for defendant Perez on merits of plaintiff's First Amendment claim, Fourteenth Amendment Due Process claim and on defense of qualified immunity as to those claims. This matter is REFERRED BACK to Magistrate Judge Moulds for further proceedings. (Marciel, M)
August 22, 2013 Opinion or Order Filing 100 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/21/13 recommending that defendants 10/31/12 motion for summary judgment be granted in part and denied in part as follows: Any retaliation claim in the third amended complaint be dismissed for failure to state a claim upon which relief can be granted. Summary judgment be granted for defendant Perez on plaintiff's 4th amendment claim and in favor of the remaining defendants with respect on plaintiff's claim of i nterference with access to the court. Summary judgment for defendant Perez be denied on the merits of plaintiff's first amendment claim and fourteenth amendment due process claim and on the defense of qualified immunity as to those claims. The matter be referred back to the undersigned for further proceedings. MOTION for SUMMARY JUDGMENT 82 referred to Judge Morrison C. England Jr. Objections due within 14 days. (cc: DAD)(Plummer, M)
October 18, 2012 Opinion or Order Filing 80 ORDER signed by Magistrate Judge John F. Moulds on 10/18/12 granting in part 68 Motion for Reconsideration as set forth in paragraph 2 of this order. Within 10 days from the date of this order defendants are didrected to inform the court in writi ng within 10 days whether all defendants have produced to plaintiff all provisions of High Desert supplements to the DOM for the relevant time period that have been requested by plaintiff and, if not, why they should not be required to produce all su ch provisions. Plaintiff's 08/16/12 motion for reconsideration 69 is denied without prejudice to plaintiff's right to make, as appropriate, a request pursuant to FRCP 56(d) in response to a defense motion for summary judgment. Defendants ' 08/27/12 motion for extension of time 70 is granted. Plaintiff's 09/05/12 motion for appointment of counsel 73 is denied. Defendants' 10/12/12 motion for extension of time 78 is granted. ( Dispositive Motions deadline extended to 10/31/2012). With their motion for summary judgment defendants shall serve upon plaintiff the attached notice. (Plummer, M)
July 31, 2012 Opinion or Order Filing 67 ORDER signed by Magistrate Judge John F. Moulds on 7/30/12 ORDERING that 53 Motion for Extension of time to conduct discovery is DENIED; Defendants May 31, 2012 request for an extension of the deadline to file pretrial motions is DENIED; Discovery is closed; the August 31, 2012 deadline for filing dispositive motions is confirmed; 55 , 56 , 57 Motions to Compel are DENIED; 63 Motion or an order requiring access to his legal property is DENIED without prejudice. Defendants May 10, 2012 50 motion for an extension of time is GRANTED. (Dillon, M)
May 3, 2012 Opinion or Order Filing 49 ORDER signed by Magistrate Judge John F. Moulds on 5/2/2012 ORDERING that defendants may take plaintiff's deposition by video conference or telephone if their counsel is unable to personally appear at the deposition. (Yin, K)
March 29, 2012 Opinion or Order Filing 45 ORDER ADOPTING 40 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 3/28/2012. Plaintiff's 36 Motion for Preliminary Injunction is DENIED. (Marciel, M)
February 7, 2012 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/6/12 RECOMMENDING that 36 MOTION for PRELIMINARY INJUNCTION be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
March 28, 2011 Opinion or Order Filing 28 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge John F. Moulds on 3/25/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Brian Darnell Edwards to the clerk until the balance of $350 i s paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
July 21, 2010 Opinion or Order Filing 13 ORDER denying 8 and 11 Motions to Appoint Counsel, signed by Magistrate Judge John F. Moulds on 7/20/10. Pltf shall submit, within 30 days from the date of this order, either an affidavit in support of his request to proceed ifp, or the appropriate filing fee. The Clerk is directed to send pltf a new ifp appl form.(Kastilahn, A)
June 9, 2010 Opinion or Order Filing 4 ORDER signed by Magistrate Judge John F. Moulds on 6/8/10 ORDERING that this action is construed as a prisoner civil rights action pursuant to 42 U.S.C. §1983; Plaintiffs original pleading is DISMISSED with leave to file a civil rights complaint within 30 days from the date of this order; Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner and the courts form civil rights complaint pursuant to 42 U.S.C. § 1983 and accompanying instructions; and 2 Motion to Appoint Counsel is DENIED.(Dillon, M)
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Petitioner: Brian Darnell Edwards
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Respondent: M.D. McDonald
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