Milliken v. Lightfield et al
| James M. Milliken |
| Lightfield, Lewis and Rich Taylor |
| 2:2010cv01412 |
| June 9, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
80
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/16/13 ORDERING that plaintiffs September 28, 2012 motion for extension of time 69 is DENIED; and it is RECOMMENDED that Defendants September 27, 2012 motion for summary judgment 64 be granted; and Plaintiffs September 28, 2012 motion for summary judgment 70 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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Filing
68
ORDER signed by Magistrate Judge John F. Moulds on 9/28/12 ORDERING that The clerk of the court is ordered to forward the subpoena, a copy of this order,a copy of the written deposition questions (pages 5-8 of document 59 ), and a copy of the writte n cross-examination questions 61 to William Sylvester; Mr. Sylvester shall return the questions pursuant to subpoena to the court not later than 30 days after the date of this order; Upon receipt of the deposition answers, the clerk of the court shall forward copies to the parties; and Plaintiffs opposition to defendants September 27, 2012 motion for summary judgment shall be filed and served not later than 30 days after service of inmate Sylvesters responses and defendants reply, if any, shall be filed and served not later than 14 days thereafter.(Dillon, M)
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Filing
60
ORDER signed by Magistrate Judge John F. Moulds on 06/18/12 ordering the clerk of the court is directed to remove the proposed written question for direct examination of inmates William Sylvester and Sergio Soto from the document docketed as a memora ndum at 37 and docket those questions as a separate docket entry nunc pro tunc to 10/31/11. Defendants may object to the proposed direct questions and submit proposed written questions for cross-examination within the next 30 days. Plaintiff may file objections to proposed cross-examination questions within 14 days thereafter. Upon determination of permissible questions by the court, the Clerk shall forward copies of the questions, as appropriate, to inmates Sylvester and Soto. Upon receip t of the questions, inmates Sylvester and Soto shall writ out their answers in the form provided by plaintiff and return them to the court no later than 14 days after service by the clerk. Upon receipt of the answers, the Clerk shall serve the parti es with copies of the answers. The parties shall inform the court forthwith whether they wish to depose inmates Sylvester and Soto further by redirect and/or recross-examination questions and upon such notification the court will make provision for further questioning. Defendants' 02/17/12 motion for summary judgment is denied without prejudice to its renewal following completion of the depositions by written questions of inmates Sylvester and Soto. Except for completion of the deposition s by written questions of inmates Sylvester and Soto, discovery is closed in this action. The deadline for filing dispositive motions in this action is reset to 09/28/12. Plaintiff's 04/04/12 motion for library access 53 is denied without prejudice. (Plummer, M)
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Filing
56
ORDER signed by Magistrate Judge John F. Moulds on 4/18/12 ORDERING that within ten days from the date of this order defendants shall file and serve a response to the contentions in plaintiffs letter.(Dillon, M)
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Filing
52
ORDER signed by Magistrate Judge John F. Moulds on 03/30/12 granting in part and denying in part 42 Motion to Compel. (See order for further details) (Plummer, M)
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Filing
43
ORDER signed by Magistrate Judge John F. Moulds on 12/15/11 ordering plaintiff's 10/31/11 motion for an extension of time to conduct discovery 36 is granted in part. Plaintiff is granted 30 days from the date of this order in which to serve f ollow-up discovery requests on defendants, and defendants' responses thereto shall be served not later than 45 days thereafter. Plaintiff's 10/31/11 motion for the appointment of counsel 37 is denied. Plaintiff's 10/31/11 motion to c onduct depositions by written questions 38 is denied. Defendants' 11/29/11 motion to reschedule plaintiff's deposition 41 is granted. Defendants may reschedule plaintiff's deposition and conduct it so that it is completed not later than 45 days from the date of this order. (Plummer, M)
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Filing
35
ORDER signed by Magistrate Judge John F. Moulds on 09/30/11 ordering plaintiff's 08/26/11 motion is construed as a motion for leave to take depositions by written questions, and so construed 31 is granted. Plaintiff may submit written questio ns for direct examination of inmates William Sylvester and Sergio Soto with adequate space provided for answers within 30 days. Defendants may object to the proposed direct questions and submit proposed written questions for cross-examination within the next 30 days. Plaintiff may file objections to proposed cross examination questions within the next 14 days. Upon determination of permissable questions by the court, the Clerk shall forward copies of the questions, as appropriate, to inmates S ylvester and Soto. Upon receipt of the questions, inmates Sylvester and Soto shall write out their answers in the form provided by plaintiff and return them to the court no later than 14 days after service by the clerk. Upon receipt of the answers the clerk shall serve the parties with copies of the answers. The parties shall inform the court forthwith whether they wish to depose inmates Sylvester and Soto further by redirect and/or recross examination questions. Upon such notification the court will make provision for further questioning.. (Plummer, M)
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Filing
28
ORDER signed by Judge William B. Shubb on 7/21/11 ORDERING that the Magistrate Judge's FINDINGS AND RECOMMENDATIONS of6/21/11 27 are ADOPTED in full; And Defendants' Motion to Dismiss Plaintiff's First Amended Complaint 19 is DENIED. (Mena-Sanchez, L)
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Filing
27
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 06/20/11 ORDERING the clerk of the court is directed to assign a U.S. District Judge to this case. U.S. District Judge William B. Shubb randomly assigned to this cas e. Plaintiff's 12/22/10 motion 22 is denied without prejudice. Plaintiff's 12/27/10 motion 23 is denied. Also, RECOMMENDING that defendants' 10/22/10 motion to dismiss be denied; and defendants be directed to answer the first amended complaint within 10 days from the date of any order by the district court adopting these findings and recommendations. MOTION to DISMISS 19 referred to Judge William B. Shubb. Objections due within 14 days.
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Filing
17
ORDER signed by Magistrate Judge John F. Moulds on 10/18/10 ORDERING that pltf's 15 motion to amend is GRANTED; pltf's 16 first amended cmplt states a cognizable claim for relief against dfts Lightfield, Lewis and Taylor; the clerk to s end a copy of pltf's first amended cmplt and a copy of this order on Deputy AG Richard B. Price; w/in 20 days, dfts Lightfield, Lewis and Taylor to file a response to pltf's first amended cmplt; and pltf's 14 motion for appointment of counsel is DENIED. (Yin, K)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of James M. Milliken signed by Magistrate Judge John F. Moulds on 7/20/10: The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director of CDC. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of the court. (Kaminski, H)
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