Nicholson v. Medina et al
Plaintiff: Eldred Nicholson
Defendant: D. Medina, Matthew Cate, M. McDonald, D. Swingle and R. Shaw
Case Number: 2:2010cv01425
Filed: June 7, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
March 3, 2014 Opinion or Order Filing 162 ORDER signed by Judge Kimberly J. Mueller on 2/28/2014 ORDERING that defendant is AWARDED $2,887.75 in costs, which will be collected from plaintiff's prison trust account in accordance with 28 U.S.C. § 1915. (Zignago, K.)
February 20, 2014 Opinion or Order Filing 160 ORDER signed by District Judge Kimberly J. Mueller on 2/16/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russell is DENIED. (Crouch, J)
January 9, 2014 Opinion or Order Filing 155 ORDER granting 153 plaintiff's Motion for Extension of Time to file Notice of Appeal, signed by Judge Kimberly J. Mueller on 1/8/14. Plaintiff has until February 10, 2014 to file his notice of appeal. (Kastilahn, A)
December 11, 2013 Opinion or Order Filing 148 FINAL JURY INSTRUCTIONS signed by Judge Kimberly J. Mueller on 12/10/13. (Becknal, R)
December 3, 2013 Opinion or Order Filing 135 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/03/13 ordering the Custodian to produce Eldred Nicholson at 12/09/13 9:00 a.m. in courtroom 3 before District Judge Kimberly J. Mueller. Cust odian 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 of this writ sent to the Warden, CSP-Corcoran. Courtesy copy sent by fax to CSP, Corcoran Litigation Coordinator at 559-992-7372)(Plummer, M) Modified on 12/3/2013 (Plummer, M).
November 27, 2013 Opinion or Order Filing 124 ORDER signed by Judge Kimberly J. Mueller on 11/26/2013. For foregoing reasons, Court is GRANTING defendant's first 103 Motion In Limine; GRANTS in part and DENIES in part defendant's 107 Second Motion In Limine; and GRANTS defendant's 109 Fourth Motion In Limine. (Marciel, M)
November 4, 2013 Opinion or Order Filing 102 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 11/4/13 ORDERING the Custodian to produce Eldred Nicholson at 9:30 a.m. on 11/8/13 in Courtroom #24 before Judge Delaney. Custodian is ordered t o 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 and CKD)(Courtesy copy sent to CSP-Corcoran by fax at 559-992-4636) (Manzer, C) Modified on 11/4/2013 (Plummer, M).
October 30, 2013 Opinion or Order Filing 99 ORDER signed by District Judge Kimberly J. Mueller on 10/29/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russell is GRANTED. (Crouch, J)
October 25, 2013 Opinion or Order Filing 97 ORDER signed by District Judge Kimberly J. Mueller on 10/24/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russell is GRANTED. (Crouch, J)
September 12, 2013 Opinion or Order Filing 85 ORDER signed by District Judge Kimberly J. Mueller on 9/11/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russell is GRANTED.. (Crouch, J)
July 31, 2013 Opinion or Order Filing 74 ORDER signed by District Judge Kimberly J. Mueller on 7/30/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russell is GRANTED. (Crouch, J)
July 30, 2013 Opinion or Order Filing 73 ORDER signed by District Judge Kimberly J. Mueller on 7/30/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel L. David Russel is GRANTED. (Crouch, J)
May 6, 2013 Opinion or Order Filing 67 ORDER signed by Judge Kimberly J. Mueller on 5/6/2013 ORDERING this matter is set for status and trial setting before the undersigned on 5/30/2013 at 2:30 p.m. in Courtroom #3; appointed counsel shall notify ADR Administrator, Sujean Park, if he has any questions related to the appointment; Clerk is directed to serve a copy of this order upon attorney L. David Russell. (Waggoner, D)
March 30, 2013 Opinion or Order Filing 64 ORDER signed by Judge Kimberly J. Mueller on March 30, 2013. Granting in part and denying in part 54 Motion for Summary Judgment; adopting in part 58 FINDINGS AND RECOMMENDATIONS; Clerk of the Court is directed to enter judgment for defendant Shaw; refer to ADR and Pro Bono Coordinator for identification of counsel to represent plaintiff for the purposes of trial; and case is set for status and trial setting for May 30, 2013 at 2:30. (Andrews, P)
January 22, 2013 Opinion or Order Filing 58 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/22/13 recommending that 54 MOTION for SUMMARY JUDGMENT be granted, the Clerk be directed to enter judgment in defendants' favor and close this case. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
August 2, 2012 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/12 ORDERING that the 6/28/12 findings and recommendations 49 are vacated; Defendants' motion for summary judgment 30 is denied without prejudice; Within thirty days of the date of thi s order, defendants may re-file and re-serve their motion for summary judgment. Defendants must contemporaneously serve with the motion, but in a separate document, a copy of the attached "Rand Notice," which provides plaintiff with notice of the requirements for opposing a motion for summary judgment; If defendants re-serve their motion, plaintiff may thereafter file and serve an amended opposition within thirty days. If plaintiff fails to file an amended opposition, the court will consider his existing opposition in resolving defendants' motion; If plaintiff files an amended opposition, defendants may thereafter file an amended reply within fourteen days. (Becknal, R)
June 28, 2012 Opinion or Order Filing 49 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/27/12 RECOMMENDING that 30 MOTION for SUMMARY JUDGMENT be granted; the Clerk be directed to enter judgment in defendants favor; and the Clerk be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
April 11, 2012 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/10/12 ordering the court hereby grants plaintiff's 03/15/12 request 44 and will consider plaintiff's amended opposition brief 44 , 45 along with plaintiff's 01/03/12 response 38 , 39 in resolving defendants' motion for summary judgment. No further amendments will be permitted. Defendants may respons to plaintiff's amended opposition brief within 30 days from the date of this order. (Plummer, M)
November 8, 2011 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/08/11 ORDERING that Plaintiff's 33 October 24, 2011 request is GRANTED and plaintiff has 60 days from the date this order is served to file and serve a response to the motion for summary judgment. (Benson, A.)
October 31, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/31/11 ordering that defendants 10/07/11 request 30 is granted, and Medina's declaration signed, dated and filed 10/11/11 is deemed timely. (Plummer, M) Modified on 10/31/2011 (Plummer, M).
October 19, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2011 ORDERING that pltf's 27 motion to compel is DENIED. (Yin, K)
May 31, 2011 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/11 DENYING 25 MOTION to APPOINT COUNSEL filed by Eldred Nicholson. (Meuleman, A)
May 18, 2011 Opinion or Order Filing 24 ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 05/16/11 and ORDERING that plf's claims against dfts Cate, McDonald and Swingle are DISMISSED w/o prejudice. (Benson, A.)
January 12, 2011 Opinion or Order Filing 17 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/11/2011 RECOMMENDING that pltf's claims against dfts Cate, McDonald, and Swingle be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
December 22, 2010 Opinion or Order Filing 10 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Eldred Nicholson signed by Magistrate Judge Edmund F. Brennan on 12/22/10. 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)
June 11, 2010 Opinion or Order Filing 4 ORDER TRANSFERRING CASE to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Sheila K. Oberto on 6/10/2010. New Case Number 2:10-cv-01425-EFB (PC). Old Case Number 1:10-cv-01023-SKO (PC). (Bradley, A)
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Plaintiff: Eldred Nicholson
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Defendant: D. Medina
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Defendant: Matthew Cate
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Defendant: M. McDonald
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Defendant: D. Swingle
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Defendant: R. Shaw
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