Dixon v. LaRosa, et al
| Daniel Steve Dixon |
| S. LaRosa, D Grzebyk, - Crosby, J. Keenan, V. Gamez, J. P. White, R L Harrington, William Knipp, D. Thomason, J. Texeira, Mike Martel, M. Hodges Wilkins and D. Foston |
| 2:2010cv01441 |
| June 11, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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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
141
ORDER signed by District Judge Troy L. Nunley on 3/27/2015 ADOPTING IN FULL 120 Findings and Recommendations; GRANING 108 Motion for Summary Judgment. CASE CLOSED. (Michel, G.)
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Filing
137
ORDER signed by Magistrate Judge Kendall J. Newman on 02/26/15 granting motion for extension of time 135 . Plaintiff is granted 30 days from the date of this order to file objections to the findings and recommendations. (Plummer, M)
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Filing
122
ORDER signed by District Judge Troy L. Nunley on 3/14/2014 ORDERING that Plaintiff's 113 Motion for Reconsideration is DENIED. (Zignago, K.)
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Filing
120
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/18/14 recommending that defendant's motion for summary judgment 108 be granted. MOTION for SUMMARY JUDGMENT 108 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2013 DENYING plaintiff's 105 motion for sanctions; counsel for defendant is requested to inform the litigation coordinator for MCSP to retain the 2008 cell search records pending further order of this court; and plaintiff shall file an opposition to the 7/3/13 motion for summary judgment on or before 8/19/13. (Yin, K)
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Filing
104
ORDER and REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 4/15/13 ORDERING that Plaintiffs request for an extension of time (dkt. no. 103 ) is GRANTED; Plaintiff is granted 45 days from the date of this order in which to file a reply; The Clerk of the Court is directed to change plaintiffs address as set forth in the motion (dkt. no. 103 ); and The pretrial motions deadline is continued from May 8, 2013, to July 8, 2013.(Dillon, M)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/2013 ORDERING that plaintiff's 88 motion to compel is GRANTED in part; within 30 days, defendant shall provide plaintiff with further response to request no. 1, second request for pro duction of documents, as set forth in this order; in all other respects, plaintiff's motion to compel discovery is DENIED; defendant's 94 motion for summary judgment is DENIED without prejudice; and all pretrial motions, except motions to compel discovery, due on or before 5/8/2013, but may not be filed before 3/18/2013. (Yin, K)
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Filing
85
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/12 ordering plaintiff's motion for leave of court to take depositions upon written questions of non-parties 76 is denied. Plaintiff's motion to comp el further discovery responses 79 is partially granted: Plaintiff's motion to compel further response to request for production of documents number 1 is partially granted. Defendant LaRosa shall produce within 21 days, the job description or job duties for the building officer at plaintiff's housing unit at Mule Creek State Prison, that was in effect on 09/16/09. In all other respects, plaintiff's motion to compel is denied. Plaintiff's motion to extend the discovery dea dline 80 is granted. The 01/05/12 discovery and scheduling order 75 is modified as follows: The discovery deadline is continued to 09/21/12. All pretrial motions, except motions to compel discovery, shall be filed on or before 12/20/12. Defendant LaRosa shall respond to plaintiff's first set of interrogatories and second request for production of documents filed with the court on 04/12/12 82 and 83 within 30 days from the date of this order. (Plummer, M)
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Filing
73
ORDER signed by Judge Garland E. Burrell, Jr on 11/22/2011 ORDERING that the 60 findings and recommendations filed August 31, 2011, are adopted in full. The 38 March 8, 2011 motion to dismiss based on plaintiff'sfailure to exhaust administr ative remedies, filed by defendants Knipp, White, Crosby, Martel, Thomason, Grzebyk, Texeira, Foston, Harrington and Keenan, is GRANTED. Defendant Wilkins' 45 April 7, 2011 motion to dismiss based on plaintiff's failure to exhaust admini strative remedies, is GRANTED. The motion to dismiss for failure to state a claim filed by defendants Foston, Knipp and Thomason is GRANTED. The motion to dismiss plaintiff's due process claims against defendants Foston, Knipp and Thomason is GRANTED. The motion to dismiss plaintiff's Eighth Amendment challenge to the September 16, 2009 cell search is GRANTED. Defendants' motion to dismiss plaintiff's claims four and five concerning defendants' failure to follow state regulations is GRANTED. Plaintiff's claim against defendant Keenan in connection with the September 16, 2009 cell search is dismissed, based on plaintiff's failure to state a cognizable civil rights claim. Defendant LaRosa is directed to file an answer within fourteen days.(Duong, D)
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Filing
71
ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/11 ORDERING that Plaintiffs 68 motion to withdraw defendant Gamez is granted; Plaintiffs claims against defendant Gamez are dismissed with prejudice; and Clerk of the Court shall terminate the 62 motion to dismiss filed by defendant Gamez. (Dillon, M)
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Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/11 ORDERING that defendant Gamez shall notify this court, within fourteen days, whether he has any objection to the voluntary dismissal of defendant Gamez from this action.(Dillon, M)
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Filing
60
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/30/11 ORDERING that Plaintiffs 53 motion for sanctions is DENIED; and Plaintiffs claim against defendant Keenan based on the 9/16/09 cell search is DISMISSED without prejudice to plaintiff filing a motion to amend, accompanied by a proposed second amended complaint. It is RECOMMENDED that the 38 motion to dismiss, filed by defendants Knipp, White, Crosby, Martel, Thomason, Grzebyk, Texeira, Foston, Harr ington and Keenan, be granted; Defendant Wilkins 45 motion to dismiss be granted; The motion to dismiss for failure to state a claim filed by defendants Foston, Knipp and Thomason be granted; The motion to dismiss plaintiffs due process claims agai nst defendants Foston, Knipp and Thomason be granted; The motion to dismiss plaintiffs Eighth Amendment challenge to the 9/16/09 cell search be granted; Defendants motion to dismiss plaintiffs claims four and five concerning defendants failure to fol low state regulations be granted; Plaintiffs claim against defendant Keenan in connection with the 9/16/09 cell search be dismissed, based on plaintiffs failure to state a cognizable civil rights claim; and Defendant LaRosa be directed to file an answer within 14 days from the date of any order adopting the instant findings and recommendations; motions referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (Dillon, M)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/11 ordering plaintiff's 04/04/11 motion 43 is denied without prejudice. The Clerk of the court is directed to send plaintiff 1 blank USM-285 form. Within 60 days, plaintiff shall submit to the court the completed USM-285 form required to effect service on defendant Gamez. (Plummer, M)
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Filing
36
ORDER signed by Judge Garland E. Burrell, Jr. on 2/25/2011 ORDERING that, upon reconsideration, this court's order of 1/18/2011 is AFFIRMED. (Zignago, K.)
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Filing
26
ORDER adopting 21 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Garland E. Burrell, Jr on 1/17/11: 18 Motion for Preliminary Injunction is denied. (Kaminski, H)
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Filing
25
ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/2011 ORDERING that pltf's 23 motion for consolidation is DENIED. (Yin, K)
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Filing
21
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/1/2010 RECOMMENDING that pltf's 18 motion for preliminary injunction be denied. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 21 days. (Yin, K)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 8/26/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Daniel Steve Dixon 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)
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