Stephen v. Kelso
| Jimmie Stephen |
| - Kelso |
| 2:2010cv01678 |
| June 30, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| 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
108
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/13 ORDERING that this action be dismissed with prejudice in its entirety. Each party shall bear its own attorneys fees and costs. CASE CLOSED. (Dillon, M)
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Filing
106
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/13 ORDERING that all claims against defendant Wenneker are dismissed with prejudice, and defendant Wendell Wenneker, M.D., is hereby dismissed from this action with prejudice.(Dillon, M)
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Filing
104
ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/13 ORDERING that the joint stipulation 103 is GRANTED, and the date by which the parties must complete all fact discovery in this case is continued from October 7, 2013, to November 6, 2013.(Dillon, M)
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Filing
102
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/13 ordering pursuant to the stipulation of the parties 101 and FRCP 41(a)(1)(A)(ii) and 41(a)(2), defendant Wenneker is hereby dismissed with prejudice from plaintiff' ;s first claim entitled "Violation of Plaintiff's Eighth Amendment Rights." This action proceeds against defendant Wenneker on plaintiff's second supplemental state law, claim entitled "Medical Malpractice," and against all other defendants based on the allegations and claims set forth in plaintiff's Fourth Amended Complaint 91 . At the request of the parties, the discovery deadline in this action remains extended until 10/07/13 to permit additional time for the parties to engage in discovery and further settlement negotionations 100 . (Plummer, M)
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Filing
100
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2013 and stipulated between the parties to CONTINUE the discovery cut-off deadline to 10/7/2013. (Yin, K)
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2013 re 87 Letter ORDERING plaintiff is again reminded that he may no longer file matters in this action in pro se, but must appear through his appointed counsel; failure to abide by this admonishment may result in the imposition of sanctions. (Waggoner, D)
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Filing
86
ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/13 ORDERING that Plaintiffs Fourth Amended Complaint be filed no later than February 11, 2013. IT IS FURTHER ORDERED that Defendants responsive pleadings be filed no later than March 4, 2013.(Dillon, M)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2012 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Tanya Moore is GRANTED. (Crouch, J)
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Filing
82
ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2012 ORDERING that the United States Marshall need no longer attempt service process on defendant Wenneker, as directed by the 6/14/12 order; defendant Wenneker has now appeared in this action and waived service; plaintiff shall have until 1/11/2012, to seek leave to file a Fourth Amended Complaint, together with a proposed Fourth Amended Complaint; the deadlines previously set by this court, are therefore VACATED. (cc: USM)(Yin, K)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 09/05/12 denying 77 Motion for Preliminary Injunction to re-filing by plaintiff's new-appointed counsel, if appropriate. Henceforth, plaintiff may file matters in this action only through his appointed counsel. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2012, ORDERING that pursuant to the parties stipulation, defendants shall file a a responsive pleading to plaintiff's third amended complaint on or before 10/17/2012, or within 14 days after the filing of plaintiff's fourth amended complaint, whichever occurs first; and plaintiff's 74 motion filed in pro se is DENIED without prejudice, for the reasons stated in the 72 order appointing counsel. (Yin, K)
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Filing
72
ORDER signed by Magistrate Judge Kendall J. Newman on 08/09/12 ordering Tanya moore is appointed as counsel in the above entitled manner. Plaintiff's counsel shall within 30 days after the filing date of this order, file and serve a status repo rt that includes the matters set forth above. Plaintiff's motion for an order to show cause 65 is denied. The clerk of the court is directed to serve a copy of this order upon Tany Moore, Moore Law Firm, 332 North 2nd Street, San Jose, California 95112. (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/12 GRANTING 59 Motion to Appoint Counsel. Clerk of Court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc ADRP) (Dillon, M)
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Filing
57
ORDER signed by Judge Kimberly J. Mueller on 03/30/2012. Plaintiff's motion for disqualification, filed July 7, 2011 [ECF 34] is denied; The findings and recommendations filed June 29, 2011 [ECF 30] are adopted in full; Plaintiff's motion for a preliminary injunction [ECF 25] is denied; The findings and recommendations filed February 3, 2012 [ECF 53] are adopted in full; Defendants' motion to dismiss [ECF 31] is granted in part and denied inpart; plaintiff's claims for damag es against defendants in their official capacities are dismissed; defendants' motion to dismiss defendant Traquina is denied; Plaintiff's request [ECF 41] for leave to file his proposed Amended Supplemental Complaint is granted, and Dr. Wen neker is added as a defendant; Plaintiff is granted leave, retroactively, to file a comprehensive Third Amended Complaint against defendants Hsieh, Traquina and Wenneker, and the Third Amended Complaint docketed is deemed timely filed; Plaintiff's motions for preliminary injunctive relief [ECF 47] [ECF 51] are denied.(Andrews, P)
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Filing
53
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/2/12 ORDERING that Plaintiffs motion 37 to strike the affirmative defenses set forth in defendant Hsiehs answer to the Second Amended Complaint, is denied. Pl aintiffs motion 39 to strike defendant Hsiehs discovery requests is granted, without prejudice to the requests being later propounded. Plaintiffs motion for issuance of an order to show cause 45 , is denied. It is RECOMMENDED that Defendants moti on to dismiss 31 , should be granted in part and denied in part; the court should dismiss plaintiffs damages claims against defendants in their official capacities, but deny defendants motion to dismiss defendant Traquina from this action. Plaintif fs motions for preliminary injunctive relief 47 , 51 , should be denied. Plaintiffs request 41 for leave to file his proposed Amended Supplemental Complaint 42 , should be granted, and Dr. Wenneker should be added as a defendant in this action. Plaintiff should be granted leave to file, within 28 days after the filing date of the district judges order, a comprehensive Third Amended Complaint against defendants Hsieh, Traquina and Wenneker; failure to timely file a Third Amended Complaint will result in this action continuing to proceed on plaintiffs Second Amended Complaint 22 and Amended Supplemental Complaint 42 . Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days.(Dillon, M)
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Filing
30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/28/11 ORDERING the clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and a copy of the second amended complaint filed 12/06/ 10 22 to be completed and returned within 14 days. Also, RECOMMENDING that plaintiff's motion for a preliminary injunction 25 be denied. Motion for Preliminary Injunction 25 referred to Judge Kimberly J. Mueller. Objections due within 21 days.(Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/10, ORDERING that pltf, a three strikes litigant, has made a sufficient showing of alleged imminent danger of serious physical injury to proceed in this action in IFP; and pltf's 18 Motion to Appoint Counsel is DENIED without prejudice.(Kastilahn, A)
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Filing
17
ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/10 GRANTING 2 Motion to Proceed IFP; DENYING 9 Motion to Supplement First Amended Complaint ; DENYING without prejudice 10 Motion to Appoint Counsel. Within thirty days after service of this order, plaintiff shall complete the attached Notice of Amendment and submit the following documents to the court: The completed Notice of Amendment; and an original and one copy of the Second Amended Complaint.(Williams, D)
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Filing
15
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of JIMMIE STEPHEN; GRANTING 2 IFP signed by Magistrate Judge Kendall J. Newman on 11/22/10. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: financial, CDC)(Williams, D) Modified on 11/23/2010 (Williams, D).
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