Herrera v. Gardner et al
Plaintiff: Armando Herrera
Defendant: Gardner and Stewart
Case Number: 2:2010cv01744
Filed: July 7, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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 19, 2012 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Edmund F. Brennan on 03/16/12 granting 97 Motion for Extension of time. Plaintiff shall file and serve his objections to the 02/22/12 findings and recommendations within 30 days from the date this order is filed.(Plummer, M)
March 12, 2012 Opinion or Order Filing 96 ORDER denying 95 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 03/12/12. (Plummer, M)
February 24, 2012 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/23/12 DISREGARDING 90 Letter. (Dillon, M)
February 22, 2012 Opinion or Order Filing 93 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/22/2012 RECOMMENDING that defendants' 74 motion to dismiss be granted and the clerk be directed to close the case. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
October 25, 2011 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/11 ORDERING that 85 Motion for Extension is GRANTED; plaintiff has 30 days from the date this order is served to file and serve his opposition; and 86 Motion to Appoint Counsel is DENIED. (Dillon, M)
September 28, 2011 Opinion or Order Filing 84 ORDER signed by Judge Garland E. Burrell, Jr on 9/27/11 ORDERING 80 Findings and Recommendations are adopted in full; and 46 48 and 60 Motions for Preliminary Injunctive Relief are denied. (Matson, R)
July 27, 2011 Opinion or Order Filing 80 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/26/2011 RECOMMENDING that 46 , 48 and 60 Motions for Preliminary Injunctive Relief be denied, Objections to F&R due within 14 days; DENYING the 77 Motion to Amend the Amended Prisoner Civil Rights Complaint. Dfts shall file an Opposition or Statement of Non-opposition to Pltf's 77 Request to Stay the case within 14 days. (Michel, G)
July 8, 2011 Opinion or Order Filing 79 ORDER signed by Judge Garland E. Burrell, Jr on 7/7/11 AFFIRMING 56 Order and DENYING 64 Motion for Reconsideration. (Meuleman, A)
May 24, 2011 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/24/2011 ORDERING that, w/in 5 days, dfts shall submit supplemental briefing remedying the defects discussed in this order.(Yin, K)
May 19, 2011 Opinion or Order Filing 69 ORDER adopting in full 36 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 5/18/11. Defendants Gardner and Stewart are DISMISSED from the action. (Kastilahn, A)
April 22, 2011 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/21/11 ordering within 2 days of the classification committee meeting regarding plaintiff's classification and/or placement, regardless of the date of that meeting, defendants must submit f urther briefing explaining the procedures CDCR is taking and will take in the future to ensure plaintiff's safety. For the reasons stated on the record, Monica Anderson, Diana Esquivel and the California Attorney General's office are jointly sanctioned in the amount of $200 for failure to respond to the court's 03/31/11 order. This sum shall be paid to the Clerk of the Court no later than 30 days from the date of this order. (cc: Financial)(Plummer, M)
April 15, 2011 Opinion or Order Filing 51 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/15/11 ORDERING that the previous 49 Order and Writ is VACATED; the Warden to produce Armando Herrera, #C-32722, at 10:00 am on April 20, 2011, in Courtroom 24 before Judge Edmund F. Brennan. 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. (cc: OTCD) (Yin, K)
March 31, 2011 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/31/11 ORDERING that Defendants shall respond to plaintiffs allegations, as explained above, within seven days of the date of this order. Plaintiffs 39 motion for protection from CDCR is DENIED without prejudice; Clerk of the court shall serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson) (Dillon, M)
March 17, 2011 Opinion or Order Filing 36 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/16/11 ORDERING the court's 01/04/11 findings and recommendations 24 are vacated. Service is appropriate for defendants Lee and Borsch. The clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and a copy of the 02/15/11 amended complaint to be completed and returned within 30 days. Plaintiff's motion for property 30 is granted. Also, RECOMMENDING that defendants Gardner and Stewart be dismissed from this action. Referred to Judge Garland E. Burrell. Objections due within 14 days.(Plummer, M)
January 31, 2011 Opinion or Order Filing 28 ORDER signed by Judge Garland E. Burrell, Jr on 1/31/2011 ADOPTING 14 Findings and Recommendations in full and DENYING 8 Motion for a temporary restraining order. (Donati, J)
January 21, 2011 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Edmund F. Brennan on 01/21/11 ORDERING that plf's 25 Motion for Extension of Time to file objections to 24 F&Rs is GRANTED; plf is granted a 30 day extension. (Benson, A.)
January 4, 2011 Opinion or Order Filing 24 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/4/11 recommending that this action be dismissed for failure to state a claim. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
October 28, 2010 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/2010 DENYING pltf's 10 request for the appointment of counsel; the clerk to send pltf a copy of the documents attached to his 7/7/10 cmplt. (Yin, K)
October 19, 2010 Opinion or Order Filing 15 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Armando Herrera signed by Magistrate Judge Edmund F. Brennan on 10/18/10. 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)
July 19, 2010 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/2010 ORDERING pltf's 3 request for appointment of counsel is DENIED; pltf has 30 days, to submit the required trust acct statement; the clerk to send pltf a new ifp form. (Yin, K)
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Plaintiff: Armando Herrera
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Defendant: Gardner
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