Boston v. Garcia et al
Plaintiff: Andre' Boston
Defendant: V. Garcia, B. Alkire, D.J. Renauld, G. Reinsel, G. Bayles, N. Grannis, V. Aguila, J. Hirai and Terri McDonald
Case Number: 2:2010cv01782
Filed: July 9, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Diego
Presiding Judge: Dale A. Drozd
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 5, 2013 Opinion or Order Filing 81 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/3/2013 RECOMMENDING that defendants' 69 motion for summary judgment be granted; any other pending motions 76 , 77 be denied as moot; and this action be closed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
June 28, 2013 Opinion or Order Filing 80 ORDER signed by Judge Kimberly J. Mueller on 6/27/2013 AFFIRMING Magistrate Judge Drozd's 74 Order denying Motions pursuant to Federal Rule of Civil Procedure 36(a)(6) and to Stay. (Marciel, M)
March 20, 2013 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Dale A. Drozd on 3/20/13 ORDERING that plaintiffs discovery motion pursuant to Federal Rule of Civil Procedure 36(a)(6) (Doc. No. 54 ) is DENIED; Plaintiffs motion for a stay and request for an order requiring defendants to provide him with a copy of his deposition transcript (Doc. No 71 ) are DENIED; and Plaintiff shall file an opposition to defendants motion for summary judgment within 21 days of the date of service of this order.(Dillon, M)
November 7, 2012 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Dale A. Drozd on 11/6/2012 ORDERING that defendants' 59 amended motion for a protective order is DENIED; the defendants shall serve responses to plaintiff's second set of discovery requests on or before 1 1/21/2012; motions to compel, if any, due on or before 12/12/2012; all pretrial motions, except motions to compel discovery, due on or before 1/9/2013; pretrial conference and trial dates will be set as appropriate; plaintiff's 56 motion for reconsideration, which is construed as a motion for a modification of the scheduling order, and 64 motion for an extension of time are DENIED AS MOOT; plaintiff's 55 motion to exceed the copy limit is GRANTED IN PART; and plaintiff's 62 motion to have the clerk serve defendants and provide plaintiff free copies of filings is DENIED. (See Order for Details) (Yin, K)
September 26, 2012 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Dale A. Drozd on 9/26/12 ORDERING 47 Motion for relief under Federal Rule of Civil Procedure 36(b) and request for a thirty-day extension of time to respond to plaintiff's di scovery requests is GRANTED; Plaintiff's motion for an extension of time to respond to discovery issues is GRANTED IN PART; The parties may conduct discovery until October 9, 2012. Any motions necessary to compel discovery shall be f iled by that date; All pretrial motions, except motions to compel discovery, shall be filed on or before November 30, 2012. Motions shall be briefed in accordance with paragraph 7 of this court's order filed April 20, 2011; Pr etrial conference dates and trial dates will be set, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion. Plaintiff's motion for the appointment of counsel 52 is DENIED; and Plaintiff's motion for authorization to exceed the indigent legal copy debt limit 44 is DENIED without prejudice.(Matson, R)
August 10, 2012 Opinion or Order Filing 49 ORDER signed by Judge Kimberly J. Mueller on 8/9/12: Upon reconsideration, the order of the magistrate judge filed June 6, 2012, is affirmed. (Kaminski, H)
June 6, 2012 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/12 DENYING 43 Motion to Appoint Counsel. (Dillon, M)
March 20, 2012 Opinion or Order Filing 38 ORDERadopting 35 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 3/19/12 DENYING 27 Motion to Dismiss; dfts are directed to file an answer to pltf's Eighth Amendment claims within 30 days. (Manzer, C)
January 17, 2012 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/13/12 recommending that defendants' motion to dismiss for failure to state a claim and based on the affirmative defense of qualified immunity 27 be denied; and defenda nts be directed to file an answer in response to plaintiff's Eighth Amendment claims within 30 days of any order adopting these findings and recommendations. MOTION to DISMISS 27 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
October 18, 2011 Opinion or Order Filing 34 ORDER signed by Judge Kimberly J. Mueller on 10/17/11 ADOPTING 25 FINDINGS AND RECOMMENDATIONS. Defendants Aguila, Bayles, Grannis, Harai, McDonald and Reinsel are DISMISSED from this action. (Meuleman, A)
July 27, 2011 Opinion or Order Filing 25 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/27/11, ORDERING that 21 plaintiff's motion to amend is DENIED as unnecessary. Defendants' 23 request for the court to screen plaintiff's amended c omplaint and for an extension of time is GRANTED. Defendants Garcia, Alkire, and Renauld shall file a responsive pleading to plaintiff's amended complaint within 30 days of the date of this order. The Clerk is directed to remove the exhibits f rom plaintiff's original complaint and attach them to plaintiff's amended complaint. It is RECOMMENDED that defendants Aguila, Bayles, Grannis, Harai, McDonald, and Reinsel be dismissed from this action. This case and 22 amended complaint are hereby referred to Judge Mueller. Within 14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)
May 10, 2011 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Dale A. Drozd on 5/10/2011 ORDERING that plaintiff's 16 objections construed as a request for reconsideration is DENIED. (Duong, D)
March 11, 2011 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Andre' Boston signed by Magistrate Judge Dale A. Drozd on 3/10/2011. The Director of the Nevada Dpt of Corrections is to collect an initial partial filing fee of $15.27 and the reafter the $334.73 balance 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 the Nevada Dpt of Corrections. Clerk to also serve Financial w/ a copy of this order. (cc: Financial)(Yin, K)
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Plaintiff: Andre' Boston
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Defendant: V. Garcia
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Defendant: B. Alkire
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Defendant: D.J. Renauld
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Defendant: G. Reinsel
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Defendant: G. Bayles
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Defendant: N. Grannis
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Defendant: V. Aguila
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Defendant: J. Hirai
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Defendant: Terri McDonald
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