Turner v. Salinas

Turner v. Salinas

Petitioner:	Anthony R. Turner
Respondent:	Salinas
Case Number:	2:2010cv01848
Filed:	July 15, 2010
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	San Joaquin
Presiding Judge:	Kendall J. Newman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
January 14, 2015	Filing 190 ORDER signed by Chief Judge Morrison C. England, Jr on 1/13/15 DENYING 187 Petition for Issuance of Certificate of Appealability. The Court will not entertain further filings. If Plaintiff continues to file, he will be subject to sanctions. (Meuleman, A)
October 16, 2014	Filing 179 ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2014 ORDERING that within 14 days, plaintiff's counsel shall inform the court whether plaintiff's 177 "motion for levy of settlement agreement" may be disregarded or whether counsel intends to file additional briefing in support of plaintiff's motion; and the Clerk shall serve a copy of this order on plaintiff. (Yin, K)
September 4, 2014	Filing 176 ORDER signed by Chief Judge Morrison C. England, Jr. on 9/3/2014 DISMISSING CASE with prejudice pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(ii) re 175 Stipulation for Dismissal. CASE CLOSED. (Michel, G)
July 31, 2014	Filing 174 ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/14 ORDERING that the Warden, litigation coordinator, and other correctional staff as needed at SVSP, shall facilitate a confidential telephone call between Anthony R. Turner and his att orneys. The confidential telephone call shall be placed on Wednesday, August 6, 2014, to begin at 10:00 a.m., and shall continue, without interruption, for a maximum of 120 minutes or until completed, whichever is earlier. Correctional staff shal l initiate the phone call by calling Mr. Cody at (916) 442-2952. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others. Correctional st aff, however, may keep inmate Turner under visual surveillance during the conversation. Failure to comply with this order may result in an order requiring the Warden of SVSP, or others responsible for the failure to comply, to appear before the court to show cause why sanctions should not be imposed against them. The Clerk of the Court is ordered to serve this order by facsimile (831) 678-5544 and email on the Warden and litigation coordinator at SVSP.(Dillon, M)
July 14, 2014	Filing 173 STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 7/11/2014 GRANTING 172 Stipulation for Extension of Time; EXTENDING the deadline to file dispositional documents by sixty (60) days; ORDERING that dispositional documents be filed by 9/5/2014; INFORMING the parties that a failure to comply with the 9/5/2014 deadline may be grounds for sanctions. (Michel, G)
June 24, 2014	Filing 171 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 6/24/2014 ORDERING that the parties are GRANTED an extension of time of thirty (30) days to file dispositional documents in this case. (Zignago, K.)
May 9, 2014	Filing 165 ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Richard Miadich is DENIED. (Crouch, J)
April 14, 2014	Filing 160 STIPULATION and ORDER 158 signed by Chief Judge Morrison C. England, Jr., on 4/11/14 ORDERING that the parties are GRANTED an extension of time of 30 days to file dispositional documents in this case. (Kastilahn, A)
February 10, 2014	Filing 148 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2014 DISREGARDING plaintiff's 111 motion for issuance of a subpoena. (Yin, K)
February 5, 2014	Filing 147 ORDER signed by Chief Judge Morrison C. England, Jr on 2/5/2014 DIRECTING the clerk to serve by mail three certified copies of this order on the Warden of Wasco State Prison. The Clerk is further DIRECTED to send a courtesy copy of this order by fax to the Litigation Coordinator. Plaintiff is ORDERED to file an Amended Status Report by 2/18/2014 at 4:00 pm. (Donati, J)
January 31, 2014	Filing 145 ORDER signed by Chief Judge Morrison C. England, Jr on 1/30/14 VACATING 142 Amended Order. The Clerk of the Court shall send a courtesy copy of this Order by fax to the litigation coordinator of California Men's Colony and also DIRECTED to serve by mail three certified copies on the Warden of California Men's Colony; Plaintiff is ORDERED to file an Amended Status Report by 4:00 p.m. on Monday, 2/17/14. (Served by fax on the California Men's Colony Litigation Coordinator and 3 certified copies served by mail on the California Men's Colony Warden) (Meuleman, A) Modified on 1/31/2014 (Meuleman, A).
January 16, 2014	Filing 142 AMENDED 135 ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief Judge Morrison C. England, Jr on 1/16/2014 ORDERING the custodian to produce Gary Allen #AK0444 to appear by telephonic-conferencing at California Men's Col ony, February 24, 2014, at 9:00 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (Served by fax on the California Men's Colony Litigation Coordinator and 3 certified copies served by mail on the California Men's Colony Warden)(Yin, K)
January 14, 2014	Filing 138 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief Judge Morrison C. England, Jr. on 1/13/2014 ORDERING the Custodian to produce Anthony R. Turner at 9:00 AM on 2/24/2014 in Courtroom 7 before Chief Judge Morrison C. England, Jr. 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 and Out-to-Court Desk. (cc: OTCD) (Zignago, K.)
January 8, 2014	Filing 136 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief Judge Morrison C. England, Jr on 1/8/14 ORDERING the Custodian to produce Jacob Elijah Fleenor via video conferencing at San Quentin State Prison, 2/24/14 at 9:00 a.m. before the Honorable Morrison C. England, Jr.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: IT Dept) (Meuleman, A)
October 23, 2013	Filing 121 ORDER signed by Chief Judge Morrison C. England, Jr. on 10/22/2013 GRANTING 120 Motion to Continue Trial; CONTINUING the Jury Trial to 2/24/2014 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; ORDERING that the parties file trial briefs by 12/16/2013; CONTINUING the Final Pretrial Conference to 12/19/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; ORDERING that the joint final pretrial statement be filed by 11/27/2013 and shall c omply with the procedures outlined in 34 Scheduling Order; ORDERING that any evidentiary and/or procedural motions be filed by 11/27/2013; ORDERING that oppositions to said motions be filed by 12/4/2013; ORDERING that any reply be filed by 12/11/2013. (Michel, G)
April 30, 2013	Filing 116 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/29/13 ORDERING the Custodian to produce Anthony Ricardo Turner at 9:00 am on June 18, 2013 in Courtroom 25 before Judge Kendall J. Newman. Custodian is ordered to notify the Court of anychanges in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on theCustodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
December 4, 2012	Filing 107 ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/12 ORDERING that plaintiffs counsel and their staff, including a photocopy service, is granted access to review and photocopy the confidential medical and mental health records for plainti ff Anthony Turner, Inmate Identification #G-27511, from January 1, 2012, through November 30, 2012, that are in the possession of the California Department of Corrections and Rehabilitation, subject to the above protective order; Within 45 day s from the date of this order, plaintiffs counsel shall file a written status update as to plaintiffs condition; and the Clerk of the Court is directed to send a copy of this order to Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)
July 10, 2012	Filing 99 ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Kendall J. Newman on 7/9/2012 ORDERING that this case is SET for a Settlement Conference on 10/19/2012 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; parties are to file a signed Waiver of Disqualification, or notice of non-waiver of disqualification, no later than 8/6/2012; defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on de fendants' behalf shall attend in person; the parties are DIRECTED to exchange non-confidential settlement conference statements 7 days prior to the conference; the 10/18/12 pretrial conferene is VACATED and RESET for 11/1/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.; the parties shall file their final pretrial conference statement no later than 10/23/12. (Yin, K) Modified on 7/10/2012 (Yin, K).
May 9, 2012	Filing 97 ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/2012 ORDERING tha the 4/27/2012 Pretrial Conference is VACATED and RESET for 10/18/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr., the parties shall file their Fina l Pretrial Conference Statement not later than 10/4/2012; the 8/27/2012 Jury Trial is VACATED and RESET for 11/26/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.; within 45 days, the parties shall inform the court whether a settlement conference should be set; and plaintiff's 96 motion for injunctive relief is DISREGARDED. (Yin, K)
March 14, 2012	Filing 93 ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/12 ORDERING that Richard C. Miadich is appointed as counsel in the above entitled matter. Richard C. Miadich shall notify Sujean Park, at (916) 930-4278 or via email atspark@caed.uscour ts.gov, if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Richard C. Miadich, Olson Hagel & Fishburn, LLP, 555 Capitol Mall Drive, Suite 1425, Sacramento, California 95814. (Dillon, M)
February 3, 2012	Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/12 GRANTING 88 Motion to Appoint Counsel. The Clerk of Court is directed to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc ADRP)(Dillon, M)
January 18, 2012	Filing 87 ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/2012 ORDERING that within 20 days, plaintiff shall inform the court whether he seeks appointment of counsel.(Yin, K)
January 12, 2012	Filing 86 ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/12 denying 67 Motion for confirmation of service of defendant Vertinelli. (Dillon, M)
December 19, 2011	Filing 84 ORDER ADOPTING 80 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 12/16/11 and ORDERING that plaintiff's 69 , 70 Motions for Summary Judgment are DENIED and defendants' 71 Motion for Summary Judgment is GRANTED as to defendant Hall and DENIED as to defendant Colon. (Benson, A.)
October 14, 2011	Filing 80 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/13/11 recommending that plaintiff's motions for summary judgment 69 , 70 be denied. Defendants summary judgment motion 71 be granted as to defendant Hall and denied as to defendant Colon. Motions 69 , 70 , 71 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
September 20, 2011	Filing 77 ORDER ADOPTING 66 Findings and Recommendations signed by Judge Morrison C. England, Jr. on 9/19/2011 DISMISSING Defendant Vertinelli; Vertinelli TERMINATED. (Michel, G)
September 7, 2011	Filing 76 ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 09/06/11 ordering that within 21 days of the date of this order, plaintiff may file a supplemental opposition to defendants' summary judgment motion; defendants may file a supplemental reply within 7 days thereafter; within 21 days of the date of this order, plaintiff shall show cause for his failure to respond to defendants' request for admissions. (Plummer, M)
July 8, 2011	Filing 66 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/7/11 ORDERING that 63 Motion to Compel is DENIED; RECOMMENDING that defendant Vertinelli be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
June 9, 2011	Filing 65 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/7/2011 ORDERING that w/in 21 days, pltf shall show cause why dft Vertinelli should not be dismissed. (Yin, K)
March 23, 2011	Filing 46 ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/11 denying 44 motion for writ of mandamus. (Plummer, M)
February 24, 2011	Filing 43 ORDER signed by Magistrate Judge Kendall J. Newman on 2/23/11 ORDERING that plaintiffs 38 motion to proceed in forma pauperis is denied as unnecessary.(Dillon, M)
February 11, 2011	Filing 40 ORDER signed by Magistrate Judge Kendall J. Newman on 2/9/11 DENYING 35 Motion for an order to show cause. (Dillon, M)
February 7, 2011	Filing 36 ORDER signed by Judge Morrison C. England, Jr on 2/4/2011 ORDERING that the 30 findings and recommendations filed October 29, 2010 and December 3, 2010 are adopted in full. Plaintiff's 22 motion for injunctive relief is DENIED. Defendants Salinas, Manning, Fiung, Talisayani, Rivera, Langren, Rubeck and Farman are dismissed from the instant action. Plaintiff's 26 motion for a temporary restraining order is DENIED. (Duong, D)(Duong, D)
December 3, 2010	Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/2/2010 RECOMMENDING that pltf's 26 motion for temporary restraining order be denied. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
October 29, 2010	Filing 25 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/28/10 recommending that plaintiff's motion for injunctive relief 22 be denied. MOTION for TEMPORARY RESTRAINING ORDER 22 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
July 22, 2010	Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 7/21/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Anthony R. Turner to the clerk until the balance of $350 is 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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Petitioner: Anthony R. Turner
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Respondent: Salinas
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