Coston v. Nangalama et al
| Danny Murphy Coston |
| Andrew Nangalama, Ronald Nale, Victor Duc, Troy Brimhall, D. Berchtold, J. Bal and Preet Sahota |
| 2:2010cv02009 |
| July 28, 2010 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Edmund F. Brennan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
349
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/13/2025 RECOMMENDING plaintiff's 319 motion for entry of default judgment be denied without prejudice. Referred to Judge Dena M. Coggins. Objections to F&R due within 14 days. (Deputy Clerk KLY)
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Filing
347
AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 05/29/2025 DIRECTING the Warden of Folsom State Prison to produce Daniel Murphy Coston, #D-86227, in Court on 6/24/2025 at 10:00 AM in Courtoom 10 before Magistrate Judge Dennis M. Cota. (cc: DMC, OTCD-Sac) (Deputy Clerk KS)
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Filing
343
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/9/2025 GRANTING plaintiff's 340 motion and ORDERING the custodian to produce Daniel Murphy Coston D-86227 to testify in the USDC on 6/ 12/2025 at 10:00 a.m. in courtroom 10, before Magistrate Dennis M. Cota; 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; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: DMC, OTCD-SAC) (Deputy Clerk KLY)
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Filing
334
CERTIFICATION OF FACTS and ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 1/31/2025 CERTIFYING the recited facts and FINDING by clear and convincing evidence: that CSP-Sac violated 265 Order by refusing to provide a declaratio n or declarations detailing CSP-Sac's efforts to find documents responsive to plaintiff's 11/11/2022 and 1/27/2023 FRCP Rule 45 subpoenas. It is further ORDERED that CSP-Sac appear to show cause, at a time to be set by the District Judge, as to why it should not be held in contempt and sanctioned. (Deputy Clerk HAH)
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Filing
328
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/31/2024 GRANTING 372 Joint Motion and MODIFYING the briefing schedule for 317 Motion for Summary Judgment as follows: Opposition due by 1/13/2025, Reply due by 1/23/2025. (Deputy Clerk HAH)
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Filing
315
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/27/2024 GRANTING 311 Respondent California State Prison's Motion for administrative relief to extend the briefing schedule and continue the hearing date. Respondent's propos ed opposition to Plaintiff's motion for order to show cause is deemed filed; and the hearing date for Plaintiff's motion is CONTINUED from 12/11/2024 to 12/18/2024 at 11:00 AM in Courtroom 9 before Magistrate Judge Edmund F. Brennan. Plaintiff shall file his reply brief on or before 12/6/2024. (Cannarozzi, N)
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Filing
300
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/07/2024 ORDERING a nunc pro tunc extension of time giving the Respondent until 10/7/2024 to serve and file an updated Scruggs declaration. Plaintiff's time to file a response to the updated declaration and any contempt motion is EXTENDED to 10/28/2024. (Spichka, K.)
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Filing
290
CERTIFICATION OF FACTS AND ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/23/2024 ORDERING, at a time to be set by the District Judge, CSP-Sac appear to show cause why it should not be found in contempt pursuant to Federal Rule of Civil Procedure 45(g), and, as a monetary sanction be required to compensate plaintiff for the attorney's fees incurred to compel compliance with the subpoenas and stipulated orders. (Yin, K)
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Filing
284
ORDER signed by Senior District Judge Morrison C. England, Jr on 05/29/2024 GRANTING 276 Motion to Strike. Defendant Hale has failed to defend the action and has completely ceased participating in this litigation. (Murphy, J)
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Filing
281
STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr., on 5/9/24 ORDERING the following pretrial schedule: Expert Disclosures will be due on 6/25/24; Rebuttal Expert Disclosures will be due on 8/26/24; Expert discovery will close on 10/25/24; Any dispositive motions will be filed on or by 11/4/24; Settlement Conference will be conducted on or by 1/20/25; Final Pretrial Conference will be held on 3/3/25; and the Trial will begin on 4/7/25. ( Kastilahn, A)
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Filing
274
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/2024 ORDERING that the scheduling order be MODIFIED so that the 30(b)(6) Deposition noticed on 2/20/2024 is allowed to be completed on or before 4/19/2024. (Mena-Sanchez, L)
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Filing
265
ORDER signed by Magistrate Judge Edmund F. Brennan on 01/10/2024 GRANTING the 260 Motion to Compel. By 1/19/2024, CSP-Sac shall identify a person with knowledge regarding policies requested by plaintiff's two subpoenas. Plaintiff shall notice depositions of the person by 2/2/2024. Depositions must be completed by 2/9/2024. By 2/2/2024, CSP-Sac shall respond to requests as indicated in the instant order. (Spichka, K.)
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Filing
259
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 10/20/2023 AMENDING 226 Order reopening discovery and EXTENDING the close of Discovery by 150 days to 3/25/2024. The Parties are further ORDERED to file a Joint Status Report no later than 30 days after the close of discovery. (Clemente Licea, O)
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Filing
251
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/18/2023 WITHDRAWING the 247 Motion to Compel, VACATING the 8/23/2023 hearing date and DIRECTING CSP-Sac to conduct a diligent search for documents responsive to the requests of both Subpoenas and complete its production of those documents by 8/23/2023. CSP-Sac shall prepare a declaration similar to the one ordered in Scruggs v. Vance, 2011 WL 6368297 at *13 (E.D. Cal. Dec. 19, 2011) detailing the following for each request of the Subpoenas as described in this order and shall serve this declaration on Mr. Coston by 8/25/2023. (Spichka, K.)
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Filing
250
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 8/11/23, ORDERING that the joint motion of the parties for an extension of the close of discovery is GRANTED. The Order 226 reopening discovery is amended to EXTEND the close of discovery by 60 days to 10/27/23. The Parties are further ORDERED to file a Joint Status Report not later than 30 days after the close of discovery. (Kastilahn, A)
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Filing
240
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 04/19/23 AMENDING 226 Order reopening discovery and EXTENDING the close of discovery by 90 days tp 08/28/23. The Parties are further ordered to file a Joint Status Report not later than 30 days after the close of discovery. (Licea Chavez, V)
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Filing
238
ORDER signed by Senior Judge Morrison C. England, Jr. on 02/08/2023 GRANTING the 236 Joint Motion and EXTENDING the discovery deadline to 05/30/2023. Joint Status Report due 30 days after the close of discovery. (Spichka, K.)
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Filing
234
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 12/27/22 GRANTING Extension of Time. Discovery shall close 3/31/23. A Joint Status Report is due 30 days thereafter. (Woodworth, M.)
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Filing
232
ORDER signed by Senior Judge Morrison C. England, Jr on 12/19/2022 GRANTING 229 Motion to Withdraw as Attorney. (Perdue, C.)
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Filing
226
ORDER signed by Senior Judge Morrison C. England, Jr., on 10/15/22 GRANTING 220 plaintiff's Motion to Reopen Discovery. Discovery is REOPENED for 120 days commencing from the date this Order is electronically filed. The parties are further ordered to file a Joint Status Report not later than 30 days after the close of discovery. (Kastilahn, A)
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Filing
208
ORDER signed by District Judge Morrison C. England, Jr on 5/2/19 DENYING 194 Motion to Set Aside the Verdict, Order a New Trial and/or Alter the Judgment. As this action is closed, no order will issue in response to future filings. (Kaminski, H)
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Filing
205
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/5/2019 ORDERING the custodian to produce Daniel Murphy Coston #D-86227, to testify in USDC at 11:00 a.m. on 3/21/2019 in Courtroom 7, before J udge Morrison C. England, Jr.; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
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Filing
197
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/18/18 ORDERING the Custodian to produce Daniel Murphy Coston on 3/07/19 at 2:00 p.m. in courtroom 7 before District Judge Morrison C. England J r. The custodian is ordered to notify the court of any changes in custody and to provide the new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
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Filing
186
ORDER signed by District Judge Morrison C. England, Jr. on 10/24/2018 DENYING 171 Request for Leave to Amend Complaint. (York, M)
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Filing
170
SUBSTITUTION of ATTORNEY and ORDER signed by Magistrate Judge Edmund F. Brennan on 05/09/18 ORDERING Amie C. McTavish is substituted in as attorney of record in place of attorney Shanan L. Hewitt for defendant Ronald Hale. (Plummer, M) Modified on 5/10/2018 (Plummer, M).
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Filing
162
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/31/18 ORDERING the Custodian to produce Danny Murphy Coston on 11/13/18 at 9:00 a.m. in courtroom 7 before District 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 this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
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Filing
151
ORDER signed by Chief Judge Morrison C. England, Jr on 3/25/15 DENYING 144 Motion to Set Aside Judgment and for a New Trial. (Manzer, C)
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Filing
127
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANCUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/2/2014 ORDERING the custodian to produce Danny Murphy Coston D-86227, to testify in USDC at 9:00 a.m. on 2/2/2015 in courtroom #7, before Judg e Morrison C. England, Jr.; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden of CSP, Corcoran. (cc: OTCD-SAC) (Yin, K)
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Filing
125
ORDER signed by Chief Judge Morrison C. England, Jr on 09/03/14 adopting 123 FINDINGS AND RECOMMENDATIONS. Plaintiff's motion for judgment on the pleadings 110 is denied. (Plummer, M)
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Filing
123
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/30/14 recommending that plaintiff's motion for judgment on the pleadings 110 be denied. MOTION for judgment on the pleadings 110 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
122
ORDER signed by Chief Judge Morrison C. England, Jr. on 6/24/2014 ORDERING that Defendants' 109 Motion to Augment Trial Witness and Exhibit List is GRANTED. Discovery in this matter is RE-OPENED for a period of sixty (60) days following the electronic filing of this order, subject to the limitations set forth in this Order. The jury trial in this matter is set for 2/2/2015. A Third Supplemental Pretrial Order will be forthcoming. (Zignago, K.)
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Filing
113
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/6/14 ORDERING the Custodian to produce Danny Murphy at 9:00 am 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. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Corcoran State Prison Litigation Coordinator at via facsimile at (559) 992-7372. (cc: OTCD)(Dillon, M)
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Filing
103
ORDER signed by Chief Judge Morrison C. England, Jr on 3/17/14 ORDERING that the Order and Writ of Habeas Corpus Ad Testificandum, ECF No. 83 , for Plaintiff Danny Murphy Coston, CDCR inmate # D-86227, issued by this Court on February 21, 2014, i s VACATED; The Clerk of the Court is directed to serve by mail three certified copies of this order on the Warden of Corcoran State Prison; The Clerk of the Court is directed to serve a courtesy copy of this order on the Out-To-Court Desk; The C lerk of the Court shall send a courtesy copy of this Order by fax to the litigation coordinator of Corcoran State Prison at (559)-992-7372; The March 31, 2014 jury trial in this matter and the Courts Supplemental Pretrial Order (including th e filing dates therein), ECF No. 81 , are VACATED; Defendants are ORDERED to file a status report as to Defendant Hales condition and supplemental briefing as outlined in this Order within thirty (30) days of the electronic filing of this ord er. Defendants requests to dismiss Defendant Hale, to augment their witness list, and for leave to submit an additional trial exhibit, ECF No. 89 , are DENIED WITHOUT PREJUDICE; and Defendants Motions in Limine and Objections to Plaintiffs Trial Exhibits, ECF No. 88 , are DENIED without prejudice. Defendants must refile these motions in accordance with the new deadlines that will be set by separate order. (cc Out to Court Desk)(Dillon, M)
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Filing
83
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/20/14 ORDERING the Custodian to produce Danny Murphy Coston at 9:00 am in Courtroom 7 before 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)(Dillon, M)
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Filing
77
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/9/13 ORDERING that within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. The date for jury trial before the assigned district judge will be set in the pretrial order.(Dillon, M)
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Filing
76
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/15/13 DENYING 75 Motion to Appoint Counsel. (Dillon, M)
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Filing
73
ORDER signed by Chief Judge Morrison C. England, Jr on 3/29/2013 ORDERING the 67 FINDINGS AND RECOMMENDATIONS are ADOPTED IN PART and REJECTED IN PART; The findings and recommendations as to Defendants Nangalama and Hale are ADOPTED IN FULL, and [56 ] Motion for Summary Judgment is DENIED as to these two defendants; The findings and recommendations as to Defendants Nangalama and Hale are ADOPTED IN FULL, and 56 Motion for Summary Judgment as to these two Defendants is DENIED; 56 Motion for Summary Judgment is GRANTED as to Defendants Berchtold and Brimhall; The Court declines to consider the supplemental declarations by Defendant Nangalama and Kelley Yokley offered in support of Defendants 71 Objections to the Magistrate Judges Findings and Recommendations; Defendants request to submit a new motion for summary judgment is DENIED. (Waggoner, D)
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Filing
67
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/28/2013 RECOMMENDING that the 56 motion for summary judgment be granted as to defendants Berchtold and Brimhall, and denied as to defendants Nangalama, Hale, Duc and Bal. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
50
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/11/2012 ORDERING that plaintiff's 45 motion to amend is DENIED; defendants' 49 motion to modify the scheduling order is GRANTED, and defendants may file a dispositive mtoion within 30 days. (Yin, K)
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Filing
31
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/11 GRANTING 30 Motion for Extension of Time to File Answer. Defendants' Responses due by 6/24/2011. (Meuleman, A)
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Filing
15
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/11/2011 ORDERING that dft Sahota, as well as pltf's claim against dft Hale based on delivery of pltf's morphine w/out labels or instructions, are DISMISSED w/out prejudice. (Yin, K)
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Filing
11
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Danny Murphy Coston signed by Magistrate Judge Edmund F. Brennan on 12/16/10. 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)
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Filing
6
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/9/10 ORDERING that plaintiff has 30 days from the date this order is served to submit the required trust account statement. Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner.(Dillon, M)
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Filing
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/5/10, ORDERING that pltf has 30 days from the date of service of this order to submit either the filing fee or the appl required by § 1915(a). The Clerk is directed to mail pltf an ifp appl form. (Kastilahn, A)
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