Solomon v. Negrete et al
Plaintiff: Vincente Solomon
Defendant: J. Negrete, Solis, Meyers, A. Yarzabal, Massi, Wells, Sheets, Kalbrock, Heil, Ippolito, S.T. Smith, E. Minda, P. Nickerson, D. Foston, D. Artis, K. Kostecky, J. Logan, Cisneros, Cruz, Castillo, Warfield, Washington, Hildreth, Short, Wilms, Olson, J. Cobian and R. Guerrera
Case Number: 2:2010cv02103
Filed: August 6, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kern
Presiding Judge: Gregory G. Hollows
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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
October 7, 2015 Opinion or Order Filing 163 ORDER signed by Magistrate Judge Allison Claire on 10/06/15 ordering that plaintiff's requests to enforce the settlement agreement in case number C 11 2827 JST (PR) 161 , 162 are disregarded. All further documents will be disregarded and no orders will issue in response to future filings. (Plummer, M)
September 23, 2014 Opinion or Order Filing 150 ORDER signed by Senior Judge William B. Shubb on 9/22/14 ADOPTING IN FULL 147 Findings and Recommendations; GRANTING 121 Motion for Summary Judgment ; DENYING 142 Motion to Stay. CASE CLOSED. (Meuleman, A)
August 19, 2014 Opinion or Order Filing 147 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/18/14 ORDERING plaintiff's most recent request for appointment of counsel 142 is denied. Also, RECOMMENDING that plaintiff's motion for a stay of proceedings 142 be denied. Defendants motion for summary judgment 121 be granted and judgment be entered for defendants. Motions 121 and 142 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
March 14, 2014 Opinion or Order Filing 134 ORDER signed by Senior Judge William B. Shubb on 3/14/2014 DENYING 132 Plaintiff's Motion for law library to provide copies; FINDINGS AND RECOMMENDATIONS 128 are ADOPTED in FULL; Defendant Tate's 114 Motion for Summary Judgment is GRANTED. (Reader, L)
February 11, 2014 Opinion or Order Filing 128 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/10/14 RECOMMENDING that defendant Tates motion for summary judgment 114 be granted. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
October 8, 2013 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Allison Claire on 10/7/13 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendant Tates motion for summary judgment. Failure to file an opposition, properly addressing defendant Tates assertions of fact, will result in the facts asserted by the motion to be considered by the court as undisputed for purposes of adjudicating the motion.(Dillon, M)
July 26, 2013 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Allison Claire on 07/26/13 ordering plaintiff's motion for a court order to produce inmate witnesses for trial 99 is denied without prejudice as premature. Plaintiff's motion for a court order regarding s upplies 100 is denied. Plaintiff's motion for a court order regarding supplies and telephone calls 102 is denied. Plaintiff's 02/25/13 motion to compel discovery is denied. Pursuant to previous order of the court 110 dispositive motions shall be filed within 14 days. (Plummer, M)
March 5, 2013 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Allison Claire on 03/04/13 granting 109 Motion to extend the dispositive motion deadline until after the court has ruled on plaintiff's motion to compel. If the court denies plaintiff's motion to compel, dispositive motions shall be filed 14 days after the court issues the order. If the court grants plaintiff's motion to compel, dispositive motions shall be filed no later than 30 days after the responses to the discovery are due. (Plummer, M)
September 4, 2012 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/4/2012 ORDERING 86 Motion to Compel and 87 Motion are DENIED; 93 Motion is DISREGARDED; 95 Motion is DENIED; 96 Motion for Extension is DENIED; 97 Motion for Extension is GRANTED as follows, Discovery due by 10/21/2012, Dispositive Motions filed by 1/18/2013.(Waggoner, D)
June 1, 2012 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING that, by their 88 , 89 response, defendants have satisfactorily DISCHARGED the 4/23/12 court's order, and plaintiff's complaints regarding having been or being hindered or obstructed in the prosecution of this action have not been substantiated.(Yin, K)
April 23, 2012 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/23/2012 ORDERING that plaintiff's 73 motion for the court to order an investigation is DENIED; plaintiff's 84 motion to be moved to another yard is DENIED; plaintiff's 83 request for the appointment of counsel is DENIED; however defendants must file a response, within 14 days, to plainitff's complaints about being obstructed from prosecuting this case. (Yin, K)
December 23, 2011 Opinion or Order Filing 71 ORDER ADOPTING 55 FINDINGS and RECOMMENDATIONS, in full, signed by Judge William B. Shubb on 12/22/2011. Plaintiff's 9/8/2011 41 Motion for Preliminary Injunctive Relief in form of an Order renewing his pain medication is DENIED. (Marciel, M)
October 21, 2011 Opinion or Order Filing 55 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/20/11 ORDERING that defendant Tate will not be required to file any response before the remaining defendants to be served are so required; Plaintiffs motions f or a court-ordered transfer of prisons, 45 and 49 , pursuant to the 30 Order, are DISREGARDED. It is RECOMMENDED that plaintiffs 41 motion for preliminary injunctive relief in the form of an order renewing his pain medication, be denied. Motion referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Dillon, M)
October 17, 2011 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/2011 ORDERING that the warden has DISCHARGED the 42 Order pursuant to the All Writs' Act, by timely 46 response from the appropriate prison legal officer. (Yin, K)
September 19, 2011 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/16/11 ORDERING that within 14 days of the date of this order, defendant Dr. Tate must file a response to plaintiffs motion, filed on September 8, 2011, construed as a motion for preliminary inj unctive relief. There will be no extension of time granted for defendants response; and Clerk of the Court is directed to serve a copy of pages 1 through 3 and pages 68 through 75 of the 25 amended complaint, a copy of plaintiffs 41 motion for preliminary injunctive relief, and a copy of this order on defendant Dr. Tate at California Correctional Institution and on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)
September 15, 2011 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/14/11 ORDERING that solely to the extent that plaintiff seeks this courts intervention with regard to his not being provided copies of his amended complaint, 40 Motion is GRANTED; Within 14 d ays, the Warden of California Correctional Institution shall inform the court why jail officials have refused to provide the required copies of the amended complaint which this court has ordered, sufficient for plaintiff to return fourteen copies, al ong with the summons and completed USM- 285 forms, in order for the court to direct service of process in this action; and Clerk of the Court is directed to serve this order on Warden FernandoGonzalez at California Correctional Institution / 24900 California 202 / Tehachapi, CA 93561-5558 (P.O. Box 1031 / Tehachapi, CA 93581 (Attn. Warden Gonzalez)), and also on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson) (Dillon, M)
July 21, 2011 Opinion or Order Filing 36 ORDER signed by Judge William B. Shubb on 7/20/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/24/11 30 are ADOPTED in full; Plaintiff's defective Motion for Preliminary Injunctive Relief, filed 6/21/11 28 is DENIED. (Mena-Sanchez, L)
June 24, 2011 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/24/11 ORDERING that Plaintiff no longer engage in the seriatim filing of inadequately supported and inapposite requests for preliminary injunctive relief, particularly while such a request is s till pending; should he continue to do so, this court will disregard such filings. IT IS FURTHER RECOMMENDED that Plaintiff's defective MOTION for Preliminary Injunctive Relief, filed on 6/21/11 28 be denied. These Findings and Recommendation are submitted to U.S. District Judge William B. Shubb. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)
June 21, 2011 Opinion or Order Filing 27 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 06/20/11 recommending that defendants Caresco, Bryant, Steadman, Negrete, Miner, Sheet, Cable, Mello, Heil, Grimm, Wallace, Cannon, Turner, Bonville, Davis, Foston, Hodges, Hollins, Blankmanship (or Blankenship, Gnetry, Curliss, Buritt, Doung, Nurse Franco, Jaquin, Hibbard and Heard be dismissed; in addition that portion of plaintiff's claim against defendants Torres, Norgaard and Wright regarding being forced out of the SHU be dismissed. As well, plaintiff's claims against defendants Lundy, Schuyler and Sgt. Franco regarding a claimed lack of outdoor exercise be dismissed; also claims against defendant Schuyler related to a deprivation of a variety of personal property be dismissed. The case only proceed as to the following: a claim of retaliation against Torres, Norgaard, Wright for placeing and retaining plaintiff in SHU from 12/31/06 to 07/28/07 for the filing of a grievance against defendant Torres; a claim of inadequate medical care regarding an alleged abrupt termination of pain medication against defendant Tate; a claim of retaliation against defendant Stallcup for her alleged actions folloowing the filing of a grievance by plaintiff; a claim of an Eighth Amendment violation against defendants Vasquez, Medrano and Barajas for excessive force and retaliation, regarding a pepper-spraying incident and its aftermath, as well as a claim of retaliation against defendant Garcia, Lundy, Campbell, Sgt. Franco and Prior, regarding plaintiff's filing complaints about being pepper-sprayed. Plaintiff's 06/03/11 request for preliminary injunctive relief 24 be denied without prejudice. MOTION for PRELIMINARY INJUNCTION 24 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
May 20, 2011 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/19/11 ordering plaintiff's request for an emergency transfer 22 is vacated as duplicative of the request made on 04/25/11 20 . Plaintiff must comply with the order filed on 05/03/11 21 . If plaintiff is significantly hindered from compliance with this court's prior order, plaintiff must set forth the circumstances, as set forth above, in the form of a well-supported affidavit or declaration. (Plummer, M)
May 3, 2011 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/03/11 ordering plaintiff's first amended complaints filed on 02/07/11 15 and 16 are stricken with 1 more opportunity granted plaintiff to file an amended complaint within 28 days from the date of service of this order. There will be no extension of time. Plaintiff's request for an emergency transfer construed as a motion for preliminary injunctive relief 20 is denied without prejudice to filing of an appropriately suppor ted affidavit seeking such relief should plaintiff file an amended complaint alleging colorable claims against defendants within the court's jurisdiction. Plaintiff's request for the court to order CCI to make copies of plaintiff's exhibits 19 must be denied at this time. (Plummer, M)
October 8, 2010 Opinion or Order Filing 9 ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Gregory G. Hollows on 10/8/10: The complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within twenty-eight days from the date of service of this order. (Kaminski, H)
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Plaintiff: Vincente Solomon
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Defendant: J. Negrete
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Defendant: Solis
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