Davis v. Walker et al
Plaintiff: Kennard Lee Davis
Defendant: James Walker, Richard Allen and Samuel McAlpine
Case Number: 2:2010cv02139
Filed: August 10, 2010
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 27, 2025 Opinion or Order Filing 490 ORDER signed by Magistrate Judge Sean C. Riordan on 1/24/2025 ORDERING, within 14 days, the custodian of records for SVSP shall provide a complete copy of plaintiff's mental health records from 9/17/2024 to the present to Deputy Attorney General Matthew Wilson who shall electronically file these records with the court under seal in accordance with this order and LR 141. The Clerk shall serve a copy of this order on Dr. Gregory and the Litigation Coordinator at SVSP via email. (Deputy Clerk KLY)
January 7, 2025 Opinion or Order Filing 486 ORDER signed by Senior District Judge Kimberly J. Mueller on 1/7/2025 ORDERING Plaintiff's 332 , 341 objections in case no. 2:08-cv-0593 KJM SCR to the denial of requests to cross-examine Drs. Mannis, Neumann, Peterson, and Flinn and to unsea l Dr. Mannis' report are OVERRULED. Plaintiff's 408 , 418 objections in case no. 2:10-cv-2139 KJM SCR to the denial of requests to cross-examine Drs. Mannis, Neumann, Peterson, and Flinn and to unseal Dr. Mannis' report are OVERRULE D. Plaintiff's 361 request in case no. 2:08-cv-0593 KJM SCR for a telephonic or status conference is DENIED. Plaintiff's 438 request in case no. 2:10-cv-2139 KJM SCR for a telephonic or status conference is DENIED. Plaintiff's [396 ] motion in case no. 2:08-cv-0593 KJM SCR for recusal is DENIED. Plaintiff's 469 , 470 motions in case no. 2:10-cv-2139 KJM SCR for recusal are DENIED. Plaintiff's 405 , 407 objections in case no. 2:08-cv-0593 KJM SCR to various minute orders by the magistrate judge are OVERRULED. Plaintiff's 480 , 482 objections is case no. 2:10-cv-2139 KJM SCR to various minute orders by the magistrate judge are OVERRULED. (Deputy Clerk KEZ)
January 6, 2025 Opinion or Order Filing 485 ORDER signed by Magistrate Judge Sean C. Riordan on 01/06/2025 DENYING Plaintiff's 476 Motion as moot and ORDERING that the deadline for the submission of Dr. Gregory's competency report is SUA SPONTE EXTENDED to 2/24/2025. All parties t o these proceedings as well as necessary CDCR staff are admonished to cooperate fully with the orders issued by this court as indicated herein. Any failure to comply with the terms of this order, or prior order of the court, may result in the issuance of an order to show cause why sanctions should not be imposed. The Clerk is DIRECTED to serve a copy of this order on Dr. Gregory and the Litigation Coordinator at Salinas Valley State Prison. (Deputy Clerk KS)
November 14, 2024 Opinion or Order Filing 473 ORDER signed by Magistrate Judge Sean C. Riordan on 11/14/2024 ORDERING that Plaintiff's place of incarceration shall make plaintiff available for a competency assessment by Dr. Amanda Gregory under the conditions and timeline set out in this or der. If a dispute or difficultly arises regarding scheduling or the conditions for conducting Dr. Gregory's evaluation of plaintiff, prison officials shall immediately contact Deputy Attorney General Wilson who shall then explain the dispute or difficult in a filing with the court. (Spichka, K.)
October 9, 2024 Opinion or Order Filing 464 ORDER signed by Senior District Judge Kimberly J. Mueller on 10/08/24 ADOPTING 446 Findings and Recommendations in full and ORDERING as follows: DENYING 421 441 Motions for Preliminary Injunctive Relief; DENYING 422 Motion for a Telephone Conference; DENYING 432 435 Motions to Certify a Class Action, DENYING 431 436 Motions for the Appointment of Counsel to represent a class and DENYING 439 Motion to Examine a Correctional Officer. (Benson, A.)
September 17, 2024 Opinion or Order Filing 460 ORDER signed by Magistrate Judge Sean C. Riordan on 9/16/2024 ORDERING, within 30 days, the custodian of records for the facility where plaintiff is currently incarcerated shall lodge with the court, UNDER SEAL, plaintiff's complete records of psychiatric treatment from 12/15/2023 through the present. The Deputy AG representing defendants shall serve a copy of this order on the custodian of records, or other appropriate prison official, for the facility where plaintiff is currently incarcerated and shall facilitate timely delivery of the records to the court. (Yin, K)
April 24, 2024 Opinion or Order Filing 446 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/24/2024 RECOMMENDING plaintiff's 421 , 441 motions for preliminary injunctive relief be denied, plaintiff's 422 motion for a telephone conference regarding her motions for preliminary injunctive relief be denied, plaintiff's 432 , 435 motions to certify a class action be denied, plaintiff's 431 , 436 motions for the appointment of counsel to represent a class be denied, and plaintiff's 439 motion to examine a correctional counselor be denied. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days.(Yin, K)
April 4, 2024 Opinion or Order Filing 443 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/3/2024 DISMISSING without prejudice plaintiff's 430 , 433 motions to introduce testimony regarding her competency and RECOMMENDING plaintiff's 424 motion to sever these cases be denied. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 21 days.(Yin, K)
March 14, 2024 Opinion or Order Filing 429 ORDER signed by Magistrate Judge Deborah Barnes on 3/14/2024 APPOINTING Dr. Amanda Gregory as a neutral expert to assist the court under Federal Rule of Evidence 706. The Clerk shall send a copy of this order along with the electronic copies of the documents listed herein to Dr. Gregory. Dr. Gregory shall review the documents forwarded by the Clerk, perform an examination of plaintiff at a time to be determined, and within 45 days thereafter submit a written report to the court by email to dborders@caed.uscourts.gov. Dr. Gregory's professional opinion is requested as to plaintiff's current mental health, mental health prognosis, and current competency to represent herself in these proceedings. Dr. Gregory shall submit periodic bills by email to dborders@caed.uscourts.gov. (See Order for Details) (Yin, K)
March 13, 2024 Opinion or Order Filing 428 ORDER signed by Magistrate Judge Deborah Barnes on 3/12/2024 GRANTING defendants' 426 motion for an extension of time. On or before 3/21/2024, defendants shall file their response to plaintiff's motion for a preliminary injunction. (Yin, K)
February 22, 2024 Opinion or Order Filing 423 ORDER signed by Magistrate Judge Deborah Barnes on 02/21/2024 DIRECTING Defendants to contact the litigation coordinator at SVSP regarding Plaintiff's housing, safety, and medical care. No later than 14 days after the filed date of this order, Defendants shall file a response to Plaintiff's motion that explains: (a) the status of plaintiff's housing, including whether the housing satisfies placement requirements applicable to Plaintiff; (b) whether the prison is aware of risks to Plaintiff's safety; and (c) the status of the medical care, including mental health care, Plaintiff is receiving. (Spichka, K.)
December 7, 2023 Opinion or Order Filing 419 ORDER signed by Magistrate Judge Deborah Barnes on 12/06/23 ORDERING that, within 30 days, the custodian of records for the facility where plaintiff is currently incarcerated shall lodge with the court, under seal, plaintiff's complete medical record maintained by the CDCR, including records of psychiatric treatment. Defendants' counsel shall serve a copy of this order on the custodian of records and shall facilitate delivery of the records to the court. (Benson, A.)
November 3, 2023 Opinion or Order Filing 417 ORDER signed by Magistrate Judge Deborah Barnes on 11/3/2023 DENYING without prejudice 374 Motion to Cross-Examine Dr. Mannis, 375 Motion to Unseal Dr. Mannis's Report, 378 Motion to Cross-Examine Dr. Neumann, 406 , 407 Motions to Cro ss-Examine Drs. Peterson and Flinn, and 402 , 403 Motions for a Status Conference and a Settlement Conference. The portion of 398 Order granting plaintiff's motions for appointment of an expert is VACATED. In all other respects, 398 Order, including this court's determination that appointment of a mental health expert is appropriate at this time, is unchanged. 371 , 379 , and 380 Motions for the Appointment of an Expert are WITHDRAWN. (Huang, H)
September 29, 2023 Opinion or Order Filing 399 ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2023 ADOPTING 396 The Findings and Recommendations in full; Plaintiff's 376 Motion to have Dr. Mannis removed from the service list in case is GRANTED. The Clerk of the Court is directed to remove Dr. Mannis from the service list for both of these cases. Plaintiff's 382 Motion for preliminary injunctive relief and/or a protective order is DENIED. (Mena-Sanchez, L)
September 21, 2023 Opinion or Order Filing 398 ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2023 GRANTING 371 , 379 , & 380 Motion to Appoint Expert. Parties shall attempt to find current contact information for Dr. Kasushal Sharma within the next 21 days. Parties shall file statements providing the contact information for Dr. Sharma or if unable to that information explaining what steps took to find him by 10/23/2023. (Clemente Licea, O)
September 1, 2023 Opinion or Order Filing 396 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 8/31/2023 DENYING plaintiff's 391 motion to cross-examine C. Ramos. IT IS RECOMMENDED that plaintiff's 388 objections to this court's 7/11/2023 order be granted with respect to plaintiff's request that Dr. Mannis be removed from the service list for this case. In all other respects, plaintiff's objections should be denied. Plaintiff's 376 motion to have Dr. Mannis remove d from the service list be granted. The Clerk be directed to remove Dr. Mannis from the service list for both of these cases. Plaintiff's 382 motion for preliminary injunctive relief and/or a protective order be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)
August 11, 2023 Opinion or Order Filing 394 ORDER signed by Chief District Judge Kimberly J. Mueller on 08/10/23; DENYING 384 Motion for Reconsideration. (Benson, A.)
July 27, 2023 Opinion or Order Filing 390 ORDER signed by Magistrate Judge Deborah Barnes on 7/26/2023 GRANTING 386 Motion for Extension of Time. Defendants shall file their response to 349 Motion to be Restored to Competency Status by 8/10/2023. Defendants mistakenly filed the motion for the 2008 case on the 2010 docket. It has been stricken from the docket in the 2010 case. (See ECF No. 387.) To clarify the record, defendants shall file the motion in the 2008 case immediately. This order will resolve the motion in the 2008 case as well. (Huang, H)
July 11, 2023 Opinion or Order Filing 383 ORDER signed by Magistrate Judge Deborah Barnes on 7/10/2023 ORDERING, within 10 days of the date of this order, the Deputy Attorney General representing defendants shall contact the litigation coordinator at the prison where plaintiff is incarcera ted to obtain information about the contentions made in plaintiff's 382 motion filed on 7/5/2023. Within 12 days of the date of this order, the Deputy Attorney General shall file a response to plaintiff's 382 motion. That response shall include a declaration from the litigation coordinator or other prison official familiar with plaintiff's situation regarding the contentions plaintiff makes in the 382 motion. (Yin, K)
June 30, 2023 Opinion or Order Filing 381 ORDER signed by Magistrate Judge Deborah Barnes on 6/29/2023 ORDERING, within 20 days, defendants shall file a response to plaintiff's 349 motion to be restored to competency status. Within 20 days after service of defendants' response, plaintiff may file a reply. (Yin, K)
March 27, 2023 Opinion or Order Filing 366 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/2023 DENYING 364 Objections, construed as Motion to Reconsider, filed by Kennard Lee Davis. (Perdue, C.)
March 21, 2023 Opinion or Order Filing 365 ORDER signed by Chief District Judge Kimberly J. Mueller on 03/20/23 ADOPTING 357 Findings and Recommendations in full and DENYING 340 , 356 Motions to Reinstate Prior Motions. (Benson, A.)
February 28, 2023 Opinion or Order Filing 363 ORDER signed by Magistrate Judge Deborah Barnes on 2/28/2023 ORDERING as follows: Defendants' counsel's request for an extension of time to submit the mental health report described in this court's January 6 order is GRANTED. Defenda nts' counsel shall file that report within thirty days of the filed date of this order. Plaintiff's Motions to regain competency filed in Case No. 2:10-cv-2139 KJM DB P 334 , 340 , 342 , and 345 are DISMISSED as redundant. The competency issue in the 2010 case will proceed on Plaintiff's Motion filed 11/28/2022 349 . (Mena-Sanchez, L)
February 14, 2023 Opinion or Order Filing 360 ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 2/14/2023 ORDERING defendant to show cause within 10 days why they should not be sanctioned for their failure to submit the report ordered on 1/6/2023. (Yin, K)
January 6, 2023 Opinion or Order Filing 357 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 01/05/2023 DIRECTING Plaintiff's mental health clinicians to file a report on the current status of his mental health, DENYING the 340 , 341 , 343 , 351 & 352 Motions for a Scheduling or Status Conference and the 344 & 350 Requests for a Settlement Conference. It is hereby RECOMMENDED that that the 340 & 356 Motions to Reinstate Prior Motions be denied. Referred to Judge Kimberly J. Mueller. Objections due within 30 days after being served with these findings and recommendations. (Spichka, K.) Modified on 1/6/2023 (Spichka, K.).
December 8, 2022 Opinion or Order Filing 354 ORDER signed by Chief District Judge Kimberly J. Mueller on 12/8/22 DENYING plaintiff's request for reconsideration. This order resolves ECF No. 353 . (Kastilahn, A)
November 2, 2020 Opinion or Order Filing 321 ORDER signed by Chief District Judge Kimberly J. Mueller on 11/2/2020 ORDERING plaintiff's 320 Motion to Reopen Case is DENIED without prejudice, allowing for resubmission with the referenced decision attached. (Zignago, K.)
July 31, 2019 Opinion or Order Filing 315 ORDER signed by District Judge Kimberly J. Mueller on 7/30/19 ORDERING that case number case numberS 2:08-cv-00593-KJM-DB and 2:10-cv-2139-KJM-DB are hereby ADMINISTRATIVELY CLOSED pending Mr. Davis's return to competency. All pending motions are DENIED. CASE CLOSED (Kastilahn, A)
April 17, 2019 Opinion or Order Filing 300 ORDER signed by District Judge Kimberly J. Mueller on 4/17/19 ORDERING that the Warden, litigation coordinator, and other correctional staff as needed at CHCF shall facilitate a telephone call between Kennard Davis, his guardian ad litem, and appoin ted counsel. The telephone call shall occur on 4/22/2019, to begin at 10:30 a.m. and shall continue, without interruption, for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall provide a number for appointed c ounsel to initiate the phone call. Correctional staff shall provide the number to Sujean Park, ADR & Pro Bono Program Director, at (916) 930-4278 or spark@caed.uscourts.gov no later than 9:30 a.m. on 4/22/2019. The Clerk is ordered to serve this order by facsimile (209) 467-2676 and email on the Warden and litigation coordinator at CHCF.(Kastilahn, A)
January 30, 2019 Opinion or Order Filing 289 ORDER signed by District Judge Kimberly J. Mueller on 1/29/2019 APPOINTING Tiffany Starcevich, daughter-in-law of plaintiff, to serve as guardian ad litem on plaintiff's behalf. Donald Aquinas Lancaster, Jr. is APPOINTED as limited purpo se counsel on behalf of plaintiff's new guardian ad litem in the above-entitled matters. Such appointment is for the limited purpose of advising the new guardian ad litem regarding the posture of this case and possible steps going forward , including but not limited to participation in a telephonic status conference to be held on 2/28/2019, at 02:30 PM, before District Judge Kimberly J. Mueller. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at spark@caed.uscourts.gov if he has any questions related to the appointment. (cc: VDRP Administrator, S. Park) (York, M)
December 18, 2018 Opinion or Order Filing 283 ORDER signed by District Judge Kimberly J. Mueller on 12/17/2018 DISREGARDING 281 Motion for TRO. The clerk is DIRECTED to serve this order and a copy of 281 Motion for TRO on counsel for plaintiff's guardian ad litem, Donald Lancaster. (Huang, H)
October 3, 2018 Opinion or Order Filing 258 ORDER signed by District Judge Kimberly J. Mueller on 10/02/18 APPOINTING Attorney Donald Aquinas Lancaster, Jr. as limited purpose counsel for guardian ad litem Jennifer Brown. Telephonic Status Conference set for 12/13/2018 at 02:30 PM before District Judge Kimberly J. Mueller (cc: Park). (Benson, A.)
September 26, 2018 Opinion or Order Filing 257 ORDER signed by District Judge Kimberly J. Mueller on 9/25/18 DENYING Motions 233 , 237 , 238 , 242 , 244 , 245 , 246 , 247 , 249 , 250 , 252 , 253 , 254 without prejudice. No orders will issue in response to further pro se filings by Plaintiff. (Mena-Sanchez, L)
September 21, 2018 Opinion or Order Filing 255 ORDER signed by District Judge Kimberly J. Mueller on 9/20/2018 ORDERING that Jennifer Brown is APPOINTED to serve as guardian ad litem on plaintiff's behalf. The Court's Pro Bono Coordinator is requested to identify counsel for the limited purpose of advising Ms. Brown as contemplated by this order, as promptly as possible. The Clerk of the Court is directed to serve a copy of this order on: Jennifer Brown 2494 East Del Rio Court, Gilbert, AZ 85295. (cc: S. Park) (Washington, S)
March 27, 2018 Opinion or Order Filing 234 ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ORDERING that the counsel for defendants file, under seal, a document listing the names and addresses of any and all next of kin or next friend contacts contained in plaintiff's prison records.(Fabillaran, J)
December 14, 2017 Opinion or Order Filing 222 ORDER signed by District Judge Kimberly J. Mueller on 12/13/2017 DENYING 198 , 203 Motion to replace guardian ad litem without prejudice; DENYING 219 , 220 Motion to Appoint Counsel; DENYING 199 , 202 Motion to Amend the Complaint; OVERRULI NG 215 , 217 Objections to appointing a neutral expert. Plaintiff is informed that further court action must await the filing of the written report of the neutral expert and that no orders will in response to future pro se filings until further order of court.(Washington, S)
September 12, 2017 Opinion or Order Filing 214 ORDER APPOINTING EXPERT signed by District Judge Kimberly J. Mueller on 9/11/2017 ORDERING 203 The court APPOINTS Steven Hugh Mannis, M.D. as a neutral expert to assist the court under Federal Rule of Evidence 706; The court apportions the cost o f the expert to defendants to be split equally among them; The Clerk of the Court shall send copies of documents to Dr. Mannis; Defendants shall take all steps necessary to provide Dr. Mannis with a copy of plaintiff's medical file since January 2007 within 14 days from the date of this order; Dr. Mannis shall review the documents forwarded by the Clerk and plaintiff's medical records, perform an examination of plaintiff at a time to be determined, and within 45 days thereafter submit a written report to the court. Dr. Mannis shall send the report once completed to the undersigned at the USDC, EDCA, Chambers of Hon. Kimberly J. Mueller.(Reader, L)
June 21, 2017 Opinion or Order Filing 200 ORDER signed by District Judge Kimberly J. Mueller on 6/19/17 ORDERING that Plaintiff's motions for appointment of counsel filed in Case No. 2:08-cv-0593 KJM DB, ECF Nos. 111, 112, 116, 134, and 137, are DENIED. Plaintiff's motions for appo intment of counsel filed in Case No. 2:10-cv-2139 KJM DB, ECF Nos. 168 , 169 , 178 and 195 , are DENIED. The reference of the above- captioned cases to the assigned magistrate judge is WITHDRAWN until further order of court. Plaintiff's mot ions regarding the authority of the magistrate judge filed in 2:08-cv-0593, ECF Nos. 106, 117 and 124, are DENIED. Plaintiff's motions regarding the authority of the assigned magistrate judge filed in 2:10-2139, ECF Nos. 162 , 173 and 182 , are DENIED. Plaintiff's motions for reconsideration filed in 2:08-cv-0593, ECF Nos. 105 and 119, are DENIED. Plaintiff's motions for reconsideration filed in 2:10-cv-2139, ECF Nos. 161 , 163 and 175 , are DENIED. Plaintiff's motion for medical evaluation filed in 2:08-cv-0593, ECF No. 133, is DENIED. Plaintiff's motion for medical evaluation filed in 2:10-cv-2139, ECF No. 192 , is DENIED. Plaintiff's guardian ad litem, Ronnie Tolliver, is directed to complete and return the attached notice to the court by mail within 21 days from the date of this order. (Kastilahn, A)
May 18, 2017 Opinion or Order Filing 191 ORDER signed by District Judge Kimberly J. Mueller on 5/18/2017 ORDERING the plaintiff's mental health clinicians to file within fourteen (14) days, a report on the current status of the plaintiff's mental health; REFERRING this matter to S ujean Park, Pro Bono Coordinator for the Eastern District of California, to confirm arrangements with a medical expert who shall be appointed to conduct an independent medical examination of the plaintiff and to report the findings of said examination to the Court; ORDERING the defendants to notify the Court at least thirty (30) days in advance of any planned or emergency change in the plaintiff's housing. (cc: VDRP) (Michel, G.)
October 31, 2016 Opinion or Order Filing 185 ANSWER signed by District Judge Kimberly J. Mueller on 10/31/2016 in RESPONSE to 180 USCA Order. (cc USCA) (Donati, J)
September 1, 2016 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Deborah Barnes on 09/01/16 striking motions to Appoint Counsel 158 , 159 . (Plummer, M)
August 29, 2016 Opinion or Order Filing 157 ORDER signed by Magistrate Judge Deborah Barnes on 8/29/16 ORDERING that plaintiff's motions (case no. 08-cv-593, ECF No. 97; case no. 10-cv-2139, ECF No. 153 ) are STRICKEN. Plaintiff is again cautioned that further violations of this court's orders will result in a recommendation that these actions be dismissed.(Dillon, M)
July 14, 2016 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ORDERING that plaintiffs motions (case no. 08cv593, ECF Nos. 90, 91; case no. 10cv2139, ECF Nos. 146 , 147 ) are STRICKEN. Plaintiff is cautioned that further violations of this courts orders will result in a recommendation that these actions be dismissed.(Dillon, M)
July 7, 2016 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2016 ORDERING that guardian ad litem Tolliver is advised that he must comply with court orders and that failure to do so may result in a recommendation that this action be dismissed. Under Fe d.R.Civ.P. 706, the court intends to appoint an expert witness to assist the court in evaluating whether plaintiff has been restored to competency: (a) No later than 7/22/2016, the parties shall SHOW CAUSE why such an expert should not be appointed; (b) No later than 7/29/2016, the parties may submit nominations for such expert; (c) No later than 8/5/2016, the custodian of records for the facility where plaintiff is currently incarcerated shall submit to the court, UNDER SEAL, plaintiff's complete medical record maintained by the CDCR, including records of psychiatric treatment. Defense counsel Ullrich shall serve a copy of this order on the custodian of records and shall facilitate delivery of the records to the court. Plainti ff may not file documents on his own behalf. Plaintiff, through his guardian ad litem, may only file the following documents: (a) Response to the order to show cause set forth above and nomination of court appointed expert; (b) One opposi tion to any motion filed by defendants (and clearly titled as such); (c) Only one motion pending at any time. Plaintiff, through his guardian ad litem, is limited to one memorandum of points and authorities in support of the motion and one repl y to any opposition; and (d) One set of objections to any findings and recommendations. The motions currently pending (ECF Nos. 129 131 132 140 141 ) were improperly filed by the incompetent plaintiff and are accordingly STRICKEN. (Yin, K)
June 28, 2016 Opinion or Order Filing 138 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/16 ORDERING that defense counsel Ullrich shall be prepared to discuss the logistics of obtaining a mental health evaluation from plaintiff's current treating psychiatrist addressin g plaintiffs competency; and Guardian ad litem Ronnie Tolliver is directed to personally appear at the hearing. In the alternative, if appearing at the hearing would present a personal hardship, GAL Tolliver may appear by telephone. Arrangements to appear by telephone must be made by contacting the courtroom deputy, Kyle Owen, at (916) 930-4004. (Dillon, M)
June 2, 2016 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/02/16 ordering that plaintiffs pro se motions 107 , 113 , 116 , 117 , 118 , 119 are denied without prejudice to renewal.(Plummer, M)
March 14, 2016 Opinion or Order Filing 104 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/14/16 ordering Brian M. Pomerantz is appointed as counsel for plaintiff in the above entitled matters. Mr. Pomerantz shall submit his pro hac vice application to practice in this court forthw ith. Plaintiff's emergency motion for injunctive relief in case 2:08-cv-0593 KJM CKD (TEMP) 46 is denied without prejudice to refilling, as appropriate by counsel. All pending motions in case no. 2:10-cv-2139 KJM CKD (TEMP) 94 , 97 , 99 a nd 100 are denied without prejudice to refilling as appropriate by counsel. The pretrial scheduling order dates in case 2:10-cv-2139 KJM CKD (TEMP) 87 are vacated. Within 30 days of the date of this order, counsel for all parties are directed to meet and confer on agreeable dates for a status conference in these matter and contact Courtroom Deputy Kyle Owen by telephone (916) 930-4004 or via email kowen@caed.uscourts.gov for the court's availability. A status conference shall take place in these matters within 120 days. The clerk of the court is directed to serve a copy of this order upon Brian M. Pomerantz, 6351 Owensmouth Avenue, Suite 203, Woodland Hills, CA 91367.. (Plummer, M)
March 23, 2015 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Dale A. Drozd on 3/21/15 ordering ( Status (Pretrial Scheduling) Conference set for 4/10/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.)(See order for further details). (Plummer, M)
February 10, 2015 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Dale A. Drozd on 02/09/15 denying 80 Motion to Amend. Within 30 days of the date of this order, the parties are directed to meet and confer on a date for a status conference and contact Pete Buzo, the court deputy of the undersigned magistrate judge, a pbuzo@caed.uscourts.gov, with an agreeable date. (Plummer, M)
November 12, 2014 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/14 ORDERING that Benjamin A. Williams is appointed as counsel for plaintiff in the above entitled matters. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Benjamin A. Williams, Jesse Ortiz Law, 980 9th Street, Suite 340, Sacramento, CA 95814.(Dillon, M)
October 30, 2014 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/14 ordering Ronnie Tolliver is appointed Guardian Ad Litem for Kennard Lee Davis in civil action nos. 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P. The clerk of the court is directed to se rve this order and all subsequent orders in 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P on Mr. Ronnie Tolliver electronically at rtolliver@verizon.net and by U.S. Mail at 14603 Grayland Avenue, Norwalk, CA, 90650. The clerk of the court is directed to serve a courtesy copy of this order to Brian Pomerantz at Pomerant@umich.edu. (Plummer, M)
February 22, 2012 Opinion or Order Filing 59 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/21/12 ORDERING plaintiff's 07/26/11 motion for appointment of guardian ad litem and/or appointment of counsel 25 in case CIV-S-08-0593 KJM DAD (PC) is denied . All pending motions in case CIV-S 10-2139 (PC) 28 , 31 , 33 , 37 , 38 , 39 , 43 , 44 , 45 , 46 , 49 , 52 , 54 , 55 , and 56 are denied without prejudice. Also, RECOMMENDING that case CIV-S 08-0593 KJM DAD (PC) be stayed unitl eith er party files a motion to lift the stay accompanied by evidence that plaintiff has been found to be restored to competency. Case CIV-S 10-2139 KJM DAD (PC) be stayed until either party files a motion to lift the stay accompanied by evidence that pla intiff has been found to be restored to competency; and the clerk of the court be directed to administratively close case CIV-S 08-0593 KJM DAD (PC) and case CIV-S 10-2139 KJM DAD (PC). Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
September 7, 2011 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Dale A. Drozd on 9/6/11 DENYING 26 Motion to Appoint Counsel. (Dillon, M)
March 10, 2011 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kennard Lee Davis signed by Magistrate Judge Dale A. Drozd on 3/9/2011. CDC is to collect monthly payments 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 CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Davis v. Walker et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kennard Lee Davis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: James Walker
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Richard Allen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Samuel McAlpine
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?