Jones v. Cannedy et al
Plaintiff: Sherman Jones
Defendant: C. Cannedy, J. Hansen, J.W. Baker and Tim V. Virga
Case Number: 2:2010cv02174
Filed: August 13, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 21, 2014 Opinion or Order Filing 70 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/14 ORDERING that this action is DISMISSED with prejudice. CASE CLOSED. (Dillon, M)
November 1, 2013 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/2013 VACATING all pending dates in this action; and the parties shall file their dispositional documents and/or a stipulated request for dismissal of this action within 180 days. (Yin, K)
September 20, 2013 Opinion or Order Filing 66 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/2013 and agreed between the parties to EXTEND the dispositive motions deadline to 11/1/2013. (Yin, K)
August 23, 2013 Opinion or Order Filing 64 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2013 and agreed between the parties to EXTEND the dispositive motion deadline to 9/23/2013. (Yin, K)
July 9, 2013 Opinion or Order Filing 61 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 7/8/2013 and agreed between the parties to EXTEND the dispositive motion deadline; in addition the parties are INFORMED that they may, either before or after the expiration of the extended dispositive motion deadline of 8/23/2013, jointly request a settlement conference in this action, to be conducted by a Magistrate Judge pursuant to the appropriate waivers of disqualification. (Yin, K)
April 17, 2013 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/13 ORDERING that the dispositive motion deadline in this case shall be extended 75 days to July 10, 2013. Plaintiff shall be allowed to depose the Person Most Knowledgeable of the policy , practice or custom in place from January 19, 2010, through the summer of 2010 on B Facility at CSP Sacramento that subjected African- American inmates to a modified program. The time and date for this deposition shall be coordinated through counsel and subject to the mutual availability of the parties and/or deponent. All other dates in the Discovery and Scheduling Order will remain the same.(Dillon, M)
March 19, 2013 Opinion or Order Filing 57 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 03/18/13 ordering plaintiff shall be allowed to depose the person most knowledgeable of the policy, practice or custom in place from 01/19/10, through the summer of 2010 on B Faci lity at CSP-Sacramento that subjected African-American inmates to a modified program. The time and date for this deposition shall be coordinated through counsel and subject to the mutual availability of the parties and/or deponent. Defendants shall be allowed to take the deposition of plaintiff on 03/19/13. All other dates in the discovery and scheduling order will remain the same. (Plummer, M)
September 25, 2012 Opinion or Order Filing 53 ORDER signed by Judge Kimberly J. Mueller on 9/24/12 ORDERING that the findings and recommendations filed 8/8/12, are adopted in full; Defendants' motion to dismiss 44 is granted in part and denied in part; Defendants Holstrom, Foston, Canne dy, Hansen, and Baker, are dismissed from this action; Plaintiff's due process and conspiracy claims are dismissed; Defendants' qualified immunity defenses to plaintiff's Equal Protection and Eighth Amendment claims are denied; This action will proceed on plaintiff's Equal Protection and Eighth Amendment claims against defendants Virga, Lizarraga, and Mini. (Becknal, R)
August 8, 2012 Opinion or Order Filing 52 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/07/12 recommending that defendants' motion to dismiss 44 be granted in part and denied in part. Defendants Holstrom, Foston, Cannedy, Hansen and Baker be dismisse d from this action. Plaintiff's due process and conspiracy claims should be dismissed. Defendants' qualified immunity defenses to plaintiff's Equal Protection and Eighth Amendment claims should be denied. This action proceed on plaintiff's Equal Protection and Eighth Amendment claims against defendants Virga, Lizzaraga and Mini. MOTION to DISMISS 44 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
December 30, 2011 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/11 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Dillon, M)
July 29, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/2011. The 7/13/2011 28 Order to Show Cause is DISCHARGED. Plaintiff's 23 27 Requests for Leave to file First Amended Complaint are GRANTED. The 22 First Amended Complaint is now the operative pleading. Mr. Jones shall, w/in 30 days after filing date of Order, file attached "Notice" indicating whether he intends to proceed on First Amended Complaint or on Second Amended Complaint. Should he intend to file Second Amended, the Complaint must be attached to completed "Notice". Defendants' 18 Motion to Dismiss is TERMINATED without prejudice. (Marciel, M)
July 13, 2011 Opinion or Order Filing 28 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/13/2011 ORDERING that within fourteen (14) days after the filing date of this order, defendants shall demonstrate good cause for their failure to timely file a reply to plaintiff's opposition to defendants' motion to dismiss, and a response to plaintiff's request for leave to file a First Amended Complaint; and file such reply and response. (Duong, D)
March 17, 2011 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/11 ORDERING that, w/i 7 days, dfts shall re-serve on plf their 18 Motion to Dismiss and w/i 3 days thereafter file a certificate of such service with the court. Plf shall, by 04/08/11, file his opposition to the Motion and include his reasons for seeking leave to file his proposed First Amended Complaint; by 04/29/11, dfts shall reply to plf's Opposition and Request for Leave to Amend. (Benson, A.)
February 25, 2011 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/11 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion to dismiss.(Dillon, M)
October 19, 2010 Opinion or Order Filing 14 ORDER signed by Judge Morrison C. England, Jr. on 10/29/2010 FINDINGS AND RECOMMENDATIONS 7 are ADOPTED in FULL; and pltf's 3 motion for a preliminary injunction is DENIED without prejudice. (Reader, L)
September 8, 2010 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Sherman Jones signed by Magistrate Judge Kendall J. Newman on 09/07/10. 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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Plaintiff: Sherman Jones
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Defendant: C. Cannedy
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Defendant: J. Hansen
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Defendant: J.W. Baker
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Defendant: Tim V. Virga
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