Claiborne v. Blauser et al
| Dennis G. Claiborne |
| Blauser, Martini, Gullion, McBride and Director Of Corrections |
| 2:2010cv02427 |
| September 10, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
201
ORDER signed by District Judge Virginia A. Phillips on 8/30/2016 DENYING Plaintiffs Motion for a new trial; relief from judgment 190 , the Trial Act Motion 200 , and the Transcript Motion 198 . (Reader, L)
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Filing
191
ORDER signed by District Judge Virginia A. Phillips on 11/18/2015 DENYING 189 Motion for Judgment. (Zignago, K.)
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Filing
188
FINAL JUDGMENT dated *10/29/2015* signed by District Judge Virginia A. Phillips on 10/26/15. (Kaminski, H)
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Filing
177
ORDER signed by District Judge Virginia A. Phillips on 10/20/15 ORDERING that 138 DMIL #1 limiting plaintiff's testimony concerning the nature and extent of any alleged injuries is GRANTED IN PART and DENIED IN PART; 138 DMIL #2 limiting pl aintiff's testimony about any claims or defendants that have been dismissed is GRANTED IN PART and DENIED IN PART; 138 DMIL #3 limiting plaintiff's testimony about the defendants' Motion for Partial Summary Judgment is GRANTED; 138 DMIL #4 limiting plaintiff's testimony about the Americans with Disabilities Act (ADA) or any alleged ADA violations is GRANTED; 161 DMIL #5 limiting plaintiff's testimony about the defendants' alleged perjury is GRANTED IN PART and DENIED IN PART;plaintiff's 129 Omnibus Motion is MOOT; plaintiff's 162 Motion to Quash is DENIED and plaintiff's 175 Motion for Judgment is DENIED (Benson, A)
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Filing
173
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Virginia A. Phillips on 9/27/15 ORDERING the Custodian to produce Albert Robinson on 8:30 am on 10/20/15. 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. The 168 Amended Writ is hereby VACATED. (cc: OTCD)(Dillon, M)
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Filing
169
AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Virginia A. Phillips on 9/21/2015 ORDERING the custodian to produce Dennis G. Claiborne #E-91198, to testify in USDC at 8:30 a.m. on 10/20/2015 in courtroom 4 , before Judge Virginia A. Phillips; 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
156
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/15 DENYING 154 Motion for an order for the U.S. Marshal to serve subpoenas.(Dillon, M)
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Filing
152
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/15 ORDERING that the 149 request is granted and the Clerk of Court is directed to provide plaintiff with four blank, signed subpoena forms.(Dillon, M)
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Filing
134
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 02/05/15 ordering the Custodian to produce Tung Van Tran on 3/16/15 at 8:30 a.m. in courtroom 6 before John A. Mendez. 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)(Plummer, M)
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Filing
118
ORDER signed by Judge Lawrence K. Karlton on 4/18/14: IT IS HEREBY ORDERED that, upon reconsideration, the 116 Order is AFFIRMED and the Clerk of the Court shall TERMINATE 117 Motion for Reconsideration. (Meuleman, A)
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Filing
116
ORDER denying 115 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 04/08/14. (Plummer, M)
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Filing
114
PRETRIAL ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/14 ORDERING that Plaintiffs May 24, 2013 request to amend his prayer for relief (ECF No. 86 ) is DENIED as unnecessary. Within 30 days of the date of this order, plaintiff may f ile an amended and comprehensive list of exhibits. Any such list need not be accompanied by the exhibits themselves. Unless otherwise ordered, the parties shall mail copies of their exhibits, schedules, and summaries and other items they anticipa te offering into evidence to all other parties no later than 28 days before trial. Objections to a partys items of evidence sought to be introduced into evidence shall be filed no later than twenty-one days before trial. Motions in limine shall be filed no later than twenty-one days before trial. Trial briefs, proposed jury voir dire and proposed jury instructions shall be filed no later than fourteen days before trial.(Dillon, M)
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Filing
104
ORDER signed by Judge Lawrence K. Karlton on 1/9/2014 AFFIRMING 89 Order denying Motion to Appoint Counsel; DIRECTING the Clerk of Court to terminate 91 Motion to file a supplemental pleading, 92 Motion for Reconsideration. (Michel, G)
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Filing
103
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/8/14 ORDERING that Plaintiffs motion to supplement 88 is denied as moot. Defendants shall file a pretrial statement and a response to plaintiffs motion for judgment as a matter of law 86 within 30 days of the date this order is filed.(Dillon, M)
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Filing
89
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/13 DENYING 85 Motion to Appoint Counsel. (Dillon, M)
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Filing
84
ORDER signed by Magistrate Judge Edmund F. Brennan on 05/13/13 ordering the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements as described below. The confidential statements shall not be served on the opposing party or filed with the court, but instead, delivered by mail, fax, email or personal deliverty to the court's Alternative Dispute Resoltion division. (See order for further details)(cc: ADR Director) (Plummer, M)
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Filing
83
ORDER ADOPTING 80 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 5/9/13 DENYING 59 Motion for Summary Judgment. (Manzer, C)
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Filing
82
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/13 DENYING 81 Motion to Appoint Counsel. (Dillon, M)
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Filing
80
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/4/2013 RECOMMENDING that the 59 motion for summary judgment be denied. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
79
ORDER signed by Judge Lawrence K. Karlton on 3/29/2013 ADOPTING 71 Findings and Recommendations in full and DENYING 55 Motion for Summary Judgment. (Donati, J)
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Filing
71
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/29/12 recommending that plaintiff's 05/21/12 motion for summary judgment 55 be denied. MOTION for SUMMARY JUDGMENT 55 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
69
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/22/2012 DENYING plaintiff's 62 motion. (Yin, K)
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Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 05/22/12 ordering plaintiff's response to defendants' answer 47 is disregarded. Plaintiff's requests for the appointment of counsel 48 , 49 are denied. Plaintiff's pretr ial statement 51 is disregarded. Plaintiff's requests for the attendance of witnesses at trial 52 , 53 are denied. Defendants' request for an extension of time to respond to plaintiff's discovery requests 50 is granted. (Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/12 denying 41 Motion to disqualify the Attorney General. (Dillon, M)
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Filing
38
ORDER signed by Judge Lawrence K. Karlton on 12/12/2011 DENYING plaintiff's 32 Motion for Reconsideration of 29 Order Adopting Findings and Recommendations. (Marciel, M)
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Filing
33
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/2011 ORDERING that pltf's 30 request to name additional dfts, construed as a motion to amend his cmplt, is DENIED as unnecessary. (Yin, K)
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Filing
29
ORDER signed by Judge Lawrence K. Karlton on 9/29/2011 ORDERING that the 22 findings and recommendations filed August 31, 2011, are ADOPTED in full. Plaintiff's 27 September 26, 2011 request for an extension of time is DENIED as moot. Plai ntiff's 20 July 14, 2011 motions to appoint counsel and for removal from state custody to federal are DENIED. The motion to appoint counsel is DENIED for the reasons stated in the findings and recommendations. The motion for removal is DENIED for the reasons stated in the findings and recommendations regarding the request for a preliminary injunction. Plaintiff's 2 21 motions for temporary restraining order and for preliminary injunction are DENIED.(Duong, D)
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Filing
23
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/11 re: 17 MOTION to PROCEED IN FORMA PAUPERIS filed by Dennis G. Claiborne ORDERING plaintiff to pay the $350 filing fee required by 28 U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of (a) the average monthly deposits to plaintiffs trust account; or (b) the average monthly balance in plaintiffs account for the six-month period immediately preceding the filing of the complai nt. Thereafter, plaintiff must make monthly payments of 20 percent of the preceding months income credited to his trust account. 28 U.S.C. § 1915(b)(2). The agency having custody of plaintiff is required to forward to the Clerk of the Courtthe initial partial filing fee, if funds exist, as well as payments from plaintiffs account each time the amount in the account exceeds $10, until the filing fee is paid. The Clerk of the Court shall serve a copy of this order and a copy of plaintiffs in forma pauperis application upon the Director of the California Department of Corrections and Rehabilitation and deliver a copy of this order to the Clerks financial division. (cc: CDCR, IT). (Meuleman, A)
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Filing
16
ORDER signed by Senior Judge Lawrence K. Karlton on 6/24/11, DECLINING to adopt 13 the magistrate judge's Findings and Recommenations. The magistrate judge shall resume consideration of plaintiff's application to proceed in forma pauperis consistently with this order. (Kastilahn, A) (Main Document 16 replaced on 6/27/2011) (Manzer, C).
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Filing
13
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 04/15/11 RECOMMENDING that the 8 Motion to Proceed In Forma Pauperis be denied and that the $350 filing fee be paid w/i 30 days; Objections to these F&Rs due w/i 14 days; referred to Judge Lawrence K. Karlton. (Benson, A.)
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Filing
4
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/16/10 ordering plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by section 1915(a). The clerk of the court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. (Plummer, M)
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