Graves v. Clinton et al
Peter Graves |
Hillary Random Clinton and James Steinberg |
2:2010cv03156 |
November 22, 2010 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Kendall J. Newman |
Morrison C. England |
Americans with Disabilities - Employment |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/19/2011 RECOMMENDING that Dfts' 59 Motion to Dismiss and Alternative Motion for Summary Judgment be granted. Pltf's claims brought pursuant to the Americans w ith Disabilities Act and his Bivens claims and negligence be dismissed. Pltf's Title VII and Rehabilitation Act claims be dismissed with prejudice as to dft James Steinberg. Dft Hillary Clinton be granted summary judgment as to Pltf's Title VII and Rehabilitation Act claims. Judgment be entered in Dfts' favor, and the Clerk be directed to close this case. Motion referred to Judge Morrison C. England, Jr. Objections to F&R due within 14 days. (Zignago, K.) |
Filing 73 ORDER signed by Magistrate Judge Kendall J. Newman on 9/27/2011 ORDERING that pursuant the court's # 67 order and the court's Local Rules, pltf's "Response to Summary Judgment" # 72 , shall be DISREGARDED and not considered in resolving dfts' pending motion to dismiss and for summary judgment. (Reader, L) |
Filing 70 ORDER signed by Judge Morrison C. England, Jr on 9/8/2011 ORDERING that Plaintiff's 68 Motion is accordingly DENIED. All provisions of the Magistrate Judge's 67 Order remain in effect, including but not limited to the guidelines imposed for opposing (not later than September 15, 2011) Defendants' 59 Motion to Dismiss and/or Motion for Summary Judgment presently set for hearing on September 29, 2011.(Duong, D) |
Filing 67 ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/11 ORDERING Pltfs "'Motion to Definite Stmt in the Context of the Status Report' that involves three dispositive motions and motion to enforce the already status report" [ 64] is DENIED; On or before 9/15/11, pltf shall file only ONE written opposition or stmt of non-opposition to dfts' motion to dismiss and motion for summary judgment. Pltf's failure to file a written opposition, will be deemed grounds for dismissal and pltf's consent to the granting of the motions. Pltf's failure to properly oppose dfts' motions shall constitute grounds for the imposition of appropriate sanctions, including a recommendation that pltf's case be involuntarily dismissed with prejudice. (Becknal, R) |
Filing 62 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 8/9/2011: The court construes plaintiff's response to defendant's request for summary judgment or dismissal 60 as all or part of an opposition to defendant's pending motion to dismiss and for summary judgment 59 . To the extent plaintiff is seeking any affirmative relief, which is entirely unclear, he must file a properly noticed motion. See L.R. 230. (Caspar, M) |
Filing 56 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 6/28/2011 ORDERING that for the reasons stated on the record at the 6/16/2011 hearing on defendants' motion to dismiss, plaintiff's "Motion to reject all Defendant's Motions on the basis of Reference 2 (filed) in Status" 50 is hereby DENIED. (Caspar, M) |
Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 06/17/11 GRANTING the 38 Motion to Dismiss; Complaint is DISMISSED with leave to file amended complaint within 30 days. (Michel, G) |
Filing 41 ORDER signed by Judge Morrison C. England, Jr on 5/3/11 ORDERING that Plaintiff's 36 37 Motions for Reconsideration are DENIED. The Magistrate Judge's 33 April 6 and 35 April 8 Orders are AFFIRMED. No further motions for reconsideration of this Order will be considered. (Duong, D) |
Filing 35 ORDER signed by Magistrate Judge Kendall J. Newman on 4/8/2011 DENYING plaintiff's 32 34 Motions to Add New Discovery Exhibits. Plaintiff directed NOT to file any similarly such Motions in the future unless he can find some substantive and procedural basis for them. (Marciel, M) |
Filing 33 ORDER denying Motions 28 29 30 31 signed by Magistrate Judge Kendall J. Newman on 4/6/2011. (Waggoner, D) |
Filing 17 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2011. Clerk shall compile following documents and make them available to plaintiff: 1 8 Summons, 2 USM-285 forms, and an endorsed copy of Complaint. On or after 2/28/2011, plaintiff may retrieve these documents during regular business hours from Intake Counter in Clerk's Office. (Marciel, M) |
Filing 7 ORDER signed by Magistrate Judge Kendall J. Newman on 2/20/2011 ORDERING that plt's 2 motion to proceed in forma pauperis is GRANTED. Service of plaintiff's complaint is appropriate for the following defendants: Hillary Random Clinton and James Steinberg. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. The Clerk of Court shall send plaintiff two USM-285 forms, one summons, an endorsed copy of the 1 complaint this co urt's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. Plaintiff shall supply the U.S. Marshal, within 30 days from the date this order is filed, all informa tion needed by the U.S. Marshal to effectuate service of process, and shall, within 10 days thereafter, file a statement with the court that such documents have been submitted to the U.S. Marshal. The USM shall serve process within 90 days of receipt of documents. Clerk shall serve a copy of this order on the USM. (cc USM) (Duong, D) |
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