Jones v. Toft et al
| Anthony Jones |
| Blum and Toft |
| 2:2011cv00192 |
| January 21, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Edmund F. Brennan |
| Morrison C. England |
| 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
170
ORDER signed by Chief Judge Morrison C. England, Jr. on 5/13/2014 ORDERING 165 that that the order entered on 3/26/2014, adopting in full the findings and recommendations, granting defendants' motions for summary judgment and entering judgment in their favor is CONFIRMED. (Reader, L)
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Filing
164
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/4/2014 ORDERING plaintiff's 148 Motion to Compel is DENIED; RECOMMENDING Plaintiffs 147 153 discovery-related motions be denied; Defendants 151 152 motions for summary judgment be granted; and Judgment be entered in favor of defendants. Any party may file objections to these finds and recommendations within 14 days after service. Failure to file objections within the specified time may waive the right to appeal the District Court's order.(Waggoner, D)
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Filing
157
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/19/13 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
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Filing
156
ORDER signed by Chief Judge Morrison C. England, Jr. on 8/5/2013 ADOPTING, in full, 146 Findings and Recommendations; DENYING 135 , 139 Motions for Injunctive Relief; DIRECTING the Clerk of Court to send a copy of 142 Expert Report to the plaintiff; DENYING 149 Objections to the Magistrate Judge's Findings and Recommendations construed as a Request for Reconsideration. (Michel, G)
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Filing
146
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/14/2013 DENYING plaintiff's 140 request to disqualify the court-appointed neutral expert; and defendants may renew their motions for summary judgment within 30 days; and RECOMMENDING that plaintiff's 135 , 139 motions for injuctive relief be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days.(Yin, K)
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Filing
136
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/19/13 ORDERING that the Clerk of Court is directed to mail one compact disc and one declaration from the custodian of records to plaintiff at his address of record and to Dr. Fee at 3705 Brandy Rock Way, Redwood City, CA, 94061.(Dillon, M)
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Filing
132
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/11/2013 ORDERING 130 Motion to record Dr. Fee's activities in discharging his duties as court-appointed expert, for a second expert, and for counsel to assist plaintiff "in connection with the duties this Court asked of the expert" are DENIED; Plaintiff requested a copy of Dr. Fee's curriculum vitae; Plaintiff has already been provided with that information by defendants. (Waggoner, D)
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Filing
129
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/13 ORDERING that the court sees no cause to remove Dr. Fee and appoint a different expert. However, the court will allow the parties 10 days from the date of this order to submit any obje ctions they may have to Dr. Fees continued appointment based on his teaching at Stanford University where defendant Toft trained. Additionally, the court has scheduled Dr. Fees examination of plaintiff for Friday, April 12, 2013. Dckt. No. 123 . Defendant Toft requests that his counsel be allowed to be present at the exam. Dckt. No. 126 . Plaintiff shall have 10 days from the date of this order to file any opposition to defendant Tofts request.(Dillon, M)
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Filing
128
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/22/2013 ORDERING plaintiff to inform the court within 7 days whether he has received the documents and images subpoenaed from DRI Scripps and Mercy San Juan Medical Center.(Yin, K)
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Filing
123
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 02/25/13 ordering the custodian to produce Anthony Jones at 04/12/13 at 12:00 p.m in courtroom 8 before Magistrate Judge Edmund F. Brennan. Custo dian is orderd 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. Clerk shall also serve a courtesy copy of this order on Dr. Willard E. Fee, Jr., Stanford Hospital Otolaryngology, 875 Blake Wilbur Dr. Clinic B, Stanford, CA 94305-5820. (cc: OTCD)(Plummer, M)
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Filing
122
ORDER APPOINTING EXPERT signed by Magistrate Judge Edmund F. Brennan on 2/21/13 ORDERING that the court appoints Dr. Willard Fee as a neutral expert to assist the court; Per the 105 order, the court apportions the cost of the expert to defendants to be split equally between them; The Clerk of the Court shall send copies of the filings appearing at Docket Nos. 47 - 53 , 57 , 70 , 71 , 75 - 77 , 79 , 80 , 83 , 95 - 100 , and 105 to Dr. Fee; Dr. Fee shall review those records, p erform an examination of plaintiff at a time to be determined; and within 45 days thereafter submit a written report to the court. Dr. Fee shall send the report to the undersigned at the United States District Court, Eastern District of California, Chambers of Magistrate Judge Edmund F. Brennan. Dr. Fee shall submit the bill for his services directly to defendants.(Dillon, M)
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Filing
114
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/13 ORDERING that the Clerk of the Court is directed to forward the attached subpoenas to the United States Marshal, who is directed to serve such subpoenas without prepayment of costs.(Dillon, M)
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Filing
105
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/12 ordering plaintiff's 08/15/12 motion for an expert medical witness 82 is denied in part and granted in part. Plaintiff's request for an expert witness to act on his behalf is denied. Plaintiff's request for a neutral medical expert under Federal Rule of Evidence 706 is granted. Within 21 days of the date of this order, the parties shall each submit to the court 3 nominees of otolaryngologic surgeons to potentially act as a neutral expert in this case. The court will select an individual from these lists to act as a neutral expert as provided in this order. Defendants shall pay the costs of the expert, split equally between them. Plaintiff's 11/14/12 m otion for neutral ammunition and radiology experts 104 is denied. Defendants' motions for summary judgment 95 and 96 are denied without prejudice pending receipt of the neutral expert's report, at which time defendants may renew the motions. Plaintiff's motion for an extension of time 102 is denied as moot. Plaintiff's motion for subpoenas, construed as a request for forms to complete and return for service of subpoenas on Mercy San Juan Medical Center, Mule Creek State Prison, Diagnostice Radiological Imaging Dri Scripps, and the Sacramento Sheriff's Department for copies of x-ray images, photographs, and CT scan visuals on his behalf 102 , 103 is granted. The clerk is directed to send plaintiff 4 blank subpoena forms. Within 21 days from the date of this order, plaintiff shall complete the attached Notice of Submission of Dcouments form and shall return the completed subpoena forms to the court for service by the U.S. Marshal. (Plummer, M)
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Filing
91
ORDER adopting 83 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 9/25/12: Defendant Blum's motion for summary judgment 47 and Defendant Toft's motion for summary judgment 57 are DENIED WITHOUT PREJUDICE to the filing of new summary judgment motions as provided in the magistrate judge's findings and recommendations within 30 days of this order. (Kaminski, H)
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Filing
83
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/4/2012 recommending that 47 Motion for Summary Judgment filed by Blum and 57 Motion for Summary Judgment filed by Toft be denied withouth prejudice to filing a n ew summary judgment motion as provided herein within 30 days of any order adopitng these findings and recommendations. Matter referred to Judge Morrison C. England, Jr. Any party may file Objections to F&R within 14 days after being served. (Waggoner, D)
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Filing
74
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/23/2012 DENYING plaintiff's 73 request for appointment of counsel. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Edmund F. Brennan on 03/14/12 ordering that within 21 days of the date of this order, plaintiff shall either file an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)
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Filing
64
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/12 DENYING 62 Motion for appointment of an expert witness. (Dillon, M)
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Filing
63
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/12 GRANTING 59 & 61 Motions for Extension of Time. Plaintiff has 30 days from the date of this order to file and serve an opposition to the motion for summary judgment.(Donati, J)
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Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/2012 ORDERING that plaintiff's [38 amended complaint, construed as a motion for leave to file an amended complaint, is GRANTED; plaintiff's duplicate 42 first amended complaint is STRICKEN; defendant Blum's 29 motion to dismiss is DENIED as moot; defendant Toft's 53 motion for summary judgment is DENIED as moot, without prejudice; the dispositive motion deadline is EXTENDED to within 14 days of service of this order; defendant Blum's 47 motion for summary judgment is DEEMED TIMELY filed; and defendants shall file and serve their responsive pleadings to the amended complaint within 14 days. (Yin, K)
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Filing
36
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/12/11 DENYING 34 Motion to Appoint Counsel. (Manzer, C)
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Filing
28
ORDER signed by Judge Morrison C. England, Jr on 5/27/11 ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full. Plaintiff's equal protection claims against defendants Toft and Blum are DISMISSED without prejudice. (Meuleman, A)
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Filing
17
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/14/11 Recommending that Plaintiff's equal protection claims against defendants Toft and Walker be dismissed without prejudice re 1 Prisoner Civil Rights Complaint. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. 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)
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Filing
11
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 3/8/11 ORDERING the director of the CDC to collect and thereafter, forward payment from the prison trust account of Anthony Jones to the clerk until the balance of $ ;350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
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Filing
4
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/31/11 ORDERING that plaintiff has 30 days from the date this order is served to submit the required trust account statement. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner. (Dillon, M)
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