Roberts v. Brown, et al
| Paul Roberts |
| J Brown, Director, Calif Dept of Corrections, Director, Division of Correctional Health Care Services, M.D. McDonald, D. Swingle, R. Miranda, S. Clark, J. Reynolds, S Moore and Beven |
| 2:2011cv00474 |
| February 22, 2011 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Dale A. Drozd |
| Frank C. Damrell |
| 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
103
ORDER signed by Chief Judge Morrison C. England, Jr on 7/8/15 DENYING 97 and 99 Motions to Reopen Case to Enforce Payment of Setlement Agreements. (Meuleman, A)
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Filing
100
ORDER signed by Chief Judge Morrison C. England, Jr., on 5/13/15 ORDERING Defendants to file a response to Plaintiff's allegation that they have not paid the remaining $4,892.50 owed to Plaintiff under the settlement agreement. Defendants' response is due ten (10) days from the date this order is electronically filed. (Kastilahn, A)
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Filing
95
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 09/05/14 ordering this action is dismissed with prejudice pursuant to FRCP 41(a). CASE CLOSED. (Plummer, M)
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Filing
93
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 08/28/14 ordering J. Reynolds, D. Swingle, S. Clark and R. Miranda are dismissed from theis action with prejudice.(Plummer, M)
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Filing
88
AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 7/18/2014 ORDERING the custodian to produce Paul Roberts, #F-59111, to appear by teleohone at CIM on 8/20/2014 at 9:00 A.M. before Magistrate Judge Kendall J. Newman; 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. (cc: IT-Sacramento, KJN)(Yin, K)
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Filing
86
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 7/1/2014 ORDERING the custodian to produce Paul Roberts #F-59111, to testify by telephonic-conferencing before Magistrate Judge Gregory G. Hollows at 9:00 A.M. on 8/20/2014 at Calfifornia Instituion for Men; 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 CIM Warden. (cc: IT, GGH) (Yin, K)
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Filing
81
ORDER signed by Magistrate Judge Dale A. Drozd on 6/11/14 ORDERING that 80 Motion to modify the scheduling order; Defendants shall file their motion for summary judgment as well as their opposition to plaintiffs motion for summary judgment on or before June 24, 2014; and except as otherwise provided in this order, the courts discovery and scheduling order issued September 23, 2013, remains in effect.(Dillon, M)
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Filing
79
ORDER signed by Magistrate Judge Dale A. Drozd on 05/06/14 granting 78 Motion to modify the scheduling order. Defendants shall file their motion for summary judgment as well as their opposition to plaintiff's motion for summary judgment on or before 6/04/14. Except as otherwise provided in this order, the court's discovery and scheduling order issued 09/23/13 remains in effect. (Plummer, M)
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Filing
73
ORDER signed by Magistrate Judge Dale A. Drozd on 03/25/14 granting 71 Motion to modify the scheduling order. The parties shall file all pretrial motions, except motions to compel discovery, on or before 05/04/14. Except as otherwise provided in this order, the court's discovery and scheduling order issued 09/23/13, remains in effect. (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Dale A. Drozd on 3/20/2014 DENYING plaintiff's 69 motion for appoint of counsel. (Yin, K)
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Filing
67
ORDER denying 57 Motion for a court order signed by Magistrate Judge Dale A. Drozd on 11/07/13. (Plummer, M)
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Filing
63
ORDER signed by Magistrate Judge Dale A. Drozd on 8/29/2013 GRANTING plaintiff's 62 motion to dismiss defendant Moore without prejudice; and defendant Moore is DISMISSED from this action without prejudice. (Yin, K)
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Filing
61
ORDER signed by Chief Judge Morrison C. England, Jr on 8/12/13 ADOPTING IN FULL 58 Findings and Recommendations; Defendants' 35 Motion to Dismiss for failure to exhaust administrative remedies is DENIED; Defendants' 35 Motion to Dismi ss for failure to state a claim is GRANTED IN PART and DENIED IN PART as follows: a. Defendants' motion to dismiss plaintiff's claims brought pursuant to § 1983 against defendants in their official capacity is GRANTED; b. Defendants� 39; motion to dismiss plaintiff's requests for injunctive relief as moot is GRANTED; and c. Defendants' motion to dismiss plaintiff's claims against defendant Dr. Swingle as based on a vicarious liability theory is DENIED. Defendants ' 35 motion to dismiss based on the affirmative defense of qualified immunity is DENIED; Defendants' 35 motion to dismiss plaintiff's requests for injunctive relief under the ADA is GRANTED; Plaintiff's 43 motion for preliminary injunctive relief is DENIED; and Defendants are DIRECTED to file an answer in response to plaintiff's Eighth Amendment and ADA claims within 30 days of any order adopting these findings and recommendations. (Meuleman, A)
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Filing
58
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/26/13 ORDERING plaintiff's motion for automatice extension of time 51 is denied. Also, RECOMMENDING that defendants motion to dismiss for failure to exhaust administrative remedies 35 be denied. Defendants' motion to dismiss for failure to state a claim 35 be granted in part and denied in part as follows: a. Defendants motion to dismiss plaintiff's claims pursuant to section 1983 against d efendants in their official capacity be granted. b. Defendants motion to dismiss plaintiff's requests for injunctive relief as moot be granted. c. Defendants' motion to dismiss plaintiff's claims against Dr. Swingle as based on vicar ious liability theory be denied. Defendants' motion to dismiss based on the affirmative defense of qualified immunity 35 be denied. Defendants' motion to dismiss plaintiff's requests for injunctive relief under the ADA 35 be grante d. Plaintiff's motion for preliminary injunctive relief 43 be denied. Defendants be directed to file an answer in response to plaintiff's 8th amendment and ADA claims within 30 days of the date of any order adopting these findings and recommendations. Motions 35 , 43 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
53
ORDER signed by Magistrate Judge Dale A. Drozd on 04/29/13 ordering the clerk of the court shall send to plaintiff 1 USM-285 form, instruction sheet, and a copy of the amended complaint 19 . Within 30 days from the date of this order plaintiff sha ll complete the attached notice of submission of documents and submit it along with 1 completed USM-285 form for defendant Moore, 2 copies of the amended complaint and summons form. Alternatively, plaintiff may file a motion to voluntarily dismiss defendant Moore from this action. (Plummer, M)
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Filing
16
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 8/11/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Paul Roberts 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
13
ORDER signed by Magistrate Judge Dale A. Drozd on 7/19/11 GRANTING 12 Motion for Extension of Time; and Plaintiff is GRANTED 30 days from the date of service of this Order in which to file an application to proceed in forma pauperis. (Meuleman, A)
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Filing
11
ORDER signed by Magistrate Judge Dale A. Drozd on 7/5/11: Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. (Kaminski, H)
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