Penton v. Hubard et al
| Anthony Penton |
| S. Hubard, K. Pool, J. Walker, T. Virga, P. Craig, G. Salas, L. Johnson, B. Donahoo, Marrow, J. R. Bradford, I. O'Brian and R. Gaddi |
| 2:2011cv00518 |
| February 24, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Monterey |
| Kendall J. Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
391
ORDER signed by District Judge Daniel J. Calabretta on 11/29/2023 VACATING 378 that the hearing set for 1/18/2024 on Plaintiff's Motion for Attorneys' Fees and Costs. Defendant's Opposition due 14 days after the Court's ruling on Defendant's Rule 50 and Rule 59 Motions. Plaintiff's Reply is due in accordance with Local Rule 230(d). (Reader, L)
|
|
Filing
384
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/7/2023 EXTENDING DEADLINES and RESETTING the Rule 50 Motion Hearing to 1/18/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Clemente Licea, O)
|
|
Filing
380
STIPULATION and ORDER TO EXTEND DEADLINES signed by District Judge Daniel J. Calabretta on 10/26/2023. (Mena-Sanchez, L)
|
|
Filing
377
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 10/18/23 GRANTING 375 Stipulation and DIRECTING Plaintiff to submit his motion for attorneys' fees and bill of costs on or before 10/20/2023. (Licea Chavez, V)
|
|
Filing
374
ORDER signed by District Judge Daniel J. Calabretta on 10/02/23 GRANTING 373 Stipulation and DIRECTING Plaintiff to submit his bill of costs on or before 10/18/2023. (Licea Chavez, V)
|
|
Filing
349
ORDER signed by District Judge Daniel J. Calabretta on 9/13/2023 GRANTING 327 Request to Seal. (Reader, L)
|
|
Filing
347
ORDER signed by District Judge Daniel J. Calabretta on 9/12/2023 GRANTING 335 Request to Seal. (Reader, L)
|
|
Filing
304
ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/2023 ADVANCING 303 Final Pretrial Conference to 5/4/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(Reader, L)
|
|
Filing
303
ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/2023 DENYING 296 Motion to modify the scheduling order; GRANTING 300 Motion to continue the trial date; VACATING the final pretrial conference set for 6/15/2023; CONINTUING the Jury Trial to 9/18/2023 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; and SETTING the Final Pretrial Conference to 9/7/2023 at 02:00 PM. (Perdue, C.)
|
|
Filing
294
ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/22 GRANTING 293 Joint Stipulation. Plaintiff's Pretrial Statement due by 1/16/23. Defendant's Pretrial Statement due by 2/15/23. (Woodworth, M.)
|
|
Filing
291
ORDER signed by District Judge Troy L. Nunley on 10/31/2022 ADOPTING 288 Findings and Recommendations in full. Plaintiff's 283 Motion to Certify Defendant's Appeal as Frivolous is GRANTED. Defendant's 279 interlocutory appeal i s certified as frivolous. The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, referencing Case No. 22-15665. This matter is REMANDED to the assigned magistrate judge for further scheduling. (cc: USCA, No. 22-15665) (Zignago, K.)
|
|
Filing
288
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/13/22 RECOMMENDING that plaintiff's motion to certify defendant's appeal as frivolous 283 be granted. Defendant's interlocutory appeal 279 be certifie d as frivolous. The clerk of the court be directed to serve a copy of this order on the U.S. Court of Appeals for the Ninth Circuit, referencing case no. 22-15665. This matter be remanded to the undersigned for further scheduling. Referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
|
|
Filing
278
ORDER signed by District Judge Troy L. Nunley on 3/29/22 ADOPTING in full 256 Findings and Recommendations. The Cross-Motions for Summary Judgment (ECF No. 222 , 224 ) are GRANTED in part and DENIED in part, as follows: A. Defendant Johnson� 39;s Motion for Summary Judgment (ECF No. 224 ) on the issue of exhaustion of administrative remedies is GRANTED as to the 8/5/2008 screened out appeal, but DENIED as to appeal log no. 07-02453; B. Plaintiff's Motion for Partial Summary Judgm ent as to Defendant Johnson (ECF No. 222 ) is DENIED; and C. Defendant Johnson's Motion for Summary Judgment and/or Partial Summary Adjudication (ECF No. 224 ) on the merits is DENIED, and his Motion for Qualified Immunity is DENIED without prejudice to renewal at trial. (Kastilahn, A)
|
|
Filing
271
ORDER signed by District Judge Troy L. Nunley on 3/21/22 AFFIRMING 257 the order of the magistrate judge filed 2/10/22. (Kastilahn, A)
|
|
Filing
262
ORDER signed by Magistrate Judge Kendall J. Newman on 3/2/2022 GRANTING plaintiff's 261 request to seal. The Clerk shall file under seal the following three documents: Plaintiff Anthony Penton's Request for Reconsideration by the District Court of Magistrate Judge's Ruling, the Declaration of Justin J. Calderon re Sealing, and the Declaration of Justin J. Calderon re Exhibits. Such documents shall remain UNDER SEAL until further order of the Court. (Yin, K)
|
|
Filing
258
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/16/2022 RECOMMENDING plaintiff's 226 renewed motion for default judgment be denied without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
|
|
Filing
256
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/10/2022 GRANTING the requests for judicial notice, ECF Nos. 222 - 3 & 224 - 11, and DENYING defendant Johnson's request to strike, ECF No. 233 - 3. IT I S RECOMMENDED that the cross-motions for summary judgment be granted in part and denied in part, as follows: 1. Defendant Johnson's 224 motion for summary judgment on the issue of exhaustion of administrative remedies be granted as to the 8/5/2008 screened out appeal, but denied as to appeal log no. 07-02453; 2. Plaintiff's 222 motion for partial summary judgment as to defendant Johnson be denied; and 3. Defendant Johnson's 224 motion for summary judgment and/or partial summary adjudication on the merits be denied, and his motion for qualified immunity be denied without prejudice to renewal at trial. Referred to Judge Troy L. Nunley; Objections to F&R due within 30 days. (Yin, K)
|
|
Filing
254
ORDER signed by District Judge Troy L. Nunley on 9/30/2021 ADOPTING 251 Findings and Recommendations in full, GRANTING IN PART AND DENYING IN PART 220 Motion for Summary Judgment as described in the order. (Coll, A)
|
|
Filing
251
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/11/21 GRANTING 220 -3 defendants' request for judicial notice. Also, RECOMMENDING that the motion for summary judgment 220 filed by defendants Bradford, Donahoo, Gaddi, Lynch, Morrow, Salas, Virga and Walker be granted in part and denied in part. Motion 220 referred to Judge Troy L. Nunley. Objections due within 30 days.(Plummer, M)
|
|
Filing
244
ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2021 GRANTING defendant Johnson's 232 request to seal documents. The Clerk shall keep the unredacted versions of the following papers supporting Mr. Johnson's Memorandum of Po ints and Authorities in Opposition to Plaintiff's Motion for Summary Judgment under seal until further Court order: (1) Defendant Johnson's Memorandum of Points and Authorities; (2) Defendant Johnson's Response to Plaintiff's Undisputed Material Facts; and (3) Exhibit R to the Morey MSJ Declaration, already under seal. (Yin, K)
|
|
Filing
229
ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/20 GRANTING 228 Plaintiff's Motion. Plaintiff Anthony Penton is allowed up to 40 pages for his opposition to the Motion for Summary Judgment filed by Defendants Donahoo, Salas, Walker, Bradford, Lynch, Virga, Morrow, and Gaddi in this action on June 10, 2020 220 . (Plummer, M)
|
|
Filing
216
ORDER signed by Magistrate Judge Kendall J. Newman on 5/01/20 GRANTING 213 Motion to exceed page limitation. Defendants Donahoo, Salas, Walker, Bradford, Lynch, Virga, Morrow and Gaddi are allowed up to forty pages for their memorandum of points and authorities in support of their motion for summary judgment. (Plummer, M)
|
|
Filing
209
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/17/20 ORDERING defendants shall file their Motion to Modify the Scheduling Order within 24 hours after the court serves its order on this stipulation. Plaintiff shall file his Opposition to Defendants Motion to Modify the Scheduling Order within 7 days from the date that Defendants file their motion. There will be no reply; the matter will be deemed submitted upon filing of the opposition. (Plummer, M)
|
|
Filing
207
ORDER signed by District Judge Troy L. Nunley on 4/10/2020 ADOPTING 177 Findings and Recommendations in full. Defendants' 167 , 169 Motions for Judgment on the Pleadings are GRANTED IN PART and DENIED IN PART. Defendants Bezzanes and Le'Vance Anthony Quinn are DISMISSED from this action. (Zignago, K.)
|
|
Filing
205
ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/2020 GRANTING plaintiff's 204 request to seal. The Clerk shall keep the report under seal until further court order. (Yin, K)
|
|
Filing
199
ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/20 GRANTING 191 Request to Seal pursuant to Local Rule 141. The clerk is directed to keep this report under seal until further court order. (Plummer, M)
|
|
Filing
187
ORDER signed by District Judge Troy L. Nunley on 2/3/2020 ADOPTING 178 Findings and Recommendations in full and DENYING without prejudice 152 Motion for Default. (Huang, H)
|
|
Filing
178
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/16/19 RECOMMENDING plaintiff's 152 motion for default be denied without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K) Modified on 12/16/2019 (Yin, K).
|
|
Filing
177
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/05/19 GRANTING 167 -2 & 169 -2 defendants requests for judicial notice. The court takes judicial notice of plaintiffs habeas action filed in the Southern Dist rict of California. 167 -2 at 5-118 & 169 169-2 at 5-131. Also, RECOMMENDING that defendants motions for judgment on the pleadings 167 and 169 be granted in part, and denied in part. Motions 167 and 169 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
|
|
Filing
173
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/08/19 ORDERING The deadline for the parties to disclose any expert witnesses in accordance with the specifications of Federal Rule of Civil Procedure 26(a)(2) is extended from D ecember 4, 2019 to February 7, 2020. The deadline for any rebuttal expert is extended from January 6, 2020 to March 11, 2020. The deadline for replies regarding expert witness disclosures is extended from January 27, 2020, to April 1, 2020. The deadl ine for completion of expert witness discovery is extended from February 17, 2020, to April 22, 2020. The deadline for completion of all law and motion, including dispositive motions, but except as to discovery-related matters, is extended from March 3, 2020, to May 13, 2020. (Plummer, M)
|
|
Filing
165
ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/2019 DENYING without prejudice the 163 request for further responses to the contention interrogatories. (Yin, K)
|
|
Filing
159
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2019. (Henshaw, R)
|
|
Filing
157
ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/19 ORDERING The deadline for completion of fact discovery is extended from August 2, 2019, to November 4, 2019. Discovery motions must be noticed on the undersigneds law and motion calendar i n accordance with the Local Rules and must be heard not later than October 10, 2019, instead of July 11, 2019. The deadline for the parties to disclose expert witnesses, in accordance with the specifications of Federal Rule of Civil Procedure 26(a)(2 ), is extended from September 2, 2019, to December 4, 2019. The deadline for any rebuttal expert witness disclosures is extended from October 2, 2019 to January 6, 2020. The deadline for replies regarding expert witness disclosures is extended from O ctober 23, 2019, to January 27, 2020. The deadline for completion of expert witness discovery is extended from November 13, 2019, to February 17, 2020. The deadline for completion of all law and motion, including dispositive motions, but except as related to discovery-related matters, is extended from December 31, 2019, to March 3, 2020.(Plummer, M)
|
|
Filing
149
ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/18 ORDERING ( Status (Pretrial Scheduling) Conference set for 1/17/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M)
|
|
Filing
145
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 11/01/18 ORDERING the Custodian to produce Anthony Penton by telephonic conferencing on 11/29/18 at 10:00 a.m. in courtroom 8 before Magistrate Ju dge Edmund F. Brennan. The Custodian shall notify the court of any changes in custody and provide new custodian with a copy of this writ. Clerk shall serve a copy of this writ on the Custodian. (cc: EFB)(3 certified copies sent to the Warden, La Palma Correctional Center) (Plummer, M) Modified on 11/1/2018 (Plummer, M).
|
|
Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2018 GRANTING 139 Request for Entry of Default as to Defendant Nunez. Clerk of Court to enter clerk's default as to Defendant Nunez. Stay of this action expired on 9/26/2018. This action is stayed pending further settlement negotiations on 11/29/2018. (Order served on Defendant Nunez at Jolene Nunez, 4636 Heceta Beach Road, Florence, OR 97439 and Jolene Nunez, 16011 Lower Harbor Road, Unit #79, Brookings, OR 97415) (Henshaw, R)
|
|
Filing
133
ORDER and AMENDED WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/9/2018 GRANTING 132 Request an Amended Writ to provide for plaintiff to appear by phone rather than in perons and ORDERING the Custod ian to produce Anthony Penton by telephone from his place of confinement on 8/30/2018 at 10:00 a.m. before Magistrate Judge Edmund F. Brennan. The Courts July 27, 2018 131 writ of habeas corpus ad testificandum is VACATED. 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 amended writ on the Litigation Coordinator at Ironwood State Prison by facsimile. (cc: OTCD and IT Dept; copy of Order and Amended Writ faxed to Litigation Coordinator at Ironwood State Prison and 3 certified copies sent to The Warden, Ironwood State Prison, P.O. Box 2229, Blythe, CA 92226)(Henshaw, R)
|
|
Filing
131
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 07/27/18 ORDERING the Custodian to produce Anthony Penton on 8/30/18 at 10:00 a.m. in courtroom 8 before Magistrate Judge Edmund F. Brennan. The Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: EFB and OTCD)(3 certified copies of this writ served on the Warden, Ironwood State Prison)(Plummer, M) Modified on 7/27/2018 (Plummer, M).
|
|
Filing
120
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 5/29/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assign ed DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Yin, K)
|
|
Filing
111
SUBSTITUTION OF ATTORNEY AND ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/18 ORDERING Attorney Van Longyear is substituted in as attorney of record for defendant Layton Johnson, Jr. in place of attorney Van Kamberian. (Plummer, M)
|
|
Filing
106
ORDER signed by Magistrate Judge Kendall J. Newman on 5/1/2018 GRANTING 105 Stipulated Motion for Extension of Time. Defendants Donahoo, Johnson, Pool, Virga, and Walker are granted up to and including 5/24/2018 to file a response. (Henshaw, R)
|
|
Filing
102
ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2018 ORDERING, within 30 days, plaintiff shall file a fourth amended complaint consistent with the order of the appellate court.(Yin, K)
|
|
Filing
91
ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/2015 DISMISSING plaintiff's 85 Rule 60(b) motion without prejudice for lack of jurisdiction. (Yin, K)
|
|
Filing
87
ORDER signed by Judge Garland E. Burrell, Jr on 11/9/15: The Court finds that plaintiff should be entitled to continue proceeding in forma pauperis pursuant to the appeal of this action re 86 USCA Order. (cc:USCA) (Kaminski, H)
|
|
Filing
75
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 ORDERING the 02/27/15 findings and recommendations 71 are vacated. Plaintiff's request for extension of time 74 is denied as moot. Plaintiff� 39;s second request for reconsideration 72 is denied as moot. Also, RECOMMENDING that plaintiff's request for reconsideration 64 be denied. Plaintiff's motion to amend 64 be denied. This action be dismissed without prejudice based on plaintiff's failure to serve defendant S. Nunez pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. MOTION for RECONSIDERATION 64 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
|
|
Filing
71
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/26/15 ORDERING that defendants' request for clarification of the 1/09/15 order 70 is denied. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
|
|
Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/14 ORDERING that within 30 days from the date of this order, plaintiff shall file a proposed third amended complaint; Twenty-one days after plaintiff submits his third amended complaint, defendant shall file a response to plaintiffs November 10, 2014 request (ECF No. 64 ); and Plaintiffs reply, if any, shall be filed 14 days thereafter.(Dillon, M)
|
|
Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 08/22/14 ordering plaintiff's motion 59 is denied. Plaintiff shall show cause within 30 days why this action should not be dismissed for failure to serve defendant Nunez pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Plummer, M)
|
|
Filing
58
ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/14 ORDERING that Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the second amended complaint filed November 15, 2012; and plaintiff shall complete and submit service documents on or before 5/13/14.(Dillon, M)
|
|
Filing
56
ORDER signed by Magistrate Judge Kendall J. Newman on 2/13/2014 REQUESTING Supervising Deputy AG Misha D. Igra to take all steps necessary to enlist the assistance of the CDCR to obtain defendant S. Nunez' current address and provide the addres s to the US Marshal and so inform the court within 30 days; if defendant Nunez cannot be located, Ms. Igra should so advise; the Clerk shall serve a copy of this order on Misha D. Igra; and plaintiff is GRANTED an additional 90 days in which to serve process on defendant Nunez.(Yin, K)
|
|
Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/13 ORDERING that Plaintiffs motion to compel discovery 52 is partially granted. Supervising Deputy Attorney General Monica Anderson is requested to take all steps necessary to enlist the assistance from the CDCR to obtain defendant Nunez current address; within 30 days from the date of this order, Ms. Anderson is requested to provide the address to the U.S. Marshal and so inform the court. If defendant Nunez cannot be located, Ms. Anderson should so advise. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. Plaintiff is granted an additional ninety days in which to serve process on defendant Nunez. (cc Monica Anderson)(Dillon, M)
|
|
Filing
40
ORDER signed by Judge Garland E. Burrell, Jr on 9/12/12 ORDERED the findings and recommendations filed 7/5/12, are adopted in full; Defendants' 2/27/12 motion to dismiss is denied in part and granted in part as follows: Denied as to plaintiff& #039;s alleged failure to exhaust administrative remedies; Granted as to plaintiff's access to the courts claim; Granted as to plaintiff's claims for declaratory relief and monetary damages against defendants in their official capacities ; Although plaintiff stated a cognizable claim under the First Amendment based on the withholding of plaintiff's incoming mail for over eight months, defendants' motion to dismiss is granted based on plaintiff's failure to attribute t hese actions to a named defendant, and thus failure to state a claim as to any particular defendant in this case; Plaintiff's amended complaint is dismissed with leave to amend as set forth above; and Within sixty days, plaintiff shall file a second amended complaint that complies with the instant findings and recommendations. Failure to file a second amended complaint in accordance with this order may result in the dismissal of this action. (Becknal, R)
|
|
Filing
39
ORDER denying 34 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 09/10/12. (Plummer, M)
|
|
Filing
33
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/5/2012 ORDERING the clerk to assign a district judge to this case; and within 45 days, counsel for the defendants shall notify the court by declaration as to the identity of the potential defendants, as set forth in this order, and whether counsel for the named defendants is authorized to accept service on behalf of the identified potential defendant or defendants; and RECOMMENDING that defendants 27 motio n to dismiss be denied in part, and granted in part; plaintiff's amended complaint be dismissed with leave to amend; and within 60 days of the district court adopting these recommendations, plaintiff shall file a second amended complaint. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (See order, findings and recommendations for details) (Yin, K)
|
|
Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/11 partially granting 20 Motion for Reconsideration. Upon reconsideration the 10/31/11 order 19 is affirmed. The clerk of the court is directed to file a copy of plaintiff's 02/24 /11 complaint 1 and the instant order in a new action, assigned to the undersigned magistrate judge, and filed nunc pro tunc as of 02/24/11. Plaintiff is granted 30 days in which to file an amended complaint in that new action, bearing the case number of the new action, not the instant action. The case number of the new action is (2:11-cv-3319 KJN P). (Plummer, M)
|
|
Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/11 partially granting 14 Motion for Reconsideration. Upon reconsideration the 07/13/11 order dismissing the original complaint without prejudice 11 is affirmed. However, as noted above , plaintiff may file a new action if he wishes to pursue his challenge to the prison disciplinary; and the clerk of the court is directed to send plaintiff the forms for filing a civil rights complaint and an application to proceed in forma pauperis. (Plummer, M)
|
|
Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2011. Director of CDCR shall collect an initial partial filing fee from prison trust account. Thereafter, collection from trust account shall be sent to Clerk until balance is paid in full. Clerk directed to serve copy of Order on Financial Department of Court and Director of CDCR (together w/copy of IFP Affidavit). (Marciel, M)
|
|
Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 3/7/11 ORDERING that within 30 days from the date of this order, plaintiff shall complete the Notice of Submission and submit the following documents to the court: A complete Application to Procee d In Forma Pauperis By a Prisoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
