Fernandez v. California Department of Correction & Rehabilitation et al
| Brandon Alexander Fernandez |
| California Department of Correction & Rehabilitation, Matthew Cate and R. E. Barnes |
| 2:2011cv01125 |
| April 27, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| John F. Moulds |
| 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
84
ORDER signed by Magistrate Judge Kendall J. Newman on 04/02/15 ordering defendants' application for costs 81 is granted. Plaintiff is taxed $1,937.47 in costs. (Plummer, M)
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Filing
76
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/2015 and agreed between the parties to EXTEND the deadlines for filing objections to the findings and recommendations issued 1/23/2015, and for filing plaintiff's motion for leave to amend and proposed amended complaint, to 2/20/2015. (Yin, K)
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Filing
74
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/15 ORDERING that plaintiff may file a motion to amend and proposed amended complaint during the time allotted to file objections to these findings and recomme ndations, including addressing his failure to do so previously, and how such allegations could establish Constitutional violations. Moreover, by allowing such a filing the undersigned does not mean to indicate whether or not he will allow such an am endment. Defendant shall not file a response to the motion to amend and proposed amended complaint unless and until ordered by the court. Also, RECOMMENDING that defendant Pomazal's motion for summary judgment 67 be granted. Motion 67 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
70
ORDER signed by Chief Judge Morrison C. England, Jr. on 7/8/2014 ORDERING that the 65 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's 60 Motion to Amend is DENIED. (Zignago, K.)
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Filing
65
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/9/2014 RECOMMENDING that plaintiff's 60 motion to amend be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/14 granting 52 Motion to quash. (Plummer, M)
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Filing
55
ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/14 ORDERING that Discovery due by 3/22/2014. Dispositive Motions due by 6/14/2014. (Dillon, M)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/14 ORDERING that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to quash subpoenas. Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a order quashing the subpoenas.(Dillon, M)
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Filing
48
ORDER signed by Chief Judge Morrison C. England, Jr. on 8/30/2013 ADOPTING, in full, 45 Findings and Recommendations; GRANTING 37 Motion to Dismiss; DISMISSING, with prejudice, Defendants Barnes and Cate; DISMISSING, without prejudice, Defendants Does 1-25. (Michel, G)
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Filing
45
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/31/13 RECOMMENDING that 37 MOTION to DISMISS be granted; Defendants Barnes and Cate be dismissed from this action with prejudice; and Defendants Does 1-25 be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
43
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 07/22/13 ordering ( Discovery extended to 10/23/2013, Dispositive Motions extended to 1/15/2014). (Plummer, M)
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Filing
33
ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/24/13 26 are ADOPTED IN FULL; except that Plaintiff is GRANTED FINAL LEAVE TO AMEND as to Plaintiff's allegations against D efendants Cate and Barnes; Defendants' 4/9/12, Motion to Dismiss 16 is GRANTED IN PART; Not later than twenty (20) days following the date this Order is electronically filed, Plaintiff may file an Amended Complaint to include new allegation s as to Defendants Cate and Barnes. If no amended complaint is filed within said twenty (20) day period, without further notice to the parties, the causes of action against Defendants Cate and Barnes will be dismissed with prejudice; and Plaintiffs request for monetary damages against Defendants in their official capacities is DISMISSED. (Mena-Sanchez, L)
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Filing
30
ORDER signed by Magistrate Judge John F. Moulds on 02/20/13 ordering that any objections to the 1/24/13 findings and recommendations shall be served and filed on or before 02/27/13. (Plummer, M)
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Filing
27
ORDER signed by Magistrate Judge John F. Moulds on 1/25/13 ordering Carter C. White is appointed as limited purpose counsel in the above entitled matter. This appointment is for limited purpose of meeting with plaintiff and conducting an interview to determine whether the Civil Rights Clinic will represent Mr. Fernandez. The clerk of the court is directed to serve a copy of this order upon Carter C. White, King Hall Civil Rights Clinic, One Shields Avenue, Building TB-30, Davis, California, 95616, ccwhite@ucdavis.edu. Within 30 days from the date of service of this order, Mr. White shall file a status report. (Plummer, M)
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Filing
26
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/24/13 ORDERING that a district judge be assigned to this case; RECOMMENDING that 16 MOTION to DISMISS be partially granted; Defendants Barnes and Cate be dismissed from this action; and Plaintiffs request for monetary damages against defendants in their official capacities be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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Filing
22
ORDER signed by Magistrate Judge John F. Moulds on 8/20/12 ORDERING that plaintiff is granted 30 days from the date of this order in which to file and serve a supplemental opposition to defendants 16 Motion to Dismiss; and Defendants may file a supplemental reply not later than fourteen days after service of any supplemental opposition. (Dillon, M)
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Filing
20
ORDER denying 17 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 05/21/12. (Plummer, M)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Brandon Alexander Fernandez signed by Magistrate Judge John F. Moulds on 06/23/11. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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