Elbert v. Swarthout et al
| Virgil Robert Elbert |
| Gary Swarthout, James Lee, R. Durfey, C. Palwick, S. Feudner and C. Martinez |
| 2:2011cv01154 |
| April 29, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Edmund F. Brennan |
| Garland E. Burrell |
| 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
37
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/25/13 recommending that this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
35
ORDER denying 34 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 12/19/12. (Plummer, M)
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Filing
32
ORDER signed by Judge Garland E. Burrell, Jr on 11/20/12 ORDERING that the findings and recommendations filed October 29, 2012 are adopted in full; and Defendant Swarthout is dismissed from this action for failure to state a claim upon which relief may be granted. (Becknal, R)
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Filing
29
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/29/2012 ORDERING that the allegations are sufficient to state a cognizable Eighth Amendment claim against defendants Lee and Arthur; defendants shall respond to the amended complaint in accordance with F.R.Civ.P. 12; plaintiff's request for appointment of counsel is DENIED; and RECOMMENDING that defendant Swarthout be dismissed from this action for failure to state a claim upon which relief may be granted. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
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Filing
27
ORDER signed by Judge Garland E. Burrell, Jr. on 9/21/2012 ORDERING that the 26 Findings and Recommendations are ADOPTED in full. Defendants' 22 Motion to Dismiss is GRANTED with leave to file an amended complaint within 30 days of the date of this order. (Zignago, K.)
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Filing
26
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/24/12 RECOMMENDING that 22 Motion to Dismiss be granted with leave to file an amended complaint within 30 days of the date of any order adopting these findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
12
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 6/6/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Virgil Robert Elbert 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
5
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/11 DENYING 3 Motion to Appoint Counsel. (Dillon, M)
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