Mitchell v. Cate et al
| Wesley Mitchell |
| Matthew L. Cate, Scott Kernan, Steven Chapman, Mike McDonald, R.L. Gower, D. Davey, D. Clark, D. Van Leer, A. Sanders, Harkness, R. Miranda and Unknown Clark |
| 2:2011cv01240 |
| May 9, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Gregory G. Hollows |
| John A. Mendez |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
112
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/8/2015 RECOMMENDING that the following claims be dismissed without leave to amend for failure to state a claim: Count I: First Amendment claim for denial of access to the courts; Count V: Eighth Amendment claim for conditions of confinement based on deprivation of hygiene items; Count VIII: Fourteenth Amendment equal protection claim; and Count IX: Conspiracy. The court decline to exercise supplemental jurisdiction over plaintiff's state law claims and dismiss Count X. Defendants' 65 motion for summary judgment be granted for the reasons set forth above. Judgment be entered for the defendants. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
102
ORDER signed by Judge John A. Mendez on 10/22/2014 ADOPTING IN FULL 96 Findings and Recommendations; DENYING 64 Motion for Summary Judgment. (Michel, G)
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Filing
96
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/18/14 recommending that plaintiff's motion for summary judgment 64 be denied. Motion for Summary Judgment 64 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Allison Claire on 8/12/14 ORDERING that Defendants motion for summary judgment, ECF No. 65 , vacated by Order filed on July 23, 2014, is hereby re-noticed upon the courts calendar, nunc pro tunc, as of July 29, 2 014; The parties need not brief defendants motion further with the exception that plaintiff has until August 28, 2014 to file any response to defendants third amended separate statement of undisputed facts; and Defendants have discharged the show cause order at ECF No. 91 ; no further sanctions will be imposed.(Dillon, M)
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Filing
91
ORDER signed by Magistrate Judge Allison Claire on 07/23/14 vacating 65 Motion for Summary Judgment from the court's calendar. Within 7 days: a) defendants must submit the documents for sealing pursuant to Local Rule 141(e)(2)(i), as identif ied in the order of 04/28/14 (and herein), b) must file a third amended separate statement of undisputed facts which must be corrected as noted above and c) show cause why additional sanctions should not be imposed for failure to comply with an order of the court. Defendants' motion for summary judgment will be renewed upon the court's calendar as of the date of their compliance with this order; however, the parties need not brief the motion further with the exception that plaintiff will have 30 days, upon service of defendants' third amended separate statement of undisputed facts, to file a response thereto. (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Allison Claire on 4/28/2014 DENYING, as untimely, plaintiff's 58 motion to compel; GRANTING in part defendants' 71 amended motion to seal documents in support of their motion for summary judgment, def endants shall provide the Clerk pursuant to Local Rule 141(e)(2) (1) an electronic copy of the documents in accordance with this order; DENYING defendants' 71 amended motion to seal as to Exhibit A, pages A4 and A12, and Exhibit N (pages N17 through N20); defendant shall file and serve within 7 days either (1) the exhibits or portions of exhibits not approved for filing under seal, or (2) a second amended Statement of Undisputed Facts that omits reference to exhibits not in the record; and plaintiff's opposition to defendants' motion for summary judgment is due within 30 days thereafter, any reply thereto must be filed 7 days thereafter. (Yin, K)
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Filing
75
ORDER signed by Magistrate Judge Allison Claire on 03/19/14 granting defendants 74 Motion. Within 7 days from the date of this order, defendants shall file an amended statement of facts and evidence (including/excluding exhibits C-M). (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 2/20/2014 ORDERING that defendants' 66 request to seal documents in support of their motion for summary judgment is DENIED as overbroad but without prejudice to renewal within 21 days; pl aintiff may submit an opposition to any amended Notice of Request to Seal within 28 days after service; and plaintiff's deadline to respond to defendants' motion for summary judgment is suspended and will be reset upon resolution of the sealing issue and filing and service fo redacted exhibits, if any. (Yin, K)
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Filing
55
ORDER signed by Magistrate Judge Allison Claire on 8/29/2013 GRANTING defendants' 54 request to conduct plaintiff's deposition via videoconference. Nothing in this order shall be interpreted as requiring the instution in which plaintiff is housed to obtain videoconferencing equipment if it is not already available. (Yin, K)
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Filing
52
ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 7/2/13. Defendant R. Miranda DISMISSED with prejudice. (Manzer, C)
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Filing
50
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/29/2013 DIRECTING defendants J. Clark, Davey, Gower, McDonald, Sanders and Van Leer to file, within 21 days, their answer to the allegations of the complaint wit h the exception of the specific Eighth Amendment claim regarding exposure to the cold with inadequate clothing that has been previously dismissed as set forth in this order; and RECOMMENDING that defendant Miranda be dismissed with prejudice from this action. Referred to Judge John A. Mendez; Objections due within 21 days. (Yin, K)
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Filing
49
ORDER signed by Judge John A. Mendez on 4/12/2013 ORDERING that the 48 Findings and Recommendations are ADOPTED IN FULL. Defendant Miranda's 29 motion to dismiss under Rule 12(b)(6) is GRANTED without prejudice to amendment and plaintiff i s GRANTED twenty-eight days to file an amended complaint. Defendants' 30 motion to dismiss for failure to exhaust administrative remedies is GRANTED as to the claim that plaintiff's Eighth Amendment rights were violated by exposure to extreme cold without adequate clothing and/or linens (ECF No. 1 at 20, 152), and DENIED as to all other claims. (Zignago, K.)
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Filing
48
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/19/2013 ORDERING that plaintiff's 41 motion to amend is DENIED without prejudice as duplicative of matters in issue on defendants' motion; and RECOMMEN DING that defendant Miranda's 29 motion to to dismiss be granted without prejudice to amendment and, upon adoption of these recommendations should that occur, plaintiff be granted 28 days to file an amended complaint; and defendants' 30 motion to dismiss for failure to exhaust administrative remedies be granted as to the claim that plaintiff's Eighth Amendment rights were violated by exposure to extreme cold without adequate clothing and/or linens and denied as to all other claims. Referred to Judge John A. Mendez; Objections due within 14 days.(Yin, K)
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Filing
39
ORDER signed by Magistrate Judge Gregory G. Hollows on 07/12/12 vacating 37 FINDINGS AND RECOMMENDATIONS. Plaintiff is granted 21 days to file his opposition to defendants' motion to dismiss. There will be no further extension of time. (Plummer, M)
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Filing
37
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/24/12 RECOMMENDING that 30 MOTION to DISMISS and 29 MOTION to DISMISS be granted and that this case be closed. Referred to Judge John A. Mendez; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
31
ORDER signed by Judge John A. Mendez on 3/20/2012 ADOPTING 24 Findings and Recommendations; DISMISSING Defendant D. Clark. D. Clark TERMINATED. (Michel, G)
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Filing
24
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/03/12 ORDERING the request for clarification 21 regarding defendant D. Clark is granted. This matter proceeds against defendants McDonald, Gower, Davey, Van Leer, Sanders, Miranda and RN J. Calrk. Also, RECOMMENDING that defendant D. Clark be dismissed from this action. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
17
ORDER signed by Judge John A. Mendez on 12/8/2011 ORDERING that the 13 findings and recommendations filed October 17, 2011, are adopted in full. For the reasons set forth in the 9 Order, filed on September 14, 2011, defendants Cate, Kernan, Chapman, Harkness and Dangler are dismissed from this action.(Duong, D)
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Filing
13
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/17/11 ORDERING service is apporpriat for defendants McDonald, Gower, Davey, Van Leer, Sanders, Miranda and Clark. The clerk of the court shall send plaintiff 7 USM-285 forms, instruction sheet and a copy of the 05/09/11 complaint to be completed and returned within 30 days. Also, RECOMMENDING that for the reasons set forth in the order filed on 09/14/11 9 that defendants Cate, Kernan, Chapman, Harkness and Dangler be dismissed from this action. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
9
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/13/11 ORDERING that 8 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action, with an initial partial filing fee of $14.19. Plaintiffs claims against defendants Cate, Kernan, Chapman, Harkness and Dangler are DISMISSED with leave to file an amended complaint within 28 days from the date of service of this Order. (Dillon, M)
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Filing
7
ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/2011 DENYING, w/out prejudice, pltf's 2 request to proceed IFP; pltf to submit, w/in 30 days, a completed affidavit to proceed ifp ; the clerk to send pltf a new ifp application; and pltf shall submit, w/in 30 days, a certified trust acct statement. (Yin, K)
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