Hughes v. CDCR
Plaintiff: Bernard C. Hughes
Defendant: CDCR
Case Number: 2:2011cv01856
Filed: July 14, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Stanislaus
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 17, 2019 Opinion or Order Filing 138 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/19 ORDERING the Court grants the requested extension of time. Plaintiffs Opposition to Defendants Motion for Summary Judgment shall be due on or before January 22, 2019, and the Defendants Reply to Plaintiffs Opposition shall be due Friday, February 8, 2019.(Plummer, M)
January 8, 2019 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2019 ORDERING that Plaintiff's Opposition to 132 Motion for Summary Judgment shall be due on or before 1/15/2019, and the Defendants' Reply shall be due 2/1/2019. (Huang, H)
November 14, 2018 Opinion or Order Filing 134 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/18 ORDERING that all deadlines in the case (including the December 5, 2018 deadline to servediscovery requests, the January 29, 2019 discovery cutoff, and the March 19, 2019 deadline to file dispositive motions) are vacated pending resolution of Defendants pending motion. That all discovery in the case (apart from discovery related to exhaustion of administrative remedies) is stayed pending resolution of Defendants pend ing motion. That the deadline for Plaintiff to respond to Defendants motion for summary judgment 132 be extended until December 17, 2018. That the deadline for Defendants to file a reply brief regarding Defendants motion for summary judgment 132 be extended until January 3, 2019. That following the resolution of Defendants pending motion for summary judgment, the Court shall issue a new scheduling order if needed.(Plummer, M)
September 26, 2018 Opinion or Order Filing 131 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 09/26/18 ORDERING the final day to serve discovery requests pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 will be December 5, 2018. The discovery cutoff will be January 29, 2019. the final day to file motions to compel discovery will be January 29, 2019; and, the final day to file dispositive motions will be March 19, 2019. (Plummer, M)
May 3, 2017 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2017 GRANTING Plaintiff's Request for a 10 day extension of time to file an amended complaint. Amended Complaint is due May 8, 2017. No further extensions of time will be granted. (Henshaw, R)
March 28, 2017 Opinion or Order Filing 112 ORDER signed by District Judge Kimberly J. Mueller on 3/28/2017; Except as modified by this order 110 Findings and Recommendations are ADOPTED in FULL; GRANTING 61 Motion to Dismiss as to defendant Jansen; DENYING 103 Motion to Amend the Compl aint. Plaintiff is granted one final opportunity to file an amended complaint that cures the deficiencies identified in the magistrate judge's findings and recommendations with respect to the claims against CDCR and Dr. Doe within thirty days from the date of this order. (Washington, S)
February 17, 2017 Opinion or Order Filing 110 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/16/17 recommending that defendant Jansen's Rule 12(b)(6) motion to dismiss 61 be granted and defendant Jansen be dismissed from this action with prejudice. Plainti ff's motion to amend 103 be denied as futile. Within 30 days from any order adopting these findings and recommendations, plaintiff be given a final opportunity to file an amended complaint that cures the deficiencies identified herein with respect to the claims against CDCR and Dr. Doe. Motions 61 and 103 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 1, 2016 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Jeff Dominic Price is GRANTED. (Crouch, J)
August 2, 2016 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/1/2016 DENYING plaintiff's 91 motion to compel. Within 7 days, the AG's Office shall (a) contact the Litigation Coordinator assigned to plaintiff's place of confinement to al low for a meet and confer between plaintiff's counsel and the Litigation Coordinator; and (b) file a declaration with the court regarding the same. The Clerk of the Court shall serve a copy of this order on Monica Anderson, Supervising Deputy AG. Within 14 days, plaintiff's counsel shall meet and confer with the Litigation Coordiantor in an effort to arrange a telephonic conference with plaintiff. Within 45 days, plaintiff shall file an opposition to defendant's motion to dismiss. The court is not inclined to grant additional requests for extensions of time. (cc: Monica Anderson) (Yin, K)
May 19, 2016 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/16 GRANTING 87 Motion for Extension of time. Plaintiff has 21 days from the date this order is served to file his opposition.(Dillon, M)
March 11, 2016 Opinion or Order Filing 81 ORDER signed by District Judge Kimberly J. Mueller on 3/10/2016 FINDINGS AND RECOMMENDATIONS 76 are ADOPTED in FULL; and Defendant's 52 Motion to Dismiss for Lack of Prosecution is DENIED. (Reader, L)
March 2, 2016 Opinion or Order Filing 78 ORDER signed by District Judge Kimberly J. Mueller on 3/1/2016. Within 14 days from date of this Order, defendants shall file further response to plaintiff's 10/22/2015 62 Motion to Compel (Marciel, M)
March 1, 2016 Opinion or Order Filing 77 ORDER signed by District Judge Kimberly J. Mueller on 2/29/2016 DECLINING TO ADOPT 67 Findings and Recommendations; DENYING 62 Motion to Compel without prejudice. (Michel, G.)
February 24, 2016 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/24/16 recommending that defendant's motion to dismiss for lack of prosecution 52 be denied. MOTION to DISMISS 52 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
February 16, 2016 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/16 ORDERING that the Clerk of the Court shall send to plaintiff a copy of the Second Amended Complaint (ECF No. 60 ). Within 10 days from the date of this order, plaintiff's limited a ppointment counsel shall return the case file to plaintiff and file a statement with the court certifying the same. Counsels statement shall also clarify whether he wishes to continue with his representation of plaintiff in this matter.(Dillon, M)
December 16, 2015 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/15 ORDERING that the December 14, 2015 findings and recommendations, ECF No. 68 , are vacated.(Dillon, M)
December 14, 2015 Opinion or Order Filing 68 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/10/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
December 1, 2015 Opinion or Order Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/01/15 recommending that plaintiff's motion 62 construed as a motion for a preliminary injunction be denied. MOTION 62 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
November 16, 2015 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/16/15 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of no opposition. (Plummer, M)
October 28, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Jeff Dominic Price is GRANTED. (Crouch, J)
August 4, 2015 Opinion or Order Filing 51 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/3/15 ORDERING that plaintiff shall show cause, within 14 days from the date of this order, why this action should not be dismissed for failure to prosecute.(Dillon, M)
February 26, 2015 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/15 ORDERING that the findings and recommendations of December 10, 2014 40 are herebyVACATED. Plaintiff's December 8, 2014 motion for temporary restraining order 42 is DENIED withou t prejudice. Plaintiff's December 29, 2014 motion for reconsideration 47 is granted. Jeff D. Price is appointed as counsel in the above-entitled matter for the limited purposes of investigating plaintiff's claims, drafting and filing an a mended complaint, and assessing the need for a temporary restraining order. Plaintiff's December 8, 2014 motion for extension of time 41 is granted. The amended complaint will be due 90 days from the date of this order. Jeff D. Price's ap pointment will terminate when plaintiff's amended complaint is filed, or files a notice that an amended complaint would not be appropriate. Mr. Price shall concurrently either file a renewed motion for a temporary restraining order or a notice t hat nosuch order is currently sought. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Jeff D. Price, Law Office of Jeff Dominic Price, 1311 Broadway, Santa Monica, CA 90404.(Dillon, M)
December 15, 2014 Opinion or Order Filing 45 ORDER denying 44 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 12/15/14. (Plummer, M)
December 10, 2014 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/9/14 RECOMMENDING that this action be DISMISSED for failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
September 30, 2014 Opinion or Order Filing 37 ORDER signed by Judge Kimberly J. Mueller on 9/30/2014 FINDINGS AND RECOMMENDATIONS 35 are NOT Adopted; Defendant's 21 Motion to Dismiss under Rule 12(b)(1) is GRANTED; and the motion to dismiss under Rule 12(b)(6) is DENIED as MOOT; Plaintiff's amended complaint is due withing 21 days of the date of this order; this case is REFERRED back to the Magistrate Judge for further handling consistent with this order. (Reader, L)
February 18, 2014 Opinion or Order Filing 35 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/18/14 ORDERING that the Clerk of the Court shall randomly assign a United States District Judge to this action; RECOMMENDING that 21 MOTION to DISMISS be denied and that Jansen be directed to file an answer within 21 days for any order adopting this recommendation. Randomly assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
January 15, 2014 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Edmund F. Brennan on 01/15/14 ordering that the motion 31 is granted. Dr. Jansen shall file his reply brief within 2 days of the entry of this order. (Plummer, M)
October 8, 2013 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/2013 re 20 Request for Reimbursement ORDERING that within 14 days from the date of service of this order, defendant Jansen shall pay to the United States Marshal the sum of $68.65, unless within that time Jansen files a written statement showing good cause for failing to waive service; the Clerk shall serve a copy of this order on the USM. (Waggoner, D)
September 5, 2013 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/2013 ORDERING that, within 21 days, plaintiff shall file either an opposition to the 21 motion to dismiss or a statement of no opposition. (Yin, K)
January 15, 2013 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/15/2013 DENYING plaintiff's 17 motion for the return of his property. (Yin, K)
August 9, 2012 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/9/12 ORDERING the Clerk to provide to Plaintiff a blank summons, a copy of the complaint filed 2/8/12, one USM-285 form and instructions for service of process on defendant Jonsen. Within 30 day s of service of this order Plaintiff may return the attached Notice of Submission of Documents with the completed summons, the completed USM-285 form, and two copies of the complaint. Failure to comply with this order will result in dismissal of this action.(Mena-Sanchez, L)
January 18, 2012 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 1/18/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Bernard C. Hughes 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)
July 19, 2011 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/11 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed. (Becknal, R)
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