Arceo v. DVI, et al
| Anthony Arceo |
| Socorro Salinas, Martinez, Peters, - Stockton, San Joaquin County Jail, M. Singh, R&R Staff, DVI, Gonzales and Coroncr Moore |
| 2:2011cv02396 |
| September 9, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Kendall J. Newman |
| 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
144
ORDER signed by Senior Judge Morrison C. England, Jr. on 7/26/2022 ADOPTING in FULL 143 Findings and Recommendations. Plaintiff's 140 motion to cease trust account deductions is DENIED, and this matter remains CLOSED. (Reader, L)
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Filing
143
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/08/2022 RECOMMENDING that 140 Plaintiff's Motion be DENIED. Referred to Judge Morrison C. England. Objections due within 14 days after being served with these Findings and Recommendations. (Rodriguez, E)
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Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/2022 ORDERING counsel for defendant to respond to plaintiff's 140 motion within 21 days from the date of this order. (Yin, K)
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Filing
134
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/30/2021 ORDERING the custodian to produce Anthony Arceo #1728-5, by Zoom video conference from his place of confinement, before Magistrate J udge Kendall J. Newman, on 8/3/2021 at 9:00 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Alexandra Waldrop. (cc: I.T. Dept., ADR)(Yin, K)
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Filing
121
ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/21 DENYING 118 Motion as premature and DENYING 119 Motion to Appoint Counsel. Defendant Savage shall file his pretrial statement within thirty days from the date of this order. The pret rial conference is set in this case for 4/19/21 before the Magistrate Judge to be conducted on the file only, without appearance by either party. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty days after the pretrial order becomes final. The Clerk of the Court is directed to send plaintiff the form Consent to Proceed Before a United States Magistrate Judge. (Plummer, M)
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Filing
113
ORDER signed by Senior Judge Morrison C. England, Jr. on 8/17/2020 ADOPTING 106 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED. (Huang, H)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 06/26/20 ORDERING that plaintiff is granted thirty days from the date of this order in which to file to file his pretrial statement and objections to the pending findings and recommendations. (Plummer, M)
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Filing
106
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/18/20 ORDERING defendants are relieved from filing a pretrial statement. The pretrial conference set for September 8, 2020, (on the papers) is VACATED. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 30 days. (Plummer, M)
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Filing
98
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/07/20 ORDERING the Custodian to produce Anthony Arceo by video conference on 2/25/20 at 9:30 a.m. in courtroom 24 before Magistrate Judge Caroly n K. Delaney. 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 of court shall serve a copy of this order and writ on the Custodian. (cc: CKD and I.T. Dept, Sacramento)(Plummer, M)
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Filing
94
ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/19 ORDERING no further orders regarding plaintiff's 10/17/19 letter will issue. The Clerk of the Court is directed to serve a copy of this order and plaintiffs October 17, 2019 letter 91 on the Sheriff of San Joaquin County, 7000 Michael Canlis Blvd., French Camp, CA, 95231.. (Plummer, M)
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Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/19 ORDERING that within thirty days from the date of this order, the parties shall file the attached notice, informing the court whether a settlement conference is appropriate, whether they waive disqualification for the undersigned to hold the settlement conference, or whether they choose to have the settlement conference held by a different judge. (Plummer, M)
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Filing
88
ORDER ADOPTING 81 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/10/19. GRANTING IN PART AND DENYING IN PART 71 Motion for Summary Judgment as follows: Defendant Savage's motion for summary judgment is DENIED; the remaining defendants Surjick, Kong, Adams and McHugh are GRANTED summary judgment. Action is REMANDED to the assigned magistrate judge for further scheduling. (Benson, A.)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 3/29/2019 GRANTING 84 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order to file objections to 81 Findings and Recommendations. (Henshaw, R)
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Filing
81
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/29/19 STRIKING 79 plaintiff's unauthorized surreply. The undersigned declines to postpone or defer ruling on defendants' motion. Plaintiff's mo tion for the appointment of handwriting expert 78 is denied. Also, RECOMMENDING that defendants' motion for summary judgment 71 be granted in part and denied in part as follows: Defendant Savage's motion for summary judgment be denied . The remaining defendants Surjick, Kong, Adams and McHugh be granted summary judgment. This action be remanded to the undersigned for further scheduling. Motion for Summary Judgment 71 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
75
ORDER signed by Magistrate Judge Kendall J. Newman on 5/1/2018 GRANTING 74 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order in which to file an opposition to 71 Motion for Summary Judgment. (Henshaw, R)
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Filing
62
ORDER signed by District Judge Morrison C. England, Jr on 7/24/2017 ADOPTING in FULL 61 Findings and Recommendations; DENYING 52 Motion to Amend the Complaint. (Washington, S)
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Filing
61
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/21/17 ORDERING plaintiff's motion for clarification 57 is partially granted. Plaintiff's motion for protective order 58 is partially granted. Th e court will entertain no further motions to amend; plaintiff must file new and unrelated claims in separate actions. The 1/26/17 scheduling order is amended as follows: The discovery deadline is continued to 9/25/17. The deadline for filing pretr ial motions, except motions to compel discovery, is continued to 12/15/17. In all other respects, the provisions of the scheduling order remain in effect. Also, RECOMMENDING that plaintiff's motion to amend 52 be denied. MOTION to AMEND 52 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
47
ORDER signed by District Judge Morrison C. England, Jr., on 1/5/17 ORDERING that the 11/23/16, and 12/1/16 orders are amended. This action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, Adams and McHugh for their actions in February of 2012, and defendant Savage based on his actions in September 2012. Defendant Adams shall file a responsive pleading within 21 days from the date of this order. (Kastilahn, A)
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Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/16 partially granting 39 Motion to Strike. Paragraphs 5-8, 10-12, 16-20, 22-53, 62-67, 69, 71-73, 75-84, 86-96, 100 and 103 are stricken from plaintiffs third amended complaint 27 . Defendants Surjick, Kong, McHugh and Savage shall file a responsive pleading within twenty-one days from the date of this order. (Plummer, M)
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Filing
44
ORDER signed by District Judge Morrison C. England, Jr. on 11/22/16 ORDERING that plaintiff's 36 Motion to Amend the Judgment, construed as a Motion for Reconsideration, is GRANTED; upon reconsideration, the 31 05/05/16 Order is AFFIRMED; t his action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, and McHugh for their actions in February of 2012, and defendant Savage based on his actions in September of 2012. Plaintiff's remaining claims, including all claims against the remaining defendants, are DISMISSED without prejudice. (Benson, A)
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Filing
33
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/2016 DENYING as moot plaintiff's 29 motion to stay. (Yin, K)
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Filing
31
ORDER signed by District Judge Morrison C. England, Jr on 05/04/16 ordering the findings and recommendations filed 03/18/16 28 are adopted in full. This action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, Adams and McHugh for their actions in February of 2012 and defendant Savage base on his actions in September 2012. Plaintiff's remaining claims, including all claims against the remaining defendants are dismissed without prejudice.(Plummer, M)
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Filing
28
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/17/16 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. is randomly assigned to this case. The allegations in the pleading are sufficient at least to state potentially cognizable claims against defendants Surjick, Kong, Adams, McHugh and Savage. With this order the clerk of the court shall provide plaintiff a blank summons, a copy of the pleading filed 5/20/15 27 , 5 USM-285 forms and instructions for service of process to be completed and returned within 30 days. Also, RECOMMENDING that plaintiff's claims against the remaining defendants be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
24
ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/2015 ORDERING that the third and fourth amended complaints submitted by plaintiff's mother, Sylvia Arceo, are STRICKEN; plaintiff's second amended complaint is DISMISSED; plaintiff has 30 days to file a third amended complaint; and the Clerk shall serve a copy of this order on Sylvia Arceo.(Yin, K)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/14 ORDERING that 19 motion for extension of time is GRANTED; Plaintiff is granted thirty days from the date of this order in which to file a second amended complaint.(Dillon, M)
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Filing
18
ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/14 ORDERING that plaintiffs amended complaint is dismissed, with leave to file a Second Amended Complaint within 30 days that is no more than 15 pages in length. The Clerk of Court is directed to send plaintiff one blank copy of the Civil Rights Complaint used by prisoners in this district.(Dillon, M)
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Filing
16
ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/14 ORDERING that Plaintiffs motions for a temporary restraining order (ECF Nos. 13 , 14 ), are denied as moot. Plaintiff shall file a notice of change of address on or before May 23, 2014. Should plaintiff timely file a notice of change of address, the court will then screen plaintiffs First Amended Complaint and supplement (ECF Nos. 11 , 12 ). Failure of plaintiff to file a notice of change of address by May 23, 2014, shall result in the dismissal of this action without prejudice. Clerk of Court shall serve a copy of this order on plaintiff at his address of record.(Dillon, M)
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Filing
15
ORDER signed by Magistrate Judge Kendall J. Newman on 3/11/2014 ORDERING plaintiff, within 30 days, to provide the court with (a) plaintiff's current mailing address, (b) a statement whether plaintiff withdraws his motions for temporary restr aining order, OR an explanation how the matters raised in those motions are not now moot, (c) a statement whether plaintiff wishes to proceed with this action on the merits, and thus obtain the court's screening of plaintiff's First Amended Complaint; failure to timely respond to this order shall result in a recommendation that this action be dismissed; and Officials at the San Joaquin County Jail shall forward this order to plaintiff at his current address.(Yin, K)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING the Sheriff of San Joaquin County to collect and forward payment from the prison trust account of Anthony Arceo 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)(Dillon, M)
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Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, M)
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