Asberry v. Cate et al
| Tony Asberry |
| Van Dusseldrop, Harris, B. Shane, Wong, O'Brien, Guzman, K. Dhillon, Rosenah Durago, Chapel, Culverson, Pottier, Elton, A. Briones, Matthew Cate, T. Virga, Phelps, McCarvel, M. Bobbala, Nangalam, J. Wedell, Briggs, A. Johnson, A. K. Daly and N. Ali |
| 2:2011cv02462 |
| September 16, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kimberly J. Mueller |
| 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
193
ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/14 DENYING 171 Motion to vacate. (Dillon, M)
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Filing
187
ORDER signed by Judge Kimberly J. Mueller on 9/9/14 ORDERING that plaintiff's 139 Motion for Reconsideration is stayed pending this court's review of the 7/21/2014 findings and recommendations. (Kastilahn, A)
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Filing
186
ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2014 ORDERING that within 14 days, plaintiff shall file his objections to the 7/21/14 findings and recommendations or clarify that one of the pleadings listed in this order is meant to be his objections. (Yin, K)
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Filing
180
ORDER signed by Magistrate Judge Kendall J. Newman on 07/24/14 granting 179 Motion to modify scheduling order. The 08/01/14 dispositive motion cut-off date is vacated. Plaintiff's motion for injunctive relief 158 ; defendants motion for extension of time 165 ; plaintiff's motion for clarification 166 ; and plaintiff's motion to vacate 168 are vacated. (Plummer, M)
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Filing
178
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/21/14 recommending that defendant's motion to dismiss (ECF No. 162) be granted. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
164
ORDER signed by Magistrate Judge Kendall J. Newman on 06/04/14 ordering that within 14 days defendant Ali shall file a supplemental response to interrogatory no. 14; within 14 days, defendants shall file a request to file under seal inmate Wilson� 39;s mental health records from January 2009 through January 2010, and a request for a protective order; if these records cannot be located at the Health Records Center, defendants shall inform the court within that time with a declaration by the person who conducted the search. (Plummer, M)
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Filing
160
ORDER signed by Magistrate Judge Kendall J. Newman on 5/27/2014 DENYING plaintiff's 155 motion to compel. (Yin, K)
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Filing
154
ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/14 ORDERING that within 14 days of the date of this order, the Warden of RJDCF shall inform the court of the status of plaintiffs missing legal property; the Clerk of the Court is direct ed to serve a copy of this order and plaintiffs April 18, 2014 motion on the Warden of the R.J. Donovan Correctional Facility; Clerk is directed to serve a copy of this order on Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)
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Filing
151
ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2014. Within 21 days of date of Order, defendants shall file further briefing addressing plaintiff's Request for inmate Wilson's mental health records and defendant Ali's suppl emental response to interrogatory No. 14. Following receipt of further briefing, Court will issue further Order, if appropriate. Plaintiff's 142 is DENIED in all other respects. Plaintiff's 146 Motion to review his medical file is DENIED. (Marciel, M)
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Filing
148
ORDER signed by Judge Kimberly J. Mueller on 3/11/2014 ADOPTING IN FULL 122 Findings and Recommendations; DENYING 121 Motion for Injunctive Relief. (Michel, G)
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Filing
136
ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/13 DENYING without prejudice 135 Motion for legal materials. (Dillon, M)
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Filing
134
ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/13 ORDERING that Plaintiffs motion for a physical examination (ECF No. 125 ) is DENIED; and plaintiffs motion for a mental health examination (ECF No. 127 ) is DENIED. (Dillon, M)
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Filing
130
ORDER signed by Magistrate Judge Kendall J. Newman on 11/04/13 denying 128 Motion to Appoint Counsel. Within 45 days from the date of this order, defendants shall provide plaintiff with responses to all previously served discovery requests. Within 14 days of the date of this order, plaintiff may file a request to conduct additional discovery; plaintiff is prohibited from conducted additional discovery unless the court finds good cause. (Plummer, M)
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Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 denying 118 Motion for law library access. The discovery cut-off date of 1/03/14 is vacated and re-set to 02/20/14; the dispositive motion cut-off date of 03/28/14 is vacated and re-set for 4/25/14. (Plummer, M)
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Filing
122
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/10/13 RECOMMENDING that 121 Motion for Injunctive Relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
120
ORDER signed by Judge Kimberly J. Mueller on 9/25/13 ADOPTING IN FULL 108 Findings and Recommendations; DENYING 103 Motion for Preliminary Injunction. The Clerk of the Court is DIRECTED to send plaintiff a copy of the docket sheet for this acti on; within 14 days of the date of this order, plaintiff shall mark those documents on the docket sheet he requires to prosecute this action and return it to the court; and this matter is REFERRED back to the magistrate judge for further proceedings. (Meuleman, A)
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Filing
115
ORDER signed by Judge Kimberly J. Mueller on 8/29/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/7/13, 97 are ADOPTED in full. Defendants' MOTIONS TO DISMISS 63 and 84 are GRANTED in part and DENIED in part as follows: Defendan ts' MOTION to Dismiss Plaintiff's failure to protect claims as to defendants Elston, Virga and Dr. Chen is DENIED; Defendants' MOTION to dismiss Plaintiff's Eighth Amendment claims as to defendants Dr. Wedell and Dr. Ali is DE NIED as to Plaintiff's claims that he was not timely provided physical therapy or a waist chain chrono; Defendants' MOTION to DISMISS Plaintiff's state law claims is DENIED without prejudice; and In all other respects, Defendants 9; MOTION to DISMISS is GRANTED based on Plaintiff's failure to exhaust his claims as to defendants McCarvel, Dr. Bobbala, Dr. Nangalama, Dr. Dhillon and Dr. Duc. Defendants Phelps, Elston, Virga, Dr. Chen, Dr. Wedell, and Dr. Ali shall file an answer within fourteen (14) days from the date of this order. (Mena-Sanchez, L)
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Filing
108
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/10/13 RECOMMENDING that plaintiffs motion for injunctive relief (ECF No. 103 ) be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
105
ORDER signed by Magistrate Judge Kendall J. Newman on 06/12/13 ordering within 14 days of the date of this order, the Warden of RJDCF shall inform the court of the status of plaintiff's access to his legal materials related to this action.. The clerk of the court shall serve a copy of this order and a copy of plaintiff's motion for injunctive relief 103 on the Warden of Richard J. Donovan Correctional Facility, PO Box 799003, San Diego, CA, 92179.(Plummer, M)
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Filing
101
ORDER denying 99 Motion to Amend signed by Magistrate Judge Kendall J. Newman on 05/02/13. (Plummer, M)
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Filing
97
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/06/13 recommending that defendants' motions to dismiss 63 and 84 be granted in part and denied in part as follows: a. Defendants' motion to dismiss plaintif 's failure to protect claims as to defendants Elston, Virga and Dr. Chen be denied; b. Defendants' motion to dismiss plaintiff's Eighth Amendment claims as to defendants Dr. Wedell and Dr. Ali be denied as to plaintiff's claims t hat he was not timely provided physical therapy or a waist chain chrono; c. Defendants' motion to dismis plaintiff's state law claims be denied without prejudice; and in all other respects, defendants' motion to dismiss be granted base d on plaintiff's failure to exhaust his claims as to defendants McCarvel, Dr. Bobbola, Dr. Nangalama, Dr. Dhillon and Dr. Duc. Defendants Phelps, Elston, Virga, Dr. Chen, Dr. Wedell and Dr. Ali be directed to file an answer within 14 days from any district court order adopting the instant findings and recommendations. Motions to dismiss 63 and 84 referred referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2012 DENYING, without prejudice, plaintiff's 91 motion. (Yin, K)
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Filing
90
ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/12 denying 81 plaintiff's 10/11/12 motion and denying 89 plaintiff's 11/26/12 Motion. Plaintiff is granted 21 days from the date of this order in which to file an opposition to defendants 10/30/12 motion to dismiss. Defendants' reply, if any shall be filed 7 days thereafter. (Plummer, M)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/12 ordering that plaintiff is granted 21 days to file either 1) a statement that he relies on his previously submitted opposition; 2) a new opposition; or 3) a supplemental opposition. (Plummer, M)
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Filing
82
ORDER signed by Judge Kimberly J. Mueller on 10/19/2012 DENYING 79 Motion for Reconsideration. (Zignago, K.)
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Filing
78
ORDER signed by Judge Kimberly J. Mueller on 9/27/2012 FINDINGS AND RECOMMENDATIONS 58 are ADOPTED in FULL; and Defendant Cate and the retaliation claims against all defendants contained in the third amended complaint # 49 (docketed as the "second amended complaint") are DISMISSED. (Reader, L)
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Filing
77
ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/2012 ORDERING that plaintiff's 74 motion for law library access is DENIED; plaintiff's opposition to the motion to dismiss is due within 21 days. (Yin, K)
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Filing
76
ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 09/13/12 and ORDERING that plaintiff's 24 Motion for a court order and 35 motion to be transferred, construed as Motions for injunctive relief, are DENIED. (Benson, A.)
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Filing
75
ORDER signed by Judge Kimberly J. Mueller on 9/11/2012 FINDINGS AND RECOMMENDATIONS 56 are ADOPTED in FULL; and plaintiff's 50 Motion for Preliminary Injunction is DENIED. (Reader, L)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/12 DENYING 57 Motion to file a motion for default judgment construed as a request for entry of default, is DENIED. (Dillon, M)
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Filing
58
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/07/12 recommending that defendant Cate and the retaliation claims against all defendants contained in the third amended complaint filed 06/11/12 (docketed as the "second amended complaint") be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
56
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/20/12 recommending that plaintiff's motion for a preliminary injunction 50 be denied. MOTION for PRELIMINARY INJUNCTION 50 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/12 denying 40 Motion to Appoint Counsel. (Dillon, M)
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Filing
37
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/11/12 recommending that plaintiff's motion for a court order 24 and motion to be transferred 35 construed as motion for injunctive relief be denied. Motions 24 and 35 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
34
ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/6/12, which incorporate the order also filed 1/6/12 16 are ADOPTED in full; Defendant Cate is DIMISSED. (Mena-Sanchez, L)
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Filing
33
ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/12 ORDERING that 28 motion for leave to amend is DENIED; 29 Motion for a court order is DENIED. (Dillon, M)
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Filing
16
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/2012 RECOMMENDING that defendant Cate be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2011 ORDERING that pltf's 2 request to proceed IFP is GRANTED; pltf to pay the $350.00 filing fee with an initial partial filing fee in accordance w/ the concurrent CDC order; pltf's complaint is DISMISSED; within 30 days, pltf to complete and return the Notice of Amendment with the required documents; and pltf's 3 motion for appointment of counsel is DENIED. (Yin, K)
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