O'Keefe v. Cate
| Timothy O'Keefe |
| Matthew Cate |
| 2:2011cv02659 |
| October 5, 2011 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| 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
340
ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/2020 DEEMING RESOLVED the concerns raised by Plaintiff in his letter filed 9/10/2020. (Henshaw, R)
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Filing
338
ORDER signed by Magistrate Judge Kendall J. Newman on 08/01/19 DENYING 334 motion to vacate or set aside the settlement. (Plummer, M)
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Filing
332
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/2019 ORDERING Plaintiff to file a complete copy of the declaration filed 4/8/2019 within 14 days of the date of this order. (Henshaw, R)
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Filing
329
ORDER signed by Magistrate Judge Kendall J. Newman on 3/20/2019 ORDERING Counsel for Defendants to file a response to 328 Plaintiff's claim that $1050 of the money he received from the settlement was improperly removed from his trust account and applied toward his restitution, within 15 days of the date of this order.(Henshaw, R)
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Filing
326
ORDER signed by Magistrate Judge Kendall J. Newman on 12/6/2018 ORDERING, within 10 days, counsel for defendants shall provide plaintiff with copies of the two documents discussed in plaintiff's 325 letter filed 10/4/2018, which relate to the terms of the settlement; and defense counsel shall file proof of service within that time. (Yin, K)
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Filing
315
ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2018 DENYING 313 Motion to Appoint Counsel to Represent Plaintiff at Settlement Conference. Upon receipt of this order, defendants shall immediately direct officials at CHCF to provide plaintiff with access to his legal property related to this action; on or before 9/4/2018, defendants shall file a status report addressing plaintiffs access to his legal property. (Henshaw, R)
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Filing
312
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/15/18 ORDERING the Custodian to produce Timothy O'Keefe on 9/11/18 at 1:30 p.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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 shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
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Filing
301
ORDER signed by Magistrate Judge Kendall J. Newman on 5/1/2018 GRANTING 298 Motion for Extension of Time. Plaintiff granted up to and including 6/4/2018 in which to file objections to 296 Findings and Recommendations. (Henshaw, R)
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Filing
297
ORDER signed by Magistrate Judge Kendall J. Newman on 4/11/18 ORDERING that within thirty days from the date of this order, the parties shall file the attached notice, informing the court 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. Plaintiff shall also indicate his preference to appear in person or by videoconference, if available. (Plummer, M)
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Filing
296
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/9/2018 RECOMMENDING defendants' 291 motion for summary judgment be granted as to defendant Wynn, and defendants' summary judgment motion be denied in all other respects. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
293
ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/2018 GRANTING 292 Motion for Extension of Time. Plaintiff to have up to and including 3/15/2018 in which to file an opposition to 291 Motion for Summary Judgment. (Henshaw, R)
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Filing
288
ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/17 ORDERING that the Clerk of the Court is directed to serve plaintiff's letter filed 11/27/17 287 on Supervising Deputy Attorney General Christopher Becker. (cc: Christopher Becker, Attorney General) (Plummer, M)
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Filing
284
ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2017 DENYING 283 Motion for the Appointment of Counsel and ORDERING Defendants to file, within 30 days of the date of this order, a supplemental summary judgment motion, as discussed in this order. (Henshaw, R)
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Filing
282
ORDER signed by District Judge Kimberly J. Mueller on 9/29/2017 ADOPTING 272 Findings and Recommendations; GRANTING 257 Motion for Summary Judgment as to the plaintiff's Eighth Amendment claims against all defendants in their individual capa cities, including the plaintiff's claim for punitive damages, and as to the plaintiff's claims against Defendants Spearman and Silva in their official capacities; ORDERING that this case proceed solely on the plaintiff's claim for inju nctive relief against Defendants Deputy Director of CDCR Statewide Mental Health Program (Belavich), Sirkin, Wynn and Howlin in their official capacities; REFERRING this matter back to Magistrate Judge Kendall J. Newman for further proceedings. (Michel, G.)
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Filing
272
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/25/16 ORDERING that the Deputy Director of the CDCR Statewide Mental Health Program who replaced defendant Belavich is substituted in his place as a defendant p ursuant to Federal Rule of Civil Procedure 25. Also, RECOMMENDING that defendants' summary judgment motion 257 be granted but for plaintiff's claim for injunctive relief against defendants Sirkin, Howlin and the Deputy Director of the CDCR Statewide Mental Health Program. MOTION for SUMMARY JUDGMENT 257 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
253
ORDER ADOPTING 5/14/2015 209 and 6/19/2015 217 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Kimberly J. Mueller on 2/3/2016. Plaintiff's 5/6/2015 203 Motion for Injunctive Relief is DENIED. Plaintiff's 6/26/2015 [22 1] Motion for Extension of Time is DENIED as UNNECESSARY. Plaintiff's 5/28/2015 212 Motion and plaintiffs 6/11/2015 215 Motion for Court to put his transfer on hold, construed as a Motion forInjunctive Relief, are DENIED. Requests for Appointment of Counsel contained in plaintiff's 6/24/2015 219 and 6/29/2015 222 Objections are DENIED. (Marciel, M)
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Filing
252
ORDER signed by District Judge Kimberly J. Mueller on 1/20/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/1/15 234 are ADOPTED in full; and Plaintiff's MOTION for Preliminary Injunction 223 is DENIED without prejudice. (Mena-Sanchez, L)
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Filing
250
ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/16 ordering plaintiff's motion to enjoin defendant Muniz as a defendant 244 is denied. Plaintiff's motion for appointment of an expert witness 245 is denied. Plaintiff's request that the court order defendants to respond to his request for production of documents 246 is denied. Plaintiff's motion for appointment of counsel 249 is denied. (Plummer, M)
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Filing
240
ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 denying 238 Motion to Appoint Counsel and for law library access. (Plummer, M)
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Filing
234
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/01/15 recommending that plaintiff's motion for injunctive relief 223 be denied without prejudice. MOTION for PRELIMINARY INJUNCTION 223 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
228
ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2015 ORDERING that within 10 days, defendants shall file a status report addresssing the status of their settlement negotiations with plaintiff (although the do not need to reveal any confidential information), and the impact of plaintiff's proposed transfer to SVSP on the settlement negotiations.(Yin, K)
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Filing
220
ORDER vacating 93 Motion for Preliminary Injunction signed by Magistrate Judge Kendall J. Newman on 06/26/15. (Plummer, M)
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Filing
217
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/19/15 recommending that plaintiff's motion to stay 212 and plaintiff's motion for the court to put his transfer on hold 215 construed as a motion for injunctive relief be denied. Motions 212 and 215 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
213
ORDER denying 210 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 05/29/15. (Plummer, M)
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Filing
209
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/2015 RECOMMENDING that plaintiff's 203 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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Filing
200
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 04/28/15 ORDERING that within 10 days, defendant Belavich shall show cause why sanctions should not be imposed for his failure to file a response to the fifth amended complaint in compliance with the 173 01/23/15 Order. (Benson, A)
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Filing
191
ORDER signed by Judge Kimberly J. Mueller on 3/18/15 ORDERING that Plaintiff's MOTION for Extension of time 177 is DENIED; The FINDINGS AND RECOMMENDATIONS filed 1/23/15 174 are ADOPTED in full; and Defendants Hoffman, Heatsie, Bonilla, Brown and Beard and Plaintiff's claim alleging a violation of due process based on Defendants' failure to transfer him to RJDCF are DISMISSED. (Mena-Sanchez, L)
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Filing
188
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/12/15 ORDERING that within five days of the date of this order, defendants shall show cause why sanctions should not be imposed for their failure to file a response to Plaintiff's request for a transfer on or before 3/6/15.(Mena-Sanchez, L)
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Filing
174
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/15 recommending that defendants Hoffman, Heatsie, Bonilla, Brown and Beard and plaintiff's claim alleging a violation of due process based on defendants' failure to transfer him to RJDCF be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
168
ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/14 ORDERING that Plaintiff is granted 30 days from the date of this order to file a fifth amended complaint raising claims regarding his alleged failure to receive treatment for voyeurism and exhibitionism at Soledad; defendants are not required to respond to the fifth amended complaint until ordered by the court; if plaintiff does not file a fifth amended complaint within that time, the undersigned will recommend that this action be dismissed as moot; Defendants motion to dismiss 135 is vacated; Plaintiffs motion to substitute the new warden of Corcoran as a defendant 133 is denied as unnecessary; and Plaintiffs motions to amend and motion for a stay 162 , 165 are disregarded as the court has granted plaintiff thirty days to file a fifth amended complaint.(Dillon, M)
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Filing
159
ORDER adopting 136 FINDINGS AND RECOMMENDATIONS in full signed by Judge Kimberly J. Mueller on 7/30/14: Plaintiff's motion for injunctive relief 134 is denied and the case is referred back to the magistrate judge for further proceedings. (Kaminski, H)
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Filing
156
ORDER signed by Magistrate Judge Kendall J. Newman on 07/23/14 ordering the clerk of the court is directed to serve a copy of plaintiff's 07/14/14 letter 153 on defendants. (Plummer, M)
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Filing
149
ORDER signed by Magistrate Judge Kendall J. Newman on 07/09/14 denying 146 Motion to Appoint Counsel. The clerk of the court is directed to serve a copy of plaintiff's 07/07/14 letter 145 on defendants. (Plummer, M)
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Filing
144
ORDER denying 141 Motion for law library access signed by Magistrate Judge Kendall J. Newman on 06/25/14. (Plummer, M)
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Filing
142
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/14 ORDERING that plaintiffs request for production of documents 140 will be placed in the court file and disregarded.(Dillon, M)
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Filing
136
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/1/2014 RECOMMENDING that plaintiff's 134 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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Filing
130
ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2014 ORDERING that plaintiff's 125 motion for access to his legal property is DENIED. (Zignago, K.)
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Filing
116
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/29/14 recommending the dismissal of the following claims and defendants: 1) plaintiff's claim seeking systemic changes regarding California Department of Corrections and Rehabilitation's treatment of inmates with voyeurism and exhibitionism; 2) plaintiff's claim alleging that his failure to receive mental health care violated his right to due process; 3) plaintiff's claim that defendants' fai lure to return him to R.J. Donovan Correctional Facility was retaliatory and violated his constitutional rights; 4) defendant Brown, Cate, Beard, Higgins, Paramo, Seibel, Greenwald, McCarthy and Shuman. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/13 denying motions to stay 101 , 109 . Plaintiff is granted 30 days to file either a fourt amended complaint addressing the conditions at Corcoran or a motion to voluntarily dismiss this action without prejudice; the court will screen a fourth amended complaint; defendants shall file either a statement of opposition or non-opposition to a motion to voluntarily dismiss within 14 days of its filing. (Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2013 ORDERING the Clerk shall serve a copy of plaintiff's 93 motion for injunctive relief on counsel of record, Aldo S. Zilli, and Supervising Deputy Attorney General Monica N. Anderson; within 3 days, defendants shall file a status report addressing plaintiff's mental health status. (cc: Monica Anderson)(Yin, K)
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Filing
94
ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/13 granting 90 Motion to Stay. This action is administratively stayed until 11/16/13, or if plaintiff notifies the court that he has been returned to the R.J. Donovan Correctional Facility prior to that time. (Plummer, M)
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Filing
87
ORDER signed by Judge Kimberly J. Mueller on 7/30/2013 ADOPTING, in full, 76 Findings and Recommendations; DENYING 75 Motion for Preliminary Injunction construed as a Motion for Temporary Restraining Order. (Michel, G)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/13 ORDERING that plaintiffs third amended complaint is DISMISSED with 30 days leave to file a fourth amended complaint. (Dillon, M)
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Filing
76
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/7/13 RECOMMENDING that plaintiffs February 4, 2013 motion 75 , construed as a motion for temporary restraining order, be denied without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 12/28/12 ORDERING that Defendants request for judicial notice 47 is granted; Defendants July 5, 2012 motion to dismiss 46 is granted; Defendant Higgins October 23, 2012 motion to dismiss 66 is granted; Plaintiffs second amended complaint 21 is dismissed with 30 days leave to amend.(Dillon, M)
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Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/12 ORDERING that 55 request for service of additional defendants.(Dillon, M)
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Filing
54
ORDER denying 51 Plaintiff's Motion to Appoint Counsel, signed by Magistrate Judge Kendall J. Newman on 7/24/12. (Kastilahn, A)
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Filing
50
ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2012 DISREGARDING plaintiff's 13 letter requesting injunctive relief. (Yin, K)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/12 ORDERING that the portion of the 41 order directing the United States Marshal to serve Chief Psychologist Belavich is VACATED; the United States Marshal shall proceed to serve Chief Psyc hiatrist Karen Higgins; Defendant Chief Psychologist is DISMISSED; If plaintiff intends to name Director of Mental Health Timothy Belavich as a defendant, he must file a motion to amend and proposed amended complaint naming Director of Mental Health Timothy Belavich as a defendant; and the Clerk of the Court is directed to serve a copy of this order on the United States Marshal. (cc USM)(Dillon, M)
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Filing
36
ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 DENYING without prejudice 35 Motion for an additional USM-285 form. (Dillon, M)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 04/30/12 denying 9 Motion for injunctive relief. (Plummer, M)
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Filing
19
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Timothy O'Keefe signed by Magistrate Judge Kendall J. Newman on 1/5/2012. CDC is to collect an initial partial filing fee and thereafter the balance and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
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Filing
11
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/06/11 ordering that within 14 days of the date of this order, plaintiff shall show cause why this action should not be dismissed for his failure to file an in forma pauperis application or pay the filing fee. (Plummer, M)
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Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/11 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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| Plaintiff: Timothy O'Keefe | |
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| Defendant: Matthew Cate | |
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