O'Keefe v. Cate

Plaintiff: Timothy O'Keefe
Defendant: Matthew Cate
Case Number: 2:2011cv02659
Filed: October 5, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
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
August 1, 2019 Opinion or Order 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)
May 6, 2019 Opinion or Order 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)
March 20, 2019 Opinion or Order 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)
December 6, 2018 Opinion or Order 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)
August 29, 2018 Opinion or Order 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)
August 15, 2018 Opinion or Order 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)
May 1, 2018 Opinion or Order 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)
April 11, 2018 Opinion or Order 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)
April 9, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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)
December 12, 2017 Opinion or Order 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)
October 24, 2017 Opinion or Order 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)
September 29, 2017 Opinion or Order 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.)
July 25, 2016 Opinion or Order 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)
February 4, 2016 Opinion or Order 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)
January 21, 2016 Opinion or Order 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)
January 14, 2016 Opinion or Order 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)
October 22, 2015 Opinion or Order 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)
October 1, 2015 Opinion or Order 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)
September 8, 2015 Opinion or Order 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)
June 26, 2015 Opinion or Order Filing 220 ORDER vacating 93 Motion for Preliminary Injunction signed by Magistrate Judge Kendall J. Newman on 06/26/15. (Plummer, M)
June 19, 2015 Opinion or Order 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)
May 29, 2015 Opinion or Order Filing 213 ORDER denying 210 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 05/29/15. (Plummer, M)
May 14, 2015 Opinion or Order 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)
April 29, 2015 Opinion or Order 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)
March 19, 2015 Opinion or Order 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)
March 12, 2015 Opinion or Order 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)
January 23, 2015 Opinion or Order 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)
October 24, 2014 Opinion or Order 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)
July 31, 2014 Opinion or Order 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)
July 23, 2014 Opinion or Order 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)
July 9, 2014 Opinion or Order 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)
June 25, 2014 Opinion or Order Filing 144 ORDER denying 141 Motion for law library access signed by Magistrate Judge Kendall J. Newman on 06/25/14. (Plummer, M)
June 9, 2014 Opinion or Order 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)
May 1, 2014 Opinion or Order 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)
April 2, 2014 Opinion or Order 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.)
January 29, 2014 Opinion or Order 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)
December 20, 2013 Opinion or Order 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)
September 25, 2013 Opinion or Order 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)
September 18, 2013 Opinion or Order 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)
July 31, 2013 Opinion or Order 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)
May 6, 2013 Opinion or Order 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)
February 8, 2013 Opinion or Order 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)
January 2, 2013 Opinion or Order 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)
August 10, 2012 Opinion or Order 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)
July 25, 2012 Opinion or Order Filing 54 ORDER denying 51 Plaintiff's Motion to Appoint Counsel, signed by Magistrate Judge Kendall J. Newman on 7/24/12. (Kastilahn, A)
July 20, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2012 DISREGARDING plaintiff's 13 letter requesting injunctive relief. (Yin, K)
July 18, 2012 Opinion or Order 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)
May 31, 2012 Opinion or Order 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)
May 1, 2012 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 04/30/12 denying 9 Motion for injunctive relief. (Plummer, M)
January 6, 2012 Opinion or Order 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)
December 7, 2011 Opinion or Order 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)
October 20, 2011 Opinion or Order 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: O'Keefe v. Cate
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Timothy O'Keefe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Matthew Cate
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?