Barron v. Cate et al
| Anthony Raul Barron |
| Matthew Cate, Gary Swarthout, A. Alcaraz, J. Whitfield, R. L. Bond, W. A. Rodriguez, T. Moore, J. Guillory, S. Feudner, Martinez, Lopez, J.S. Fowler, L. Thao, J.W. Haviland, J.V. Sandoval, J. Popovits, V. Singh, K.J. Allen, D. Foston, R. Soria, Vince Lawson, John Jefferson, R.W. Cappell and Dawn Lorey |
| 2:2011cv02678 |
| October 11, 2011 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Gregory G. Hollows |
| John A. Mendez |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
110
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/27/2017 RECOMMENDING plaintiff's 102 motion for summary judgment be denied; defendant's 103 motion for summary judgment be granted; and judgment be entered for defendant. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K)
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Filing
107
ORDER signed by Magistrate Judge Allison Claire on 1/9/17 ORDERING that defendant shall, on or before Friday, January 13, 2017, at 12:00 p.m. (noon), file and serve a statement (set forth in defendant's reply or a supplemental reply) that addr esses the impact of Judge Mendez' assessments of plaintiff's claims of custodial interrogation and retaliation on the merits of the pending motions for summary judgment. The Clerk of Court is directed to rename this case to indicate that defendant J. Whitfield is the sole remaining defendant.(Dillon, M)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 11/28/16 ORDERING that defendant's 99 request this action proceed without application of Local Rule 230(l) is GRANTED. The parties shall notice, file, serve and brief their dispositive motions in accordance with the deadlines and requirements set forth in Local Rule 230(b)-(h).(Dillon, M)
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Filing
98
ORDER signed by Magistrate Judge Allison Claire on 11/01/16 ordering that, within fourteen (14) days after the filing date of this order, defendant Whitfield shall serve on plaintiff the following documents: An unredacted copy of the Miranda Admonis hment section of page 36 of the PDF document entitled Interviews and Interrogations for the CDC Investigator. Matter other than the text following the heading Miranda Admonishment may be redacted from page 36 of the PDF document. A copy of the CDCR-1 28B Form dated September 23, 2016, found at page 11 of Appeal Log No. SOL-06-03714, redacted to exclude any information that could identify the nonparty inmate. Plaintiffs motion to compel, 89 , is denied as to all other materials reviewed in camera pursuant to this courts previous order, 92 . The dispositive motion deadline in this action remains December 9, 2016. (Plummer, M) Modified on 11/2/2016 (Plummer, M).
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Filing
92
ORDER signed by Magistrate Judge Allison Claire on 09/29/16 granting in part and denying in part 89 Motion to Compel. (See order for further details.) Plaintiff's remaining discovery challenges and request for sanctions are denied. The dispositive motion deadline is extended to 12/09/16. (Plummer, M)
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Filing
84
ORDER signed by Magistrate Judge Allison Claire on 5/04/16 granting in part and denying in part 77 Motion to Compel. Within 30 days after the filing date of this order, defendant shall serve on plaintiff the following additional discovery, (See o rder for further details). Also within 30 days after the filing date of this order, defendant shall file with the court a copy of all matters served on plaintiff pursuant to this order. Subject to the above exceptions, discovery has closed in this action; the deadline for filing dispositive motions is hereby extended to 10/14/16. (Plummer, M)
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Filing
83
ORDER signed by Magistrate Judge Allison Claire on 1/05/16 ordering that the 1/29/16 deadline for filing dispositive motions in this action is vacated until further order of this court. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Allison Claire on 7/27/2015 DENYING without prejudice, Plaintiff's 75 motion for appointment of counsel. (Reader, L)
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Filing
72
ORDER signed by Judge John A. Mendez on 6/9/2015 FINDINGS AND RECOMMENDATIONS 69 are ADOPTED in FULL; The motion for summary judgment 41 filed by defendant Alcaraz, premised on plaintiff's alleged failure to exhaust his administrative remedi es, is GRANTED. The motion for summary judgment 62 filed by defendants Whitfield, Swarthout and Cate, premised on plaintiff's alleged failure to exhaust his administrative remedies, is GRANTED as to defendants Swarthout and Cate, and DENIED as to defendant Whitfield. Plaintiff's claims against defendants Alcaraz, Swarthout and Cate are DISMISSED without prejudice. This action shall proceed only on plaintiff's First Amendment retaliation claim against defendant Whitfield. (Reader, L)
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Filing
69
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/5/15 RECOMMENDING that the motion for summary judgment filed by defendant Alcaraz, ECF No. 41 , premised on plaintiffs alleged failure to exhaust his administrative remedi es, should be granted. The motion for summary judgment filed by defendants Whitfield, Swarthout and Cate, ECF No. 62 , premised on plaintiffs alleged failure to exhaust his administrative remedies, should be granted as to defendants Swarthout and Cate, and denied as to defendant Whitfield. Plaintiffs claims in this action against defendants Alcaraz, Swarthout and Cate, should be dismissed without prejudice. This action should proceed only on plaintiffs First Amendment retaliation claim against defendant Whitfield. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
52
ORDER signed by Magistrate Judge Allison Claire on 8/4/14 GRANTING 51 Motion. All discovery shall be stayed until the Court rules on DefendantAlcarazs motion for summary judgment for failure to exhaust.(Dillon, M)
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Filing
37
ORDER signed by Judge John A. Mendez on 12/18/13 ORDERING for the reasons set forth above, the Court GRANTS Plaintiff's Motion 31 for Reconsideration in part and DENIES in part. Plaintiff's retaliation claim against Defendant Alcaraz is reinstated. (Becknal, R)
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Filing
35
ORDER signed by Magistrate Judge Allison Claire on 6/28/2013 GRANTING plaintiff's 30 motion for 20-day extension of time; plaintiff's 4/22/13 third amended complaint is DEEMED TIMELY FILED; and DENYING, without prejudice to its renewal, defendant's 34 request for screening. (Yin, K)
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Filing
29
ORDER signed by Judge John A. Mendez on 3/12/2013 ORDERING 17 Plaintiff may proceed with the retaliation claim against Defendant Whitfield and the discrimination claim against Defendant Alcaraz; Plaintiff is given LEAVE to amend his Eighth Amendment claim within 20 days consistent with this Order; Plaintiff's remaining claims are DISMISSED with prejudice. (Reader, L)
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Filing
17
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/24/2012 ORDERING that 16 motion to appoint counsel is DENIED without prejudice; and RECOMMENDING that all defendants and claims be dismissed except the claim of retaliation against defendant Alcaraz and Fowler. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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Filing
12
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/12/2012 ORDERING that the amended complaint is DISMISED with leave to file a second amended complaint within 28 days; the second amended complaint may not exceed 30 pages in length including exhibits.(Yin, K)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 11/17/11 ORDERING the director of the CDC to collect an initial partial filing fee of $20.00 and thereafter, forward payment from the prison trust account of Antho ny Raul Barron to the clerk until the balance of $330 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 PrisonerPayment Orders ). (Dillon, M)
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