Arocha v. Sauceda et al
| Rudy Arocha |
| E. Sauceda, Pilgrim, S. Hart, Miranda, Munoz, Alziebler, Abshire, D. Hernandez, Rogel, Hetima, Mechado, Bueno, - Subia, Brunnel, McDonald, Michael and CDCR |
| 2:2011cv02959 |
| November 7, 2011 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Kendall J. Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
149
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/6/15 ORDERING that defendants motion to dismiss (ECF No. 114) is VACATED; and it is RECOMMENDED that Defendants motion for summary judgment (ECF No. 111 ) be granted; Plaintiffs motion to stay (ECF No. 148 ) be denied; and this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
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Filing
139
ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/15 ordering that plaintiff's motions for extension of time 132 and 136 are granted; plaintiff is granted 30 days to file a supplemental opposition to defendants' summary judgmen t motion and an opposition to defendants' motion to dismiss; defendants may file a reply to plaintiff's oppositions within 14 days thereafter; no further requests for extension of time will be granted; plaintiff's request to stay this action 136 is denied. (Plummer, M)
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Filing
128
ORDER adopting in full 124 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 11/6/14. Defendant Montanez is DISMISSED. (Kastilahn, A)
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Filing
127
ORDER denying 126 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 10/29/14. (Plummer, M)
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Filing
124
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/17/2014 RECOMMENDING that defendant Montanez be dismissed. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days.(Yin, K)
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Filing
122
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 09/17/14 ordering that within 14 days plaintiff shall show cause why plaintiff should not be sanctioned and/or why this action should not be dismissed for his failure to file oppositions to defendants' pending motions. (Plummer, M)
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Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/14 ORDERING that Plaintiffs motion for the appointment of counsel and to compel (ECF No. 118 ) is denied without prejudice; Plaintiffs motion for an extension of time (ECF No. 116 ) is granted; and Plaintiff is granted sixty days from the date of this order in which to file and serve his oppositions to defendants motion for summary judgment and motion to dismiss. (Dillon, M)
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Filing
112
ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/14 ORDERING that Defendants motions to dismiss (ECF Nos. 98 and 103 ) are denied without prejudice; Defendants may file and serve, within 30 days after the filing date of this order, mot ions for summary judgment addressing administrative exhaustion that include notice to plaintiff of the evidentiary requirements for opposing the motion. Defendants may file and serve, within 30 days after the filing date of this order, motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).(Dillon, M)
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Filing
109
ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/14 ORDERING that Plaintiffs motion to stay (ECF No. 108 ) is denied; Plaintiffs motion for an extension of time (ECF No. 108 ) is granted; plaintiff is granted thirty days from the date of this order in which to file his oppositions to defendants motions to dismiss; defendants may file a reply within seven days thereafter; The findings and recommendations addressing defendants motions to dismiss (ECF No. 104 and 106 ) are vacated.(Dillon, M)
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Filing
106
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/07/14 recommending that the motion to dismiss 103 filed by defendant Rogel be granted. MOTION to DISMISS 103 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
104
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/25/14 recommending that the motion to dismiss 98 filed by defendants Hart and Munoz be granted. MOTION to DISMISS 98 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
100
ORDER adopting in full 93 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 1/27/14: Defendants' motion to dismiss 66 is granted. (Kaminski, H)
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Filing
97
ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/14 ORDERING that the Clerk of the Court is directed to send to plaintiff one USM-285 forms, along with an instruction sheet and a copy of the third amended complaint filed January 9, 2013 ; and within 60 days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: One completed USM-285 form for each defendant; Two copies of the endorsed complaint filed January 9, 2013; and one completed summons form (if not previously provided) or show good cause why he cannot provide such information.(Dillon, M)
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Filing
93
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/19/2013 DENYING plaintiff's 85 motion for leave to file a supplemental opposition to defendants' motion to dismiss; and RECOMMENDING that defendants' 66 motion to dismiss be granted. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
90
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/13 vacating 83 FINDINGS AND RECOMMENDATIONS and denying 87 Motion for leave to file a supplemental complaint. The clerk of the court shall send plaintiff 1 USM-285 form and 1 summons to be completed and returned within 30 days. (Plummer, M)
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Filing
83
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/08/13 ORDERING the clerk of the court shall assign a District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assined to this action. Also, RECOMMENDING that defendants Munoz and Montanez be dismissed. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/2013 DENYING 70 Motion for Extension of Time; DENYING 73 Motion to Compel as to the request for information regarding the locations of Defendants Munoz and Montanez; GRANTING 73 Motion to Compel Defendants to provide additional information for service of Defendant Hart; ORDERING the defendants to conduct an inquiry regarding the location of Defendant Hart and to provide the information set forth within thirty (30) days; DIRECTING the U.S. Marshal to treat all information regarding Defendant Hart's private address as confidential. (cc: USM) (Michel, G)
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Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2013 ORDERING that, within 21 days, plaintiff shall file an opposition, if any, to the 66 motion to dismiss. (Yin, K)
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Filing
75
ORDER denying 71 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 09/17/13. (Plummer, M)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 8/14/13 ORDERING that the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the amended complaint filed January 9, 2013; w ithin 60 days from the date of this order, plaintiff shall complete and submit the Notice of Submission of Documents to the court, with One completed USM-285 form for defendant S. Hart; Two copies of the endorsed complaint filed January 9, 2013; and one completed summons form (if not previously provided) or show good cause why he cannot provide such information.(Dillon, M)
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Filing
54
ORDER signed by Magistrate Judge Kendall J. Newman on 7/3/13 ORDERING that Clerk of the Court is directed to send to plaintiff two USM-285 forms, along with an instruction sheet and a copy of the third amended complaint filed January 9, 2013 to be completed and returned within 60 days.(Dillon, M)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/2013 DENYING, as unnecessary, plaintiff's 46 motion for an extension of time; and DENYING, plaintiff's 47 motion for reconsideration. (Yin, K)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/12 ordering plaintiff's motions for leave to file a third amended complaint that exceeds 20 pages 30 and 32 are denied. Plaintiff's third amended complaint 31 is dismissed. Plaintiff is gratned 30 days to file a third amended complaint that is no longer than 30 pages long. (Plummer, M)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/12 ORDERING that Plaintiff's MOTION for Relief from Judgment 28 , construed as a Request to Vacate the 7/20/12 Order, is GRANTED. Plaintiff is GRANTED thirty days to file a third Amended Complaint. The Clerk is directed to re-serve Plaintiff with the 5/31/12 Order 25 . (Mena-Sanchez, L)
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Filing
25
ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 ORDERING that plaintiffs second amended complaint 21 is DISMISSED with leave to file a third amended complaint within 30 days of the date of this order; if plaintiff does not file a third amended complaint, this action will proceed on the colorable claims contained in the first amended complaint. (Dillon, M)
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Filing
24
ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that plaintiffs motions for injunctive relief 2 , 22 are DENIED.(Dillon, M)
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Filing
11
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rudy Arocha signed by Magistrate Judge Kendall J. Newman on 12/09/11. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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