Florence v. Nangalama et al
| David Florence |
| A. W. Nangalama, C. Bakewell, K. Sarver, D. MaDowel, J. Bal and S. Hermann |
| 2:2011cv03119 |
| November 22, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
181
ORDER signed by District Judge Troy L. Nunley on 1/13/2021 ADOPTING 176 Findings and Recommendations in full; DISMISSING Plaintiff's Claims One, Six, and Twelve as to Defendants Bal, Bakewell, and Hermann without leave to amend; and This CASE is DISMISSED; CASE CLOSED. (Mena-Sanchez, L)
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Filing
176
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/17/20 RECOMMENDING that plaintiff's claims 1, 6 and 12 as to defendants Bal, Bakewell and Hermann should be dismissed without leave to amend. Judgment should be entered; and this case should be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
170
ORDER signed by District Judge Troy L. Nunley on 7/11/2019 DENYING 164 Motion for a New Trial, 166 Request for Trial Transcripts, and 163 Motion to Appoint Counsel. (cc: Court Reporters Sacramento) (York, M)
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Filing
140
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 12/5/2018 ORDERING the Custodian to produce David Florence at 9:00 a.m. on 1/14/2019 in Courtroom #2 before the Honorable Troy L. Nunley. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)
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Filing
130
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/14/2018 ORDERING Custodian to produce David Florence via video conferencing at 1:30 p.m. on 3/2/2018 before the Honorable U.S. District Judge Garland E. Burrell, Jr. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: IT Dept) (Henshaw, R)
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Filing
128
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/31/2018 ORDERING the Custodian to produce David Florence at 1:30 p.m. on 3/2/2018 in Courtroom #10 before U.S. District Judge Garland E. Burrell, Jr. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)
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Filing
125
ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/2017 DENYING 124 Motion to Amend Pretrial Statement; DIRECTING Clerk of Court to remove affidavits of plaintiff's rebuttal witnesses from plaintiff's motion (ECF No. 124 at 7-1 2), and docket as "Plaintiff's proposed rebuttal witnesses' affidavits". Plaintiff to file a motion to produce such rebuttal witnesses at trial within 30 days, but is not required to re-file the previously-provided affidavits. (Henshaw, R)
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Filing
123
ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2017 DISREGARDING plaintiff's 10/18/2017 filing 122 and GRANTING plaintiff 30 days to file specific objections to the 116 pretrial order. Failure to timely comply with this order will result in the issuance of the final pretrial order.(Yin, K)
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Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/2017 GRANTING 118 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order in which to file objections to the pretrial order. (Henshaw, R)
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Filing
115
ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 DENYING AS MOOT 114 Motion. (Henshaw, R)
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Filing
110
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/12/17 ordering the Custodian to produce David Florence on 7/13/17 at 10:00 a.m. in courtroom 8 before Magistrate Judge Edmund F. Brennan. Cus todian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: EFB and OTCD)(Plummer, M) Modified on 6/12/2017 (Plummer, M).
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Filing
97
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2016 DENYING without prejudice plaintiff's 94 motion for the appointment of counsel. (Yin, K)
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Filing
93
ORDER signed by District Judge Garland E. Burrell, Jr on 7/5/2016 FINDINGS AND RECOMMENDATIONS 88 are ADOPTED in FULL; Defendants' 73 Motion for Summary Judgment is DENIED as to plaintiff's claim that defendant Colter retaliated against plaintiff on 3/23/2011, and GRANTED in all other respects; and this matter is returned to the assigned magistrate judge for further scheduling. (Reader, L)
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Filing
88
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/9/16 RECOMMENDING that Defendants motion for summary judgment (ECF No. 73 ) be denied as to plaintiffs claim that defendant Colter retaliated against plaintiff on March 23, 2011, and granted in all other respects; and this matter be returned to the undersigned for further scheduling. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/15 ORDERING that the Plaintiff's Rule 56(d) motion is GRANTED in part as follows: within 14 days defendants shall confirm whether video footage of the 3/23/11 incidents exist and what ar rangements they have made for plaintiff to view the footage if it does exist. Defendants shall produce to plaintiff within 14 days the 2/14/11 inmate medical movement sheet. In all other respects the request for additional discovery is DENIED. The [7 9] Motion for Extension of Time to file an opposition to the motion for summary judgment is GRANTED. The 81 Motion to Stay the ruling on the motion for summary judgment is PARTIALLY GRANTED and plaintiff shall either file a revised opposition or a notice confirming his choice to stand on the 5/12/15 opposition within 60 days. Defendants shall file a reply 14 days thereafter. (Manzer, C)
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Filing
77
ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/15 ORDERING that Plaintiff's March 12, 2015 motion 72 is partially granted: Within 14 days from the date of this order, defendants shall confirm whether a video of the incident on February 28, 2011 exists, and if such video does exist, what arrangements defendants have made for plaintiff to view the video. Within 14 days from the date of this order, defendants shall respond to plaintiff's contentions concerning res ponses to the requests for production of documents and answers to interrogatories; seven days thereafter, plaintiff may file a reply. In all other respects, plaintiffs motion 72 is denied. Within 21 days from the date of this order, plaintiff may file a Rule 56(d) request. Defendants' response shall be filed seven days thereafter.(Dillon, M)
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Filing
71
ORDER denying 62 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 03/12/15. (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 03/03/15 ordering that plaintiff's motion 69 is denied without prejudice. (Plummer, M)
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Filing
66
ORDER signed by Magistrate Judge Kendall J. Newman on 1/15/2015 DEEMING defendant Bakewell's motion for reconsideration is timely filed; defendant Bakewell's 51 motion for reconsideration is GRANTED; and the 3/25/14 order 42 is VACATED. (cc: USM)(Yin, K)
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Filing
61
ORDER signed by Judge Garland E. Burrell, Jr on 10/30/2014 ADOPTING 59 Findings and Recommendations in full and DENYING 58 Motion for injunctive relief without prejudice. (Donati, J)
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Filing
59
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/18/14 recommending that plaintiff's motion for injunctive relief 58 be denied without prejudice. Motion for injunctive relief 58 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
52
ORDER signed by Judge Garland E. Burrell, Jr on 8/15/14 ORDERING that the findings and recommendations filed 7/22/14, are adopted in full; Defendants' motion to dismiss 34 is granted as to claims nine and ten against defendant McDowell, and denied as to plaintiff's retaliation claim against defendant Lopez; and Defendants Lopez, Baider and Nangalama are directed to file a responsive pleading within fourteen days from the date of this order. (Becknal, R)
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Filing
46
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/22/14 ORDERING that Defendant Sarvers notice of joinder in the moving defendants motion to dismiss (ECF No. 40 ) is DENIED; and within fourteen days from the d ate of this order, defendant Sarver shall file a responsive pleading. It is RECOMMENDED that Defendants motion to dismiss (ECF No. 34 ) be granted as to claims nine and ten against defendant McDowell, and denied as to plaintiffs retaliation claim against defendant Lopez; and Defendants Lopez, Baider, and Nangalama be directed to file a responsive pleading within fourteen days from any district court order adopting the instant findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
45
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 07/18/14 ordering defendant Bakewell shall show cause within 21 days from the date of this order, why default should not be entered. The clerk of the court shall forward a copy of this order, as well as a copy of the 03/25/14 order taxing costs 42 to defendant C. Bakewell at her personal residential address to be obtained from the U.S. Marshal 38 by the clerk, and the clerk of the court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General.(cc: Monica Anderson, AG)(Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 03/25/14 ORDERING within 14 days from the date of this order defendant C. Bakewell shall pay to the United States Marshal th sum of $569.40 unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
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Filing
25
ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2013 VACATING the 23 findings and recommendations; the Clerk shall send plaintiff forms for service to be completed and returned within 30 days. (Yin, K)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/29/13 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days. (cc: KJN) (Plummer, M)
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Filing
20
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/22/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
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Filing
14
ORDER signed by Magistrate Judge John F. Moulds on 09/04/12 ordering plaintiff's second amended complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit it along with an original and 1 copy of the complaint which shall not exceed 40 pages. This 40 page limitation does not apply to any exhibits attached to the third amended complaint. (Plummer, M)
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Filing
10
ORDER signed by Magistrate Judge John F. Moulds on 03/19/12 vacating 8 FINDINGS AND RECOMMENDATIONS. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
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Filing
8
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/16/12 ORDERING that the Clerk assign a district judge to this case; it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
5
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Florence signed by Magistrate Judge John F. Moulds on 12/22/2011. CDC is to collect an initial partial filing fee of 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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