Florence v. Nangalama et al

Plaintiff: David Florence
Defendant: A. W. Nangalama, C. Bakewell, K. Sarver, D. MaDowel, J. Bal and S. Hermann
Case Number: 2:2011cv03119
Filed: November 22, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John F. Moulds
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 5, 2018 Opinion or Order 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)
February 14, 2018 Opinion or Order 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)
January 31, 2018 Opinion or Order 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)
December 15, 2017 Opinion or Order 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)
November 15, 2017 Opinion or Order 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)
August 28, 2017 Opinion or Order 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)
July 17, 2017 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 DENYING AS MOOT 114 Motion. (Henshaw, R)
June 12, 2017 Opinion or Order 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).
August 23, 2016 Opinion or Order 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)
July 6, 2016 Opinion or Order 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)
March 9, 2016 Opinion or Order 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)
June 24, 2015 Opinion or Order 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)
April 16, 2015 Opinion or Order 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)
March 13, 2015 Opinion or Order Filing 71 ORDER denying 62 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 03/12/15. (Plummer, M)
March 4, 2015 Opinion or Order 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)
January 15, 2015 Opinion or Order 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)
October 30, 2014 Opinion or Order 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)
September 19, 2014 Opinion or Order 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)
August 18, 2014 Opinion or Order 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)
July 22, 2014 Opinion or Order 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)
July 18, 2014 Opinion or Order 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)
March 25, 2014 Opinion or Order 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)
August 22, 2013 Opinion or Order 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)
July 29, 2013 Opinion or Order 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)
May 23, 2013 Opinion or Order 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)
September 5, 2012 Opinion or Order 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)
March 20, 2012 Opinion or Order 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)
February 17, 2012 Opinion or Order 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)
December 23, 2011 Opinion or Order 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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Search for this case: Florence v. Nangalama et al
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Plaintiff: David Florence
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Defendant: A. W. Nangalama
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Defendant: C. Bakewell
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Defendant: K. Sarver
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Defendant: D. MaDowel
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Defendant: J. Bal
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Defendant: S. Hermann
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