Moore v. Gonzalez et al
Plaintiff: Merrick Jose Moore
Defendant: L. Gonzalez, N Bennett, Fragoso, Pomilla and K. Gonzalez
Case Number: 2:2011cv03273
Filed: December 9, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 24, 2015 Opinion or Order Filing 122 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 3/23/15 ORDERING the Custodian to produce Merrick Jose Moore at 9:30 am on 4/6/15 in Courtroom24 before Judge Carolyn K. Delaney. 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)(Dillon, M)
March 19, 2015 Opinion or Order Filing 118 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 3/19/15. (Becknal, R)
January 15, 2015 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Allison Claire on 1/14/15 ordering ( Status Conference rescheduled for 3/4/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.)(Plummer, M)
January 14, 2015 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Allison Claire on 1/13/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel James V. Weixel is GRANTED. (Crouch, J)
January 13, 2015 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Allison Claire on 1/13/15 ORDERING that The motion of plaintiffs counsel to withdraw his representation of plaintiff, ECF No. 103 , is denied; and plaintiffs most recent motion for appointment of counsel, ECF No. 106 , is denied as moot.(Dillon, M)
December 16, 2014 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Allison Claire on 12/16/2014 ORDERING plaintiff to file his response to Mr. Weixel's motion to withdraw 103 within 21 days. There will be no extension of time. Plaintiff's response should clearly indicate whether or not he wishes to be represented by pro bono counsel in this matter. (Yin, K)
December 4, 2014 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Allison Claire on 12/4/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel James V. Weixel is GRANTED. (Crouch, J)
November 25, 2014 Opinion or Order Filing 101 ORDER APPOINTING COUNSEL signed by Magistrate Judge Allison Claire on 11/25/14. Attorney James Vincent Weixel, Jr added for Merrick Jose Moore. Status Conference set for 1/14/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Manzer, C)
September 24, 2014 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Allison Claire on 9/23/14 DENYING 91 Motion to Strike Plaintiff's reply relating to the motion for sanctions. (Meuleman, A)
September 12, 2014 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Allison Claire on 09/11/14 ordering the motion of defendants L. Gonzalez and Bennett 86 , for summary judgment on the merits of Plaintiff's Eighth Amendment excessive force claim is hereby denied, and their moti on based upon qualified immunity, is hereby denied. The motion of defendants Fragoso and Pomilia 86 for summary judgment on the merits of plaintiff's First Amendment retaliation claim is hereby granted, their motion for summary judgment based upon qualified immunity is hereby denied as moot, and defendants Fragoso and Pomilia are hereby dismissed from this case with prejudice. Plaintiff's motion for sanctions 85 , as construed herein as a motion to compel is granted. Defendants a re hereby ordered to make the redacted report available for plaintiff's inspection, in accordance with the terms of the Protective Order, no later than 09/25/14 at 1:30 p.m. Defendants shall file with the court a statement affirming that the in spection has occurred, or if not, the circumstances surrounding any failure to inspect, no later than 09/26/14 at 4:30 p.m. Defendants' motion 94 to strike plaintiff's sur-reply is hereby denied as moot. Plaintiff's motion 96 , to strike defendant's motion to strike the sur-reply, is hereby denied as moot. (Plummer, M)
October 1, 2013 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Allison Claire on 9/30/13 ORDERING that plaintiff's Request for the Appointment of Counsel 79 is Denied. (Becknal, R)
September 30, 2013 Opinion or Order Filing 83 DISCOVERY PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 9/30/2013 GRANTING defendants' 82 request. (See Order for Details) (Yin, K)
September 18, 2013 Opinion or Order Filing 78 ORDER signed by Magistrate Judge Allison Claire on 09/17/13 ordering within 14 days, defendants may file 1) a request for any further redactions to the internal affairs report prior to its production to plaintiff, with a statement of specific reasons, and 2) a proposed protective order. The deadline to re-notice defendants' motion for summary judgment 71 at 13-14, shall run from the final order of this court directing the form in which the report shall be produced. (Plummer, M)
July 22, 2013 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Allison Claire on 07/19/13 ordering plaintiff's motion to compel further production of documents from defendant Gonzalez 45 is granted in part and denied in part as follows: Granted as to RFP Nos 2,6,7, and 8 to the extent set forth above only; Denied as to RFP 3,4 and 9. Within 14 days, defendant Gonzalez must submit to the chambers of the undersigned for in camera review the report designated in defendant's privilege log as the "Internal Affa irs Investigation Report for case no. S-OPER-628-10-A (7204)" Plaintiff's motion for an order allowing correspondence with incarcerated witnesses 49 is denied. Defendant's counsel is directed to inform the court, within 14 days, wh y plaintiff is not being allowed to correspond with potential inmate witnesses. Plaintiff's motion for production of personnel files 57 is denied. Plaintiff's motion for a settlement conference 63 is deemed withdrawn and hereby vacate d. Defendants' request to strike 69 plaintiff's deficient proposed supplement to the amended complaint 64 is granted. Defendants 12/11/12 motion for summary judgment 52 is hereby vacated from the court's calendar subject to being re-noticed by defendants after 1) discovery is served upon plaintiff as set forth above, and 2) the court has ruled on disclosure of the Internal Affairs Investigation Report following in camera review. (Plummer, M)
November 9, 2012 Opinion or Order Filing 48 ORDER denying 44 Motion for a court appointed investigator signed by Magistrate Judge Gregory G. Hollows on 11/08/12. (Plummer, M)
June 1, 2012 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING that plaintiff's 36 request that defendants' counsel be required to remove the name of "J. Sloss" as a defendant in the case caption in its filings in the instant case is GRANTED and in future filings counsel for defendants is to reference defendants as "L. Gonzalez, et al." in the case caption. (Yin, K)
April 27, 2012 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/26/2012 GRANTING defendants' 32 request to conduct plaintiff's deposition via videoconference. Nothing in this Order shall be interpreted as requiring the institution in which Plaintiff is housed to obtain videoconferencing equipment if it is not already available. (Yin, K)
April 23, 2012 Opinion or Order Filing 31 ORDER denying 27 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 04/23/12. (Plummer, M)
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Plaintiff: Merrick Jose Moore
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Defendant: L. Gonzalez
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Defendant: N Bennett
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Defendant: Fragoso
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Defendant: Pomilla
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Defendant: K. Gonzalez
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