McMurtry v. Hu, et al
Plaintiff: Charley McMurtry
Defendant: Salaam, Hu and McClendon
Case Number: 2:2012cv00103
Filed: January 12, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Diego
Presiding Judge: Dale A. Drozd
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
December 27, 2016 Opinion or Order Filing 63 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/23/2016 DENYING plaintiff's 56 request to continue; and RECOMMENDING defendants' 52 motion for summary judgment be granted and this action be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
October 30, 2015 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/2015 ORDERING plaintiff to file and serve, within 30 days, an oppostition or statement of no opposition to the pending 52 motion for summary judgment. (Yin, K)
July 9, 2015 Opinion or Order Filing 51 ORDER signed by Judge John A. Mendez on 7/9/15 ADOPTING IN FULL 49 Findings and Recommendations; DENYING 39 Motion for Summary Judgment. (Meuleman, A)
May 21, 2015 Opinion or Order Filing 49 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/20/15 ORDERING the clerk of court randomly assign a District Judge to this action. U.S. District Judge John A. Mendez randomly assigned to this action. Also, RECO MMENDING that defendants motion for summary judgment based on failure to exhaust administrative remedies prior to filing suit as required 39 is denied. MOTION for SUMMARY JUDGMENT 39 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 10, 2014 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Dale A. Drozd on 12/09/14 ordering plaintiff's opposition 46 is deemed timely filed. Defendants may file and serve a reply within 14 days after the filing date of this order. The clerk of court is directed to designate the pending motion for summary judgment 39 re-filed effective 12/08/14. (Plummer, M)
November 12, 2014 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Dale A. Drozd on 11/10/14 ORDERING that within 14 days after the filing date of this order, plaintiff shall file an opposition, if any, to the pending motion for summary judgment. Failure to timely file an opposition will be deemed as a statement of non-opposition and shall result in the dismissal of this action without prejudice.(Dillon, M)
July 29, 2014 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 DISMISSING action without prejudice pursuant to FRCP 41(b); and the Clerk of Court is DIRECTED to CLOSE this case. CASE CLOSED. (Meuleman, A)
July 1, 2014 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Dale A. Drozd on 7/1/2014 ORDERING that, within 21 days, plaintiff shall file and serve an opposition, or statement of no opposition, to the pending 39 motion for summary judgment. (Yin, K)
April 29, 2014 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Dale A. Drozd on 4/28/2014 DENYING plaintiff's 29 motion to compel discovery and reguest for appointment of counsel ; DENYING plaintiff's 25 request for appointment of counsel, without prejudice; GRANT ING defendants' 37 request for clarification; and defendants' 32 motion to dismiss due to plaintiff's alleged failure to exhaust administrative remedies prior to filing suit is DENIED without prejudice to the filing of a motion for summary judgment in accordance with the Ninth Circuit decision in Albino within thirty days. (Yin, K)
February 26, 2013 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Dale A. Drozd on 2/25/13 ORDERING that Plaintiffs January 24, 2013 request for a waiver or an extension of time (Doc. No. 15 ) is granted in part; Within thirty days, plaintiff shall submit to the court the three c opies of the January 12, 2012 complaint required to effect service on defendants. Failure to return the copies within the specified time period will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to return to plaintiff with this order one copy of his endorsed complaint filed on January 12, 2012.(Dillon, M)
December 20, 2012 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 12/19/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Charley McMurtry to the clerk until the balance of $350 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 Prisoner Payment Orders )(Dillon, M)
January 20, 2012 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Dale A. Drozd on 1/19/12 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. (Dillon, M)
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Plaintiff: Charley McMurtry
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Defendant: Salaam
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Defendant: Hu
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Defendant: McClendon
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