Chappell v. Fleming et al
| Rex Chappell |
| B. Fleming, G. Brackett, W. Harrison, R. St. Andre, A. Audette, T. Perez, M. McDonald, A. Amero, F. Foulk, S. Kokkonen, R. Marquez, J. Harrison, A. Murphy, Bryan Kingston and Matthew Cates |
| 2:2012cv00234 |
| January 30, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Gregory G. Hollows |
| Morrison C. England |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
117
ORDER signed by District Judge Morrison C. England, Jr on 8/12/16 ORDERING that, upon reconsideration, this court's order filed 12/23/15 (ECF No. 105 ), is AFFIRMED. (Becknal, R)
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Filing
103
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/02/15 recommending that defendants' motion for summary judgment 84 be granted and the first amended complaint be dismissed as barred by Heck. Judgment be entered in favor of defendants. MOTION for SUMMARY JUDGMENT 84 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
101
AMENDED ORDER signed by Magistrate Judge Allison Claire on 10/06/15 ordering that defendants must file a supplemental brief within 14 days of the filing of this order addressing what impact, if any, Hinojosa and the amendment to 15 CCR section 3044 (b)(6) have on their argument that plaintiff's claims are barred by Heck v. Humphrey, 512 US 277 (1994). Plaintiff is not required to respond to defendants' supplemental brief. However, any response filed within 7 days of defendants' supplemental brief will be considered. (Plummer, M)
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Filing
88
ORDER signed by Magistrate Judge Allison Claire on 02/19/15 ordering the clerk of the court is directed to file attachment 1 to this order under seal. The clerk of the court is further directed to mail a copy of the attachment 1 to counsel for the defendants only. Within 10 days of the filing of this order, the defendants shall show cause why they should not serve plaintiff with the redacted copies of Exhibits J and K (confidential memoranda dated 9/28/09 and February 2, 2010 respectively) fi led here as attachment 1(under seal). Defendants may submit their response via email. In the alternative, defendants may discharge the order to show cause by filing notice that they have served plaintiff with the redacted exhibits, and by filing a copy of the redacted Exhibits J and K in support of their summary judgment motion. (Plummer, M)
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Filing
85
ORDER signed by Magistrate Judge Allison Claire on 02/10/15 ordering defendant's request to file documents under seal is granted and the unredacted confidential memoranda dated 05/11/09; 09/28/09 and 02/02/10 shall be filed under seal. Within 7 days of the filing date of this order, the defendants shall either provide plaintiff with the request to filed documents under seal, proposed order, and redacted copies of the 3 confidential memoranda or file a response explaining why providing pla intiff with any or all of these documents is not appropriate. If defendants choose to serve plaintiff with some or all of the documents indicated above, they shall promptly file a notice identifying which documents have been provided to plaintiff. If the documents provided to plaintiff include redacted copies of any of the confidential memoranda, a copy of the redacted document(s) should also be provided to the court in the same manner in which the request to file under seal was submitted. If the defendants believe production of any of the documents is inappropriate and that their response to this order contains sensitive information, their response may be submitted ex parte via email. (Plummer, M)
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Filing
81
ORDER signed by Chief Judge Morrison C. England, Jr on 10/29/14 ORDERING plaintiff's Motion for Reconsideration, ECF No. 80 , is DENIED. (Becknal, R)
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Filing
79
ORDER denying 78 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 09/19/14. (Plummer, M)
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Filing
73
ORDER ADOPTING 70 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/25/14 GRANTING Defendant Murphy's 51 Motion to Dismiss, DENYING as moot Defendant Murphy's 54 Motion to Dismiss and GRANTING in part and DENYING in part the remaining Defendants' 42 Motion to Dismiss. Defendants Fleming, Brackett, W. Harrison, Amero, Perez, J. Harrison and Marquez are ORDERED to file an answer to the remaining claims within 30 days. (Manzer, C)
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Filing
70
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/25/14 recommending that defendant Murphy's motion to dismiss 51 be granted for failing to state an 8th amendment or retaliation/conspiracy claim upon which relief can be granted. Defendant Murphy's motion to dismiss for failing to exhaust administrative remedies 54 be denied as moot based on the court's recommendation to dismiss defendant Murphy on other grounds. The remaining defendants' moti on to dismiss 42 be granted in part and the following claims dismissed: Plaintiff's Eighth Amendment claim as to defendants Fleming, Brackett, W. Harrison, Audette, Perez and St. Andre. Plaintiff's procedural due process claim against de fendants Cates, McDonald, Perez, J. Harrison and Marquez. Plaintiff's substantive due process claim against defendants Cates, McDonald and Perez. Plaintiff's first amendment retaliation claim against defendants Cates and McDonald. Plaint iff's conspiracy claims as to all remaining defendants. The defendants' motion to dismiss 42 be denied in part as to the following claims only: Plaintiff's First Amendment retaliation claim against defendants Fleming, Brackett, W. Harrison, Amero and Perez. Plaintiff's substantive due process claim against defendants Fleming, W. Harrison, Amero and Perez. Plaintiff's substantive due process claim against defendants J. Harrison and Marquez; and defendants Fleming, Br ackett, W. Harrison, Amero, Perez, J. Harrison and Marquez be ordered to file an answer to the claims identified in the previous paragraph within 30 days of the district judge's review and adoption of these findings and recommendations. Motions 42 , 51 , and 54 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Allison Claire on 11/6/13 ORDERING that Plaintiffs request for the appointment of counsel (ECF No. 60 ) is DENIED; Plaintiffs request for an extension of time (ECF No. 59 ) is GRANTED; and Plaintiff is granted 45 days from the date of this order in which to file oppositions to the pending motions to dismiss. No further extensions of time will be granted. (Dillon, M)
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Filing
55
ORDER signed by Magistrate Judge Allison Claire on 08/26/13 ordering the court's 08/07/13 order is discharged. (Plummer, M)
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Filing
49
ORDER signed by Magistrate Judge Allison Claire on 8/6/13 ORDERING that within 14 days from the date of this order defendant A. Murphy shall pay to theUnited States Marshal the sum of $74.78, 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 fourteen day period. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal.(Dillon, M)
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Filing
45
ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 7/23/13 GRANTING Defendants' 32 Motion to Revoke IFP Status and DENYING Plaintiff's 34 Motion for Sanctions. The 4/23/12 order granting the IFP is VACATED. Defendants shall file their reply to the complaint within 30 days. (Manzer, C)
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Filing
40
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/16/13 ORDERING defendants' request for judicial notice [32-2] is granted. Also, RECOMMENDING that defendants' motion to revoke plaintiff's in forma pauperis status 32 be granted. Plaintiff's in forma pauperis status be revoked. The court's 04/23/12 order granting plaintiff's motion to proceed in forma pauperis be vacated. Plaintiff be required to pay the $350.00 filing fee for this action in full within 28 days from the date of service of this order. Plaintiff's failure to comply with this order result in dismissal of this action for failure to pay the filing fee. Plaintiff's motion for sanctions 34 be denied. Motions 32 and 34 referred to Judge Morrison C. England Jr. Objections due within 28 days. (Plummer, M)
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Filing
30
ORDER signed by Magistrate Judge Allison Claire on 02/01/13 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, an instruction sheet and a copy of the 08/06/12 complaint to be completed and returned within 60 days. (Plummer, M)
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Filing
24
ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 12/20/12. Counts Two, Three, Four, Five, Nine and Ten are DISMISSED; Defendants Foulk, Kokkonen, Kingston and Bolls are DISMISSED from this action without prejudice. (Manzer, C)
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Filing
16
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/15/2012 RECOMMENDING that for the reasons given in the court's 4/23/2012 order, Counts Two, Three, Four, Five, Nine, and Ten be dismissed; and that defendants F. Foulk; S. Kokkonen; Bryan Kingston; and Bolls be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rex Chappell signed by Magistrate Judge Gregory G. Hollows on 04/20/12. 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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