Gipbsin v. Kernan, et al
| Clarence A Gipbsin |
| Scott Kernan, Kevin Mc Cann, Mohammad Omar Safi, Justin M. Schmollinger, William Grimes, Lori Jackson and Mark Grabau |
| 2:2012cv00556 |
| March 1, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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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
307
ORDER signed by Magistrate Judge Deborah Barnes on 4/14/2021 DISMISSING 305 Motion to Appoint Counsel for lack of jurisdiction. (Henshaw, R)
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Filing
304
ORDER signed by Magistrate Judge Deborah Barnes on 4/7/2021 DISMISSING for lack of jurisdiction plaintiff's 303 motion to appoint counsel. (Yin, K)
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Filing
299
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/21 ADOPTING in full 293 findings and recommendations and GRANTING 263 defendant's motion for summary judgment. CASE CLOSED (Kastilahn, A)
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Filing
298
ORDER signed by Magistrate Judge Deborah Barnes on 1/22/2021 DENYING without prejudice as untimely plaintiff's 295 motion to vacate; and DENYING plaintiff's 297 motion for appointment of counsel. (Yin, K)
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Filing
294
ORDER signed by Magistrate Judge Deborah Barnes on 12/30/20 DENYING 278 , 281 , 285 , 287 , 291 Motions to Appoint Counsel ; DENYING 282 Motion for federal investigation; GRANTING 283 Motion for clarification; DENYING 291 Motion for hearing. (Plummer, M)
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Filing
268
ORDER signed by District Judge Kimberly J. Mueller on 04/22/19 DENYING 253 Motion for Reconsideration and Request for leave to amend. (Benson, A.)
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Filing
257
ORDER signed by Magistrate Judge Deborah Barnes on 03/03/19 DENYING 249 Motion to Compel and DENYING 254 Motion for settlement conference. (Plummer, M)
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Filing
250
ORDER ADOPTING 241 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 01/29/19 DISMISSING defendant Neal without prejudice under Rule 4(m); this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)
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Filing
247
ORDER signed by Magistrate Judge Deborah Barnes on 1/9/2019 DENYING 243 and 246 Motions to Appoint Counsel. (Huang, H)
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Filing
241
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/13/18 DENYING 198 , 204 defendant's motion for summary judgment; DENYING 228 plaintiff's motion for a scheduling order; DENYING 221 plaintiff' ;s motion for a status conference and settlement conference; DENYING 222 plaintiff's motion for counsel and DENYING 234 plaintiff's motion for sanctions. Also, RECOMMENDING that defendant Neal be dismissed from this action without prejudice pursuant to Rule 4(m). Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
225
ORDER signed by District Judge Kimberly J. Mueller on 6/26/2018 ADOPTING 217 findings and recommendations in full. Plaintiff's 206 , 210 , 213 , 215 motions for injunctive relief are DENIED. This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
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Filing
217
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/20/2018 DENYING without prejudice plaintiff's 183 motion to renew all pretrial motions and DENYING plaintiff's 207 motion to compel. IT IS RECOMMENDED that plaintiff's 206 , 210 , 213 , 215 motions for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)
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Filing
203
ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2018 GRANTING 201 Motion for Extension of Time. Defendants to file reply to plaintiff's opposition by 1/9/2018. (Henshaw, R)
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Filing
190
ORDER adopting in full 184 FINDINGS AND RECOMMENDATIONS, signed by District Judge Garland E. Burrell, Jr., on 11/15/17. Plaintiff's 177 Motion for Special Medical Court Order is DENIED. (Kastilahn, A)
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Filing
188
ORDER signed by Magistrate Judge Deborah Barnes on 11/08/17 ORDERING the clerk of the court is directed to send to plaintiff 2 USM-285 forms, instruction sheet and a copy of the 12/29/16 amended complaint to be completed and returned with the notice of submission of documents within 60 days. (Plummer, M)
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Filing
184
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/24/2017 RECOMMENDING that 177 Motion for Special Medical Court Order be denied. Objections due within 14 days after being served with these findings and recommendations. (Hunt, G)
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Filing
176
ORDER signed by Magistrate Judge Deborah Barnes on 10/04/17 GRANTING 173 Motion for Extension of time and DENYING 163 , 169 Motions to Appoint Counsel. Plaintiff is granted 30 days from the date of this order in which to submit the necessary documents for service. (Plummer, M)
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Filing
162
ORDER signed by Magistrate Judge Deborah Barnes on 12/19/16 ordering Defendants motion for judgment on the pleadings 148 is granted. Plaintiff has leave to amend his complaint one final time to address the deficiencies outlined above. Plaintiffs third amended complaint must be filed within 30 days of this order. Defendants motion for summary judgment 148 is denied without prejudice subject to renewal if plaintiff can adequately state a claim in the third amended complaint. Plaintiffs motion for summary judgment 122 is denied without prejudice subject to renewal if plaintiff can adequately state a claim in the third amended complaint. (Plummer, M)
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Filing
161
ORDER signed by District Judge Garland E. Burrell, Jr on 12/12/16; ADOPTING in FULL 160 Findings and Recommendations; DENYING 146 , 158 and 159 motions for injunctive relief. (Washington, S)
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Filing
160
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/16/16 recommending that plaintiffs motions for injunctive relief filed June 17, October 10, and November 8, 2016 146 , 158 , 159 be denied. Motions 146 , 158 , and 159 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
157
ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2016 DENYING plaintiff's 145 , 153 motions for the appointment of counsel. (Yin, K)
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Filing
150
ORDER adopting in full 143 FINDINGS AND RECOMMENDATIONS, signed by District Judge Garland E. Burrell, Jr., on 7/5/16. Defendant Gamez is dismissed from this action.
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Filing
143
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/31/16 ORDERING plaintiff's motion for default judgement 124 is denied with respect to defendants Gamez and Grannis. With respect to defendant Grimes, wi thin 21 days of the date of this order, defense counsel shall clarify whether he represents this defendant in this action. If defense counsel only represents the other named defendants, the court directs counsel to make an informal inquiry as to who m, if anyone, represents defendant Grimes in this action and report back to the court. Defendants shall file an opposition to plaintiff's motion for summary judgment (or a cross-motion for summary judgment on or before 7/01/16. Plaintiff' s motion for sanctions 137 is denied. Plaintiff's motion for a pretrial conference 139 is denied as unnecessary. Plaintiff's motion for appointment of an investigator 142 is denied. Plaintiff's discovery requests 136 and 138 are disregarded. Also, RECOMMENDING that defendant Gamez be dismissed from this action. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
127
ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/2015 DENYING at this time plaintiff's 125 motion for a settlement conference.(Yin, K)
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Filing
120
ORDER signed by Magistrate Judge Dale A. Drozd on 08/20/15 denying 115 Motion to Appoint Counsel and denying 119 Motion for a settlement conference. (Plummer, M)
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Filing
116
ORDER adopting in full 114 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 7/28/15. Defendants' motions to dismiss 84 , 85 , 88 , 93 , 96 , 101 are DENIED. Defendants are directed to file an answer to plaintiff's second amended complaint within 30 days of the date on which this order is filed. (Kastilahn, A)
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Filing
114
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/29/2015 RECOMMENDING that defendants' 84 , 85 , 88 , 93 , 96 , 101 motions to dismiss be denied; and defendants be directed to file an answer to plaintiff's second amended complaint within 30 days of any order adopting these findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
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Filing
113
ORDER denying 112 Motion for Reconsideration signed by Judge Garland E. Burrell, Jr on 5/28/15. (Kaminski, H)
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Filing
109
ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2015 DENYING plaintiff's 105 motion for the appointment of counsel. (Yin, K)
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Filing
104
ORDER signed by Magistrate Judge Dale A. Drozd on 03/01/15 ordering plaintiff's motion to compel 81 is denied without prejudice. Plaintiff's motions for entry of default against defendants 92 and 95 are denied. Plaintiff's moti on for a status conference 99 is denied. Plaintiff's motion for summary judgment 100 is denied without prejudice to renewal after this court issues a discovery and scheduling order. Defendants' motion for a court order relieving them from having to respond to plaintiff's motion for summary judgment 103 is denied as unnecessary. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 ORDERING that Plaintiff's two additional USM-285 forms for non-defendants in this action, which he submitted with his documents for service of process are DISREGARDED; Plaintiff's various documents from his prior state court proceedings, which he submitted with his documents for service of process are DISREGARDED; Plaintiff'S subpoenas, which he submitted with his documents for service of process are DISREGARDED; Plaintiff's MOTION for a summons and Complaint 67 is DENIED as moot; Plaintiff's MOTION for a Court Order 70 is DENIED as moot; and Plaintiff's MOTIONS for Appointment of Counsel 67 & 72 are DENIED as moot. (Mena-Sanchez, L)
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Filing
51
ORDER signed by Judge Garland E. Burrell, Jr on 9/26/13 ORDERING that upon Reconsideration, the Order of the Magistrate Judge filed 8/27/13 44 is AFFIRMED. (Mena-Sanchez, L)
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Filing
47
ORDER signed by Magistrate Judge Dale A. Drozd on 9/5/13 DENYING 39 Motion for TRO. (Dillon, M)
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Filing
44
ORDER signed by Magistrate Judge Dale A. Drozd on 8/26/2013 ORDERING that plaintiff's 32 amended complaint is DISMISSED; plaintiff has 30 days to file a second amended complaint; plaintiff's 33 motion to correct the amended complaint is DENIED as unnecessary; plaintiff's 34 motion for appointment of counsel is DENIED; plaintiff's 36 , 38 motion for status conference and motion for pretrial conference are DENIED; plaintiff's 35 motion for a status update and clarification is GRANTED; and the Clerk shall send plaintiff the court's form for filing a civil rights action. (Yin, K)
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Filing
29
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Clarence A. Gipbsin signed by Magistrate Judge Dale A. Drozd on 10/29/2012. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. The Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
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Filing
8
ORDER signed by Magistrate Judge Dale A. Drozd on 04/25/12 ordering plaintiff shall submit within 30 days from the date of this order either the $350.00 filing fee or a properly completed application to proceed in forma pauperis on the form provided with this order. The clerk of the court shall send plaintiff an application to proceed in forma pauperis by a prisoner for use in a civil rights action. (Plummer, M)
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