Pitts v. Davis et al
| Eddie L. Pitts |
| C. Davis, R. Flieschman, The State of California, L. Austin, F. Fontillas, C. Braugner, P. Kiesz, J. Froland, S. McAlpine, L. Mefford, D.P. Morgan, R. Boughn, C.S. Truijillo, M. De La Vega and Office of Third Level Appeal |
| 2:2012cv00823 |
| March 30, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Gregory G. Hollows |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
170
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/22/16 RECOMMENDING that Defendant Kiesz motion for summary judgment 140 be granted and the remaining claim against defendant Kiesz be dismissed without prejudice for fail ure to exhaust; Defendant Braunger, Froland, and Fontillas motion for summary judgment 143 be granted and the remaining claims against defendants Braunger, Froland, and Fontillas be dismissed with prejudice; Judgment be entered for the defendants. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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Filing
159
ORDER signed by Magistrate Judge Allison Claire on 11/30/15 ordering that plaintiff shall have until 12/28/15 to file his response to defendants' motion for summary judgment. (Plummer, M)
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Filing
157
ORDER signed by Magistrate Judge Allison Claire on 10/29/15 granting in part and denying in part 133 Motion to Compel. (See order for details). Warden Arnold shall file a notice of compliance within 7 days of plaintiff's review of the complaints. Plaintiff shall have 30 days from the filing of Warden Arnold's notice of compliance to file his response to defendants' motion for summary judgment. Plaintiff's motion for sanctions 133 is denied. (Plummer, M)
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Filing
155
ORDER signed by Magistrate Judge Allison Claire on 08/04/15 ordering that plaintiff's motion for extension of time 152 and motion to withdraw his previous motions and objections 153 are denied as moot. (Plummer, M)
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Filing
151
ORDER signed by Magistrate Judge Allison Claire on 7/27/2015 ORDERING 150 that plaintiff's objections to defendants' motion for summary judgment is construed as a motion to enlarge his time to respond to the summary-judgment motion, and as such is GRANTED; Plaintiff's deadline to respond to defendants' motion for summary judgment is hereby VACATED and will be re-set upon resolution of the pending motion to compel. (Reader, L)
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Filing
123
ORDER signed by District Judge Troy L. Nunley on 11/18/14 ORDERING that the Court denies Plaintiff's 122 Ex Parte Communication seeking reconsideration of the Magistrate Judge's Findings and Recommendations. (Kastilahn, A)
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Filing
121
ORDER ADOPTING 116 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 11/5/2014. Defendant Boughn is DISMISSED from this action. (Marciel, M)
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Filing
120
ORDER signed by Magistrate Judge Allison Claire on 10/30/14 ordering the United States Marshal shall provide personal service of plaintiff's subpoena to produce documents, information, or objects, along with the attached requests for production , upon Warden Gary Swarthout and/or Acting Warden of CSP-Solano within 14 days. A copy of this order is to be served upon the U.S. Marshal's office along with plaintiff's subpoena and attached requests for production directed to Warden Gary Swarthout and/or the Acting Warden of CSP-Solano. (Plummer, M)
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Filing
117
ORDER signed by Magistrate Judge Allison Claire on 09/12/14 ordering plaintiff's motion to compel production of documents from defendant Kiesz 87 is granted in part as to RFP No. 6 only, and denied as to RFP Nos. 1-5 and 7-12. Defendant Kiesz shall provide within 14 days a redacted copy (as set forth above) of any inmate grievance or complaint regarding the medical care she provided while she worked at CSP-Solano. Plaintiff's motion for an order compelling defendant Braunger to pro duce further documents 91 is granted in part as to RFP nos. 3 and 5, to the extent that defendant Braunger must within 14 days provide copies, if any, of the IMSPP medical guidelines in effect from 1/01/10 through 12/31/10, that speak to procedures , policies or practices governing the appropriate response to an inmate's complaint of pain and request for prescribed medication. The motion is denied in all other respects. Plaintiff's motion for an order granting service of a subpoena duces tecum by the United States Marshal on non-party Warden Gary Swarthout or an acting warden 76 is granted in part as to the documents specified in the body of this order. Plaintiff must within 21 days return the signed subpoena provided with t his order, containing only the requests as narrowed by the court. The clerk of the court is directed to provide plaintiff a signed but otherwise bland subpoena duces tecum form with this order. Plaintiff's motion for a court order authenticati ng the exhibits attached to plaintiff's complaint 63 is denied. Plaintiff's motion for appointment of counsel 111 is denied. Plaintiff's motion to re-open discovery and adjust scheduling order 111 is granted in part as follows: The deadlines in the Discovery and scheduling order 75 are hereby vacated. Discovery is re-opened for the limited purposes specified in this order, and the deadline extended to 10/31/14. The dispositive motion deadline is re-set for 2/23/15. (Plummer, M)
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Filing
116
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/11/14 ORDERING that plaintiff's motion for an order granting service of a subpoena duces tecum by the U.S. Marshal upon a non-party 82 is denied. Also, RECOMMENDING that defendant Boughn be dismissed from this action pursuant to Federal Rule of Civil Procedure 4(m). Referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
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Filing
107
ORDER signed by Magistrate Judge Allison Claire on 6/27/2014 ORDERING plaintiff to SHOW CAUSE, within 28 days, why the unserved defendant Boughn should not be dismissed from this action; and failure to show good cause will result in a recommendation of dismissal of defendant Boughn without prejudice, pursuant to Fed.R.Civ.P. 4(m). (Yin, K)
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Filing
97
ORDER signed by District Judge Troy L. Nunley on 5/9/2014 FINDINGS AND RECOMMENDATIONS 79 are ADOPTED in PART; Defendant Fontillas' motion 36 to dismiss for lack of administrative exhaustion is GRANTED to the extent plaintiff's claim is predicated on 11/24/2010 interview; in all other respects the motion is DENIED and plaintiff will be permitted to proceed with his claim alleging defendant Fontillas was deliberately indifferent to his serious medical needs by failing to provide tim ely access to primary care physician; Defendant Froland's motion 46 to dismiss is GRANTED in PART; plaintiff's claim that defendant Froland was deliberately indifferent to plaintiff's serious medical needs by failing to ensure timely receipt of pain medication in February 11 is DISMISSED; in all other respects the motion is DENIED and plaintiff will be permitted to proceed with his claim alleging defendant Froland was deliberately indifferent by failing to provide timely access to a primary care physician. (Reader, L)
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Filing
79
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/02/14 ORDERING the clerk of the court is directed to correct the entry at 44 to reflect that the summons upon defendant Boughn is unexecuted. Defendants' co unsel is directed to provide the court, within 14 days, with the business address for defendant R. Boughn to be served. If defendants' counsel is unable to provide an address at which defendant R. Boughn may be servedd, counsel must so inform t he court within 14 days; within 28 days thereafter, plaintiff must show good cause why defendant Boughn should not be dismissed pursuant to FRCP 4(m). The clerk of the court is directed to correct the spelling of the defendant previously identified as Freland in this case docket to Froland. Plaintiff's motion to strike 61 defendant's notice of errata 54 is denied. Plaintiff's motion for leave to conduct oral depositions or alternatively to serve written deposition questions upon defendants 53 is denied. Plaintiff's motion for an order authenticating his exhibits 72 is denied. Also, RECOMMENDING that defendant Fontillas' motion to dismiss for lack of administrative exhaustion 36 be granted as to all cl aims but the claim of deliberate indifference to plaintiff's serious medical needs by failing to ensure plaintiff timely received prescribed medication in March 2011. Plaintiff's claim of deliberate indifference against defendant Fontillas for failing to ensure timely receipt of pain medication in March 2011 be dismissed pursuant to the court's sua sponte screening obligations under 28 USC 1915(e)(2)(b)(ii) and defendant Fontillas be dismissed from this action. Defendant Froland's motion to dismiss 46 be granted and defendant Froland be dismissed. Motions 36 and 46 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
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Filing
66
ORDER signed by District Judge Troy L. Nunley on 11/20/13 ORDERING the findings and recommendations filed 7/24/13, are adopted in full; Defendants' 2/13/13 motion to dismiss 24 is granted, and the following claims are dismissed without prejudi ce: the claim against defendants Braunger and Kiesz re their alleged failure to provide timely access to a primary care physician; and all claims against defendants Austin, Morgan, Mefford, McAlpine, Trujillo, Davis, Fleischman, and Villanueva (de la Vega); Plaintiff's 5/31/13 motion for a stay 32 is denied; this action proceeds on plaintiff's Eighth Amendment claims against defendants Fontillas, Froland and Broughn; This action also proceeds on plaintiffs claim that defendants Braunger and Keisz were deliberately indifferent to his medical needs in relation to the delay in plaintiff's receiving his prescribed medication. (Becknal, R)
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Filing
64
ORDER signed by Magistrate Judge Allison Claire on 11/19/13 ORDERING defendants to re-serve plaintiff with the filings at ECF Nos. 58 and 59 and to file proof of re-service within 7 days.(Dillon, M)
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Filing
43
ORDER signed by Magistrate Judge Allison Claire on 08/07/13 ordering by her timely response 41 the order to show cause 40 is discharged. Defendant Froland must file a response to the complaint within 14 days from the date of this order to not be found in default.(Plummer, M)
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Filing
40
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/23/13 ORDERING the clerk of the court randomly assign a district judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Defendant Freland (Froland) show cause within 14 days why he/she should not be found in default and judgment be entered against him/her. Also, RECOMMENDING that Defendants' 02/13/13 motion to dismiss 24 be granted, and the following claims dismissed w ithout prejudice: a) the claim against defendants Braunder and Kiesz regarding their alleged failure to provide timely access to a primary care physician; b) all claims against defendants Austin, Morgan, Mefford, McAlpine, Trujillo, Davis, Fleischman , and Villanueva (de la Vega). Plaintiff's 05/31/13 motion for a stay 32 be denied. This action proceed on plaintiff's Eighth Amendment claims against defendants Fontillas, Froland and Broughn, as well as on plaintiff's claims that defendants Braunger and Kiesz were deliberately indifferent to his medical needs in relation to the delay in plaintiff's receiving his prescribed medication. Motions 24 , 32 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
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Filing
14
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/20/2012 ORDERING that defendants State of California, Swarthout and Cate are DISMISSED, and as to State of California, that defendant is DISMISSED with prejudice. (Yin, K)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Eddie L. Pitts signed by Magistrate Judge Gregory G. Hollows on 04/25/12. 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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