West v. Dizon
| Mack A. West, Jr. |
| Noah Dizon |
| 2:2012cv01293 |
| May 14, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| 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
180
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 1/05/17 ordering the Custodian to produce Mack A. West Jr. via video conference on 1/23/17 at 1:00 p.m. in courtroom 24 before Magistrate Ju dge 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. (cc: CKD and I.T. Dept, Sacramento) (Plummer, M) Modified on 1/5/2017 (Plummer, M).
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Filing
175
SECOND AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 10/12/2016 ORDERING the Amended Order and Writ of Habeas Corpus ad Testificandum issued 9/12/2016 is VACATED; the custodian shall p roduce Mack A. West, Jr. F-60029, to testify in USDC at 10:00 a.m. on 1/10/2017 in courtroom #24, before Magistrate Judge Carolyn K. Delaney; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk. (cc: CKD, OTCD-SAC) (Yin, K)
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Filing
173
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 09/09/16 ordering this shall amend the writ issued on 7/28/16. The Custodian to produce Mack A. West Jr. on 1/10/17 at 10:00a.m. in courtroo m 24 before Magistrate 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 and CKD). (Plummer, M)
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Filing
170
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/28/2016 ORDERING the custodian to produce Mack A. West, Jr. #F-60029, to testify in USDC at 9:30 a.m. on 10/24/2016 in courtroom 25, before Magistrate Judge Carolyn K. Delaney; the custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: OTCD-SAC, ADR, CKD) (Yin, K)
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Filing
165
ORDER signed by Chief Judge Morrison C. England, Jr on 03/29/16 ADOPTING IN FULL 141 Findings and Recommendations and DENYING 129 Motion for Preliminary Injunction. (Jackson, T)
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153
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/15 ordering ( Jury Trial re-set for 3/28/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.) (Plummer, M)
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Filing
141
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/26/15 ORDERING plaintiff's motion for a court-appointed doctor to testify on his behalf at trial 135 is denied. Defendant's motion for extension of tim e to file a pretrial statement 133 is granted. Defendant's pre-trial statement filed 08/19/15 137 is accepted by the court as timely. Also, RECOMMENDING that plaintiff's motion for a "special order" 129 , which the court should construe as a motion for preliminary injunction be denied. MOTION for special order 129 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
128
ORDER signed by Magistrate Judge Dale A. Drozd on 7/22/15 GRANTING 127 Motion for Extension of time; Plaintiff has until July 29, 2015, in which to file his pretrial statement. No further extensions of time for this purpose will be granted. Defe ndant has until August 17, 2015, in which to file his pretrial statement. The pretrial conference (as described in local Rule 282) is re-set for August 29, 2015. The pre-trial conference shall be conducted on the file only, without appearance by either party. This case remains set for jury trial before the Honorable Morrison C. England, Jr., on January 4, 2016, at 9:00 a.m. in Courtroom 7.(Dillon, M)
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Filing
126
ORDER signed by Magistrate Judge Dale A. Drozd on 6/19/15 ORDERING that Plaintiffs motion for an extension of time in which to file his pretrial statement (ECF No. 121 ) is granted. Plaintiff has until July 15, 2015, in which to file his pretrial st atement. Defendant shall file his pretrial statement no later than August 3, 2015. The pretrial conference (as described in Local Rule 282) is re-set in this case for August 15, 2015, before the magistrate judge. The pretrial conference shall be co nducted on the file only, without appearance by either party. Plaintiffs motion for appointment of counsel (ECF No. 124 ) is DENIED. This matter remains set for jury trial before the Honorable Morrison C. England, Jr., on January 4, 2016, at 9:00 a.m. in Courtroom 7. (Dillon, M)
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Filing
125
MEMORANDUM, and ORDER signed by Chief Judge Morrison C. England, Jr on 6/16/15 ORDERING that Plaintiff's MOTION for Reconsideration 115 is DENIED. (Mena-Sanchez, L)
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Filing
110
ORDER signed by Magistrate Judge Dale A. Drozd on 3/17/2015 DENYING the 88 motion for sanctions. (Yin, K)
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Filing
108
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 12/8/14 ORDERING the Custodian to produce Mack West at 10:00 am on March 12, 2015 in Courtroom 25 before Judge Kendall J. Newman. 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)
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Filing
105
ORDER signed by Magistrate Judge Dale A. Drozd on 09/09/14 ordering plaintiff's motion to amend judgment 75 is denied as moot. Plaintiff's motions for extensions of time 97 , 100 , and 102 are denied as moot. (Plummer, M)
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Filing
94
ORDER ADOPTING 82 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/25/14. The 33 Motion for Summary Judgment is DENIED. (Manzer, C)
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Filing
82
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/26/14 ORDERING Each of plaintiff's motions seeking additional time to file documents with the court 77 , 78 , 79 are denied as having been rendered moot. Plaintiff's motion for reconsideration 80 of the order granting defendant leave to file an amended answer is denied. Also, RECOMMENDING that defendant Dizon's motion for summary judgment filed 06/07/13, 33 be denied. MOTION for SUMMARY JUDGMENT 33 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Dale A. Drozd on 2/7/14 ORDERING that Defendants motion to file an amended answer 72 is granted. The proposed amended answer attached to the motion as Exhibit A is deemed filed as of January 28, 2014. Plaintiffs motion for additional time 73 is denied as moot.(Dillon, M)
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Filing
69
ORDER signed by Magistrate Judge Dale A. Drozd on 01/24/14 ordering the remainder of the motion for reconsideration (See documents 66 and 67 is denied. Plaintiff shall file an opposition to the motion for summary judgment no later than 02/21/14. Defendant shall file a reply, if any, no later than 02/28/14. (Plummer, M)
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Filing
66
ORDER signed by Magistrate Judge Dale A. Drozd on 1/8/14 ORDERING that Plaintiffs motion to reconsider 65 is DENIED in part. The renewed requests for a subpoena duces tecum and for appointment of counsel are denied. Within fourteen days of the d ate of this order, defendant shall respond to plaintiffs motion to reconsider only with respect to the issue of whether the court should order officials at California Medical Facility to allow plaintiff to correspond with the inmates he has named as potential witnesses to material facts alleged in his complaint. (Dillon, M)
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Filing
63
ORDER signed by Magistrate Judge Dale A. Drozd on 12/11/2013 ORDERING that the 57 motion to file an amended complaint is DENIED; the Clerk shall change defendant's name in the caption of this case and on the docket to Noel Dizon; no later th an 7 days, defendant shall serve on plaintiff all documents and other materials that have not already been produced in compliance with the 9/4/2013 court order and defendant shall file a notice of compliance; the 49 motion for an extension of time is GRANTED in part, plaintiff shall file his opposition to the motion for summary judgment no later than 1/17/2014; defendant's reply, if any, due no later than 1/31/2014; and the 62 motion for appointment of counsel is DENIED. (Yin, K)
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Filing
52
ORDER signed by Magistrate Judge Dale A. Drozd on 11/4/13 ORDERING that within 14 days of the entry of this order, defendant shall produce to plaintiff all of the documents submitted for in camera review pursuant to this courts order of September 4, 2013 (see order for details); Defendants request for a protective order is granted in part; Defendants motion for an extension of time (Doc. 51 ) is GRANTED. Defendant has until November 14, 2013, to file an opposition to plaintiffs motion for extension of time (Doc. 49 ). Plaintiffs motion for an extension of time (Doc. 48 ) in which to respond to defendants compliance with the courts order of September 4, 2013, is hereby DENIED as moot.(Dillon, M)
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Filing
41
ORDER signed by Magistrate Judge Dale A. Drozd on 9/3/2013 ORDERING that within 10 days defendant shall submit to the chambers of Judge Drozd for in camera review the document identified in the privilege log responsive to request number three of plaintiff's first request for production of documents and request number one of plaintiff's second request for production of documents; defendant shall identify with specificity all portions thereof which he contends should not be disc losed to plaintiff together with citation to specific legal authority protecting those matters; in addition, defendant shall include with the submission of any documents that were provided by plaintiff, which shall be specifically identified in the in camera submission; in all other respects plainitff's 22 motion to compel is DENIED; plaintiff's 25 , 26 motions for an extension of time to complete discovery are DENIED except that within 20 days, defendants shall produce t o plaintiff all documents responsive to request number four of plaintiff's third request for production of documents; plaintiff's 29 motion for an extension of time to file a reply is DENIED as unnecessary; defendant's 28 motio n for an extension of time is GRANTED and defendant's 5/20/2013 opposition to plaintiff's 4/24/2013 and 4/25/2013 motions is DEEMED TIMELY FILED; plaintiff's 39 motion for appointment of counsel is DENIED; plaintiff's 38 , 40 motions are GRANTED; plaintiff has 45 days to file and serve an opposition to defendant's 6/7/2013 motion for summary judgment. (Yin, K)
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Filing
24
ORDER signed by Magistrate Judge Dale A. Drozd on 04/11/13 ordering plaintiff's 02/25/13 motion for an extension of time 20 is denied. Plaintiff's 03/04/13 request for a blank subpoena 21 is denied. Defendant's 04/04/13 motion fo r an extension of time to file an opposition to plaintiff's 03/18/13 motion to compel discovery 23 is granted. Defendant shall file and serve an opposition to plaintiff's 03/18/13 motion to compel on or before 04/29/13. Plaintiff's reply, if any, shall be delivered to prison officials for mailing not later than 05/13/13. (Plummer, M)
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Filing
19
ORDER signed by Magistrate Judge Dale A. Drozd on 2/14/2013 GRANTING defendant's 18 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)
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Filing
5
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Mack A West, Jr. signed by Magistrate Judge Dale A. Drozd on 5/23/12: The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director of CDC. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of the court. (Kaminski, H)
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| Plaintiff: Mack A. West, Jr. | |
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| Defendant: Noah Dizon | |
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