Kimbro v. Miranda et al
| Richard Kimbro |
| Miranda, Clark, Christine LaJeunesse, McBride, Kelly, Leone, Morris, Norman, Hougland, R. Ingwerson, R L Rower and Gower |
| 2:2012cv02154 |
| August 17, 2012 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Kendall J. Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
208
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 0810/18 ORDERING the Custodian to produce Richard Kimbro on 10/22/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. The Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: CKD and OTCD) (Plummer, M)
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Filing
206
ORDER signed by Magistrate Judge Kendall J. Newman on 08/06/18 PARTIALLY GRANTING 202 Motion to Appoint Counsel. Carter C. White and the King Hall Civil Rights Clinic are appointed as limited purpose counsel in the above entitled matter. This appo intment is for the limited purpose of assisting plaintiff with preparing for and participating in a settlement conference. Carter C. White and the King Hall Civil Rights Clinics appointment will terminate fifteen days after completion of the settleme nt conference, or any continuation of the settlement conference. Prior to the termination of the appointment, the court will accord counsel the option of proceeding as plaintiffs appointed counsel. If counsel does not wish to continuerepresentation o f plaintiff after they have carried out this limited purpose appointment, the court will consider appointing new counsel for plaintiff, if deemed appropriate at that time. The Clerk of the Court is directed to serve a copy of this order upon Carter C. White, King Hall Civil Rights Clinic, UCD Clinical Program Building TB 30, 1 Shields Ave., Davis, CA 95616. (Plummer, M)
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Filing
167
ORDER signed by Chief Judge Morrison C. England, Jr., on 4/12/16, ORDERING that Defendants shall file the briefing within 14 days of the date of the electronic filing of this order. (Kastilahn, A)
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Filing
165
ORDER signed by Chief Judge Morrison C. England, Jr. on 03/30/16 DENYING Plaintiff's request to call witnesses. (Jackson, T)
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Filing
163
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/25/2016 ORDERING the custodian to produce Richard Kimbro #V-77359, to testify in USDC at 9:00 A.M. on 5/24/2016 in courtroom 7, before Judge M orrison C. England, Jr.; 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 to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
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Filing
153
ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/16 ORDERING that Plaintiff's MOTION for the appointment of Counsel 149 is DENIED without prejudice. (Mena-Sanchez, L)
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Filing
135
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 11/19/15 ORDERING that Defendants' Motion to Sever (ECF No. 117 ) is DENIED. (Becknal, R)
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Filing
133
ORDER signed by Chief Judge Morrison C. England, Jr on 11/9/15: Upon reconsideration, the order of the magistrate judge filed September 17, 2015 124 is AFFIRMED. (Kaminski, H)
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Filing
132
SUPPLEMENTAL PRETRIAL ORDER signed by Chief Judge Morrison C. England, Jr on 11/2/15: A jury trial is scheduled for February 8, 2016. The estimated length of trial is three (3) days. (Kaminski, H)
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Filing
129
ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/15 ordering that attorney Shanan L. Hewitt is substituted in as counsel for defendant R. Miranda and Attorney General Janet Nah Chen is substituted out. (Plummer, M)
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Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/15 ordering that a settlement conference will not be scheduled in this action. (Plummer, M)
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Filing
116
ORDER denying 110 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 08/20/15. (Plummer, M)
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Filing
115
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2015 ORDERING that within 14 days, the parties shall inform the court whether they would be willing to have the Magistrate Judge Kendall J. Newman conduct the settlement conference or prefer appointment of a different magistrate judge to conduct the settlement conference.(Yin, K)
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Filing
105
ORDER signed by Magistrate Judge Kendall J. Newman on 6/19/15 ORDERING that 104 Motion to Appoint Counsel is DENIED without prejudice.(Dillon, M)
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Filing
102
ORDER signed by Chief Judge Morrison C. England, Jr. on 4/28/2015 FINDINGS AND RECOMMENDATIONS 99 are ADOPTED as MODIFIED by this Order; Defendants' 85 Motion for Summary Judgment is GRANTED in PART and DENIED in PART; the Clerk of the Court is directed to DISMISS Defendant Miranda, McBride and Kelly from this case. (Reader, L)
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Filing
99
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/24/15 recommending that defendants' summary judgment motion 85 be granted as to the following claims: 1) defendant Miranda allowed plaintiff's antibiotic pres cription to expire; 2) defendants McBride, Kelly, Leone and Morris violated the Eighth Amendment by exposing plaintiff to the elements: defendants' motion should be denied in all other respects. MOTION for SUMMARY JUDGMENT 85 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
97
ORDER denying plaintiff's 95 Motion for Reconsideration signed by Chief Judge Morrison C. England, Jr., on 2/12/15. (Kastilahn, A)
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Filing
82
ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2014 DENYING plaintiff's 76 motion requesting that the court schedule a jury trial. (Yin, K)
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Filing
81
ORDER adopting 66 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 4/15/14: The following claims are dismissed: 1) defendants McBride and Kelly used excessive force; 2) defendant Clark failed to give plaintiff his medication on December 23, 2008; and 3) all claims against defendant LaJeuenesse. (Kaminski, H)
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Filing
77
SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/2014 ORDERING that discovery is CLOSED; All Pretrial Motions shall be filed on or before 9/5/2014; Pretrial and trial dates will be set as appropriate; and defendants' 74 motion to modify the scheduling order is GRANTED. (Yin, K)
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Filing
72
ORDER signed by Magistrate Judge Kendall J. Newman on 02/28/14 ordering that within 21 days of the date of this order, the parties shall file the status reports discussed above. (Plummer, M)
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Filing
66
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 01/30/14 recommending that the following claims be dismissed: 1) defendants McBride and Kelly used excessive force; and 2) defendant Clark failed to give plaintiff his medication on 12/23/08; and 3) all claims against defendant LaJeuenesse. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
65
ORDER ADOPTING 64 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 1/28/2014. Defendants' 30 Motion to Dismiss is GRANTED on grounds that plaintiff's claims alleging defendant Miranda failed to return him for surgery and defendant Clark denied plaintiff medical care and medication on 9/9/2008 are not exhausted. (Marciel, M)
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Filing
64
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/23/13 ORDERING that defendants motion to dismiss 30 plaintiffs excessive force claim against defendants McBride and Kelly and his claim that defendant Clark f ailed to give him his medication on December 23, 2008, is granted with leave to amend; plaintiff is granted thirty days to file an amended complaint; defendants response to the amended complaint is due twenty days thereafter; if plaintiff does not f ile an amended complaint, defendants shall file an answer to the original complaint within 45 days of the date of this order; it is RECOMMENDED that defendants motion to dismiss 30 plaintiffs claims alleging that defendant Miranda failed to return plaintiff for surgery and that defendant Clark denied plaintiff medical care and medication on September 9, 2008, be granted. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2013 VACATING the 52 findings and recommendations; within 14 days, defendants shall file the further briefing discussed in this order; and plaintiff's 56 , 58 amended complaints, and the 60 answer are DISREGARDED. (Yin, K)
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Filing
59
ORDER signed by Chief Judge Morrison C. England, Jr on 11/12/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/4/13 51 are ADOPTED IN FULL; and Defendant LaJeunesse's MOTION to Dismiss 25 is GRANTED WITH LEAVE TO AMEND. (Mena-Sanchez, L)
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Filing
55
ORDER ADOPTING 50 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 10/29/2013. Defendant Norman (HDSP Correctional Officer) is DISMISSED without prejudice. (Marciel, M)
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Filing
52
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/11/13 ORDERING that defendants motion to dismiss 30 plaintiffs excessive force claim against defendants McBride and Kelly and his claim that defendant Cla rk failed to give him his medication on December 23, 2008 is granted with leave to amend; plaintiff is granted thirty days to file an amended complaint; defendants response to the amended complaint is due 20 days thereafter; if plaintiff does not file an amended complaint, defendants shall file an answer to the original complaint within 45 days of the date of this order; It is RECOMMENDED that defendants motion to dismiss 30 plaintiffs claims alleging that defendant Miranda failed to re turn plaintiff for surgery and that defendant Clark denied plaintiff medical care and medication on September 9, 2008, be granted on grounds that these claims are not exhausted. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
51
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/4/13 RECOMMENDING that 25 MOTION to DISMISS be granted. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
50
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/27/13 RECOMMENDING that defendant Norman be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days (Dillon, M)
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Filing
44
ORDER signed by Magistrate Judge Kendall J. Newman on 8/15/2013 VACATING 40 FINDINGS AND RECOMMENDATIONS. Plaintiff is GRANTED 30 days from the date of this order to file his objections to the motion to dismiss. No further extensions of time to file oppositions will be granted. (Donati, J)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/13 ORDERING the Clerk to assign a District Judge to this Action; This Action is ASSIGNED to Chief Judge Morrison C. England, Jr. The New Case Number is 2:12-cv-2154 MCE KJN (PC). IT IS REC OMMENDED that Defendant LaJeunesse's MOTION to Dismiss 25 be granted; The motion to DISMISS filed on behalf of defendants Hougland, Miranda, Clark, McBride and Kelly 30 be granted. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&R due within fourteen days.(Mena-Sanchez, L)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/2013 ORDERING that within 20 days, counsel for the defendants Hougland, Miranda, McBride, Clark, Leone, Morris and Kelly shall provide the further information discussed in this order regarding defendant Norman; and plaintiff's 33 motion for appointment of counsel is DENIED. (Yin, K)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/13 ORDERING that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to defendant LaJeunesses motion to dismiss. (Dillon, M)
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Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 12/06/12 ordering the clerk of the court is directed to return the copy of the complaint submitted by plaintiff on 08/17/12. Within 30 days plaintiff shall submit to the court 10 copies of the complaint required to effect service. (Plummer, M)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 10/31/12 be made from Prison Account of Richard Kimbro. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to th e 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). (Meuleman, A) Modified on 11/1/2012 (Meuleman, A).
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Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/12 ORDERING that 2 Motion to Proceed IFP is DENIED without prejudice; Within 30 days from the date of this order, plaintiff shall complete the Notice of Submission and submit to the court a complete Application to Proceed In Forma Pauperis By a Prisoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
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