Dixie v. Virga et al
| James Lewis Dixie |
| Tim Virga, Marc Elia and Daaiyallah Fardan |
| 2:2012cv02626 |
| October 23, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Lawrence K. Karlton |
| John F. Moulds |
| 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
108
ORDER signed by Chief Judge Morrison C. England, Jr on 8/3/15. Pursuant to 107 Stipulation, this action is DISMISSED WITH PREJUDICE, with each side to bear its own attorney's fees and costs. The Clerk of the Court is DIRECTED to CLOSE this action. CASE CLOSED. (Meuleman, A)
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Filing
92
ORDER signed by Magistrate Judge Dale A. Drozd on 1/29/15 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for C. Cannedy, Tim Virga. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Amended Complaint filed on 8/11/14. Plaintiff's motion to compel further responses to interrogatory no. 19 propounded on defendant Fardan 74 is granted. Plaintiff's motion to compel further responses to interrogatory nos . 11, 18, and 21 propounded on defendant Fardan 74 is denied. Plaintiffs motion to compel further responses to interrogatory no. 6 propounded on defendant Elia 74 is granted. Plaintiffs motion to compel further responses to interrogatories nos . 9, 20, 23, and 25 propounded on defendant Elia 74 is denied. Within 21 days from entry of this order, defendant Elia shall submit to the chambers of the undersigned for in camera review documents responsive to plaintiff's request for prod uctions nos. 1-3, 8, 9, 18, and 20. Plaintiffs motion to compel further responses to requests for production nos. 4-6 and 21 propounded on defendant Elia 74 is denied. Plaintiff's motion to appoint counsel 84 is denied. Defendant Fardan 9;s motion requesting that the court screen plaintiff's first amended complaint 83 is denied as moot. Defendant Fardan's motion seeking to waive his right to reply to the first amended complaint 83 is denied in that both defendant Fa rdan and defendant Elia will be required to timely file responsive pleadings to the first amended complaint upon issuance of this order. The discovery deadline of December 5, 2014 and non-motion deadline of March 6, 2015 will be reset at such time as defendants C. Cannedy and Warden Tim Virga appear in this action.(Dillon, M)
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Filing
71
ORDER signed by Judge Lawrence K. Karlton on 7/23/2014 ORDERING that Plaintiff's 49 motion for reconsideration of this court's 2/19/2010 order is DENIED. Plaintiff may, within thirty days after the filing date of this order, file and s erve an amended complaint that conforms to the requirements set forth in the undersigned's 2/19/2014 order, and the magistrate judge's 1/16/2014 findings and recommendations. The 56 Scheduling Order is amended as follows: The deadline f or exchanging discovery, and for filing any motion to compel discovery, is EXTENDED to 12/5/2014; The deadline for filing dispositive motions is EXTENDED to 3/6/2015. Plaintiff's 58 request to stay this action, and 64 request to expedite the instant ruling, are DENIED AS MOOT. (Zignago, K.)
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Filing
70
ORDER signed by Magistrate Judge Dale A. Drozd on 7/10/14 ORDERING that Timothy P. Murphy, Esq. of Edrington, Schirmer & Murphy LLP will substitute in as counsel of record for defendant Elia in place of California Deputy Attorney General Russa M. Boyd.(Dillon, M)
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Filing
63
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Dale A. Drozd on 05/27/14 ordering the previous 05/22/14 writ of habeas corpus ad testificandum is hereby vacated. The Custodian shall produce James Lewis Dixie on 06/12/14 at 1:00 p.m. in courtroom 25 before Magistrate 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 and KJN). (Plummer, M)
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Filing
61
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 5/21/2014 ORDERING the custodian to produce James Lewis Dixie #D-11174, to testify in USDC at 1:00 PM on 6/12/2014 in courtroom #25, before Magistrate Judge Kendall J. Newman; 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, KJN) (Yin, K)
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Filing
54
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 03/31/14 ordering plaintiff and counsel for defendants have agreed to a second extension of the deadline for defendants to respond to plaintiff's motion for a preliminary injunction to 04/11/14. (Plummer, M) Modified on 3/31/2014 (Plummer, M).
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Filing
50
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/2014 and agreed between the parties to EXTEND the time for defendents to respond to plaintiff's motion for preliminary injunction to 3/31/2014. (Yin, K)
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Filing
48
ORDER signed by Magistrate Judge Dale A. Drozd on 3/4/14 ORDERING that the courts February 21, 2014 order to show cause 44 is DISCHARGED. Within 21 days of this order, defendants shall file an opposition to plaintiffs Motion for Preliminary Injunction 37 . Plaintiff may file a reply, if any, within seven days after defendants file their opposition.(Dillon, M)
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Filing
44
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 02/20/14 ORDERING within 10 days of this order, defendants shall file an opposition to plaintiff's motion for preliminary injunction. Within 10 days of this order, defen dants shall also file a statement showing cause why sanctions should not be imposed for their failure to file an opposition or statement of non-opposition in accordance with the court's local rules. Plaintiff may file a reply within 7 days after defendants file an opposition to the pending motion for preliminary injunction. (Plummer, M)
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Filing
43
ORDER signed by Judge Lawrence K. Karlton on 2/19/2014 ORDERING that the 39 Findings and Recommendations are ADOPTED in full. Defendants' 28 motion to dismiss is GRANTED in part and DENIED in part. (Zignago, K.)
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Filing
39
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/15/14 ORDERING that plaintiffs August 28, 2013 motion to expedite 35 is DENIED; and it is RECOMMENDED that Defendants May 9, 2013 motion to dismiss 28 be grant ed in part and denied in part; All of plaintiffs claims against defendant Warden Virga be dismissed with leave to amend within 30 days of any order adopting these findings and recommendations; Plaintiffs claims under the Equal Protection Clause o f the Fourteenth Amendment be dismissed with leave to amend within 30 days of any order adopting these findings and recommendations; Plaintiffs request for monetary damages against defendants under the Religious Land Use and Institutionalized Pers ons Act be dismissed without leave to amend; Plaintiffs claim for an award of monetary damages against defendants in their official capacities be dismissed without leave to amend; Plaintiffs claims based on the California Penal Code, Title 15 of t he California Code of Regulations, and the Department Operations Manual be dismissed without leave to amend; and Defendants motion to dismiss be denied with respect to plaintiffs remaining claims under the Free Exercise Clauses of the United States and California Constitutions and the Religious Land Use and Institutionalized Persons Act. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
27
ORDER signed by Magistrate Judge Dale A. Drozd on 4/28/2013 ORDERING that within 30 days, plaintiff shall pay to the USM the sum of $24.00 and shall file proof of such payment with this court; and the Clerk shall serve a copy of this order on the USM. (cc: DAD, USM)(Yin, K)
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Filing
15
ORDER signed by Magistrate Judge John F. Moulds on 1/18/13 DENYING 12 Motion to Appoint Counsel. (Manzer, C)
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