Calhoun v. Gomez et al
Plaintiff: Jamont L. Calhoun
Defendant: M. Gomez, K. Young and C. Heintschel
Case Number: 2:2012cv02856
Filed: November 21, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 29, 2017 Opinion or Order Filing 123 ORDER denying 120 Motion to Appoint Counsel signed by Magistrate Judge Deborah Barnes on 03/28/17. (Plummer, M)
March 17, 2017 Opinion or Order Filing 122 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 3/17/2017 ORDERING the custodian to produce Jamont L. Calhoun #K-96225, to testify in USDC at 9:00 a.m. on 3/30/2017 in courtroom #4, before Magistr ate Judge Craig M. Kellison; 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 Warden. (cc: ADR, CMK, OTCD-SAC) (Yin, K)
October 11, 2016 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Deborah Barnes on 10/7/2016 GRANTING plaintiff's 117 motion to modify the scheduling order. The dates set out in the 6/20/2016 scheduling order are extended as follows: all requests for discovery shall be served no later than 11/4/2016; discovery due by 12/31/2016; any motion to amend must be filed no later than 12/31/2016; and dispositive motions shall be filed by 3/31/2017. (Yin, K)
May 17, 2016 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2016 ORDERING the Clerk to STRIKE the "second amended complaint" and defendants' 94 motion to strike is DENIED as moot. Plaintiff's 91 motion to compel is GRANTED as to interrogatory number 13 directed to defendant Young and is otherwise DENIED. Defendant Young shall serve plaintiff with a further response to interrogatory number 13 within 21 days. Defendants shall respond to plaintiff's "motion to extend discovery cut-off date" 100 within 21 days.(Yin, K)
April 7, 2016 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/06/16 ordering defendants' request 104 is granted. The deadline for dispositive motions set in the 09/09/15 discovery and scheduling order 78 is vacated. If defendant Green is properly served and files an answer, the court will issue a revised discovery and scheduling order, setting a new date for the filing of dispositive motions. (Plummer, M)
February 22, 2016 Opinion or Order Filing 97 ORDER ADOPTING 88 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 02/22/16 ORDERING that plaintiff's 86 Motion for Preliminary Injunction is DENIED. (Benson, A)
December 21, 2015 Opinion or Order Filing 88 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/21/15 recommending that plaintiff's motion for a preliminary injunction 86 be denied. MOTION for PRELIMINARY INJUNCTION 86 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
October 14, 2015 Opinion or Order Filing 80 ORDER denying 79 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 10/14/15. (Plummer, M)
May 8, 2015 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/07/15 ordering the Marshal's Office is instructed to inform the court within 21 days from the date of this order whether it has attempted to personal serve defendant Green after its attempts to secure a waiver of service from Greene were unsuccessful. The Marshal's Office may comply with these instructions by filing an amended form USM-285/Process Receipt and Return. (cc: USM) (Plummer, M)
March 4, 2015 Opinion or Order Filing 71 ORDER signed by Judge Garland E. Burrell, Jr on 3/4/15 ADOPTING IN FULL 69 Findings and Recommendations; DENYING AS MOOT AND UNTIMELY 62 Motion for Extension of Time. (Meuleman, A)
January 6, 2015 Opinion or Order Filing 69 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/5/2015 RECOMMENDING that plaintiff's 62 motion for extension of time be denied as both moot and untimely. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
October 30, 2014 Opinion or Order Filing 61 ORDER signed by Judge Garland E. Burrell, Jr on 10/30/2014 ADOPTING 40 Findings and Recommendations in full. Defendant Merriweather is DISMISSED from this action. (Donati, J)
October 17, 2014 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2014 DENYING plaintiff's 56 Rule 25 motion. (Yin, K)
June 17, 2014 Opinion or Order Filing 55 ORDER denying 54 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 06/16/14. (Plummer, M)
May 30, 2014 Opinion or Order Filing 50 ORDER denying 48 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 05/29/14. (Plummer, M)
May 21, 2014 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/20/14 ordering within 14 days from the date of service of this order, defendant Gomez shall pay to the U.S. Marshal the sum of $192.16, unless within that time fe files a written statement showing good cause for failing to waive service. The clerk of the court shall also serve a copy of this order on the U.S. Marshal. (Plummer, M)
May 12, 2014 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/2014 ORDERING within 21 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM-285 form; F ailure to comply with this order may result in a dismissal of defendant Green; Clerk shall send plaintiff USM-285 form; 40 FINDINGS and RECOMMENDATIONS are in abeyance, and plaintiff has until 5/18/2014 to file an appropriate motion related to defendant Merriweather; should plaintiff fail to timely comply, those findings and recommendations will be submitted to the district court of consideration. (Waggoner, D)
April 9, 2014 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/9/2014 RECOMMENDING that defendant Merriweather be dismissed from this action. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days.(Yin, K)
April 8, 2014 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 denying 29 Motion to Compel/request for court assistance. Plaintiff's request for an extension of time 30 is granted. The clerk of the court shall mail plaintiff a form USM-285. Within 30 days from the date this order is served, plaintiff must submit the attached notice of submission of documents with the completed form USM-285 providing new instructions for service of process upon defendant Green. (Plummer, M)
February 14, 2014 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/14 ORDERING that Clerk of the Court shall mail plaintiff a form USM-285. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with the completed form USM-285 providing new instructions for service of process upon defendant Green.(Dillon, M)
December 24, 2013 Opinion or Order Filing 25 ORDER signed by Judge Garland E. Burrell, Jr on 12/24/13 ADOPTING IN FULL 14 Findings and Recommendations. Claims against defendants Goodrich and Kuppinger are DISMISSED from this action as improperly joined and the claims against defendants Edington and Heintschel are DISMISSED from this action for failure to state a claim upon which relief may be granted. (Meuleman, A)
October 23, 2013 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/13 ordering plaintiff's request contained within his objections 18 is granted to the extent that the 09/20/13 findings and recommendations are held in abeyance. Plaintiff has 60 day s to comply with the court's 8/14/13 order 14 . Should plaintiff fail to comply, those findings and recommendations will be submitted to the district judge for consideration. The clerk is directed to re-serve the court's 08/14/13 order 14 and the documents referenced therein. (Plummer, M)
September 20, 2013 Opinion or Order Filing 15 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/19/13 RECOMMENDING that this action be dismissed for failure to prosecute. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
August 14, 2013 Opinion or Order Filing 14 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/13/13 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for M. Gomez, Green, Merriweather, K. Young. Clerk to send plaintiff: instruction sheet, 1 Summons, 4 USM-285 Forms, and 1 copy of the Amended Complaint filed on 4/22/13. It is RECOMMENDED that claims against defendants Goodrich and Kuppinger be dismissed from this action as improperly joined and that the claims against defendants Edington and Heintschel be dismissed from this action for failure to state a claim upon which relief may be granted. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
March 25, 2013 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 3/22/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Jamont L. Calhoun to the clerk until the balance of $35 0 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
November 29, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/29/12 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the IFP application. Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
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Plaintiff: Jamont L. Calhoun
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Defendant: M. Gomez
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Defendant: K. Young
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Defendant: C. Heintschel
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