Gray v. Virga, et al.
Plaintiff: Bernardos Gray, Jr.
Defendant: T. Virga, M. Nielson, S. Phelps, M. Starnes, N. Gam and G. Wangombe
Case Number: 2:2012cv03006
Filed: December 13, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
March 7, 2017 Opinion or Order Filing 124 ORDER signed by District Judge Kimberly J. Mueller on 3/6/17:The findings and recommendations 121 , are adopted in full. Defendants' motion for summary judgment 100 is granted in part and denied in part. (Kaminski, H)
January 26, 2017 Opinion or Order Filing 123 ORDER signed by Magistrate Judge Allison Claire on 1/26/2017 ORDERING the 122 proposed order granting substitution of attorney is construed as a notice of appearance. The Clerk shall update the docket to reflect that plaintiff is represented by counsel as indicated in the notice of appearance. Attorney Andrey R. Yurtsan for Bernardos Gray, Jr added. (Yin, K)
January 12, 2017 Opinion or Order Filing 121 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/12/17 ORDERING that the September 28, 2016 order to show cause and findings and recommendations 116 are vacated. Also, RECOMMENDING that that defendants motion fo r summary judgment 100 be granted in part and denied in part as follows: a. Granted as to defendant Nielson; b. Granted as to the request for injunctive relief against defendant Virga and denied in all other respects as to Virga; c. Denied as to defendants Gam and Starnes. Motion for Summary Judgment 100 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 1/12/2017 (Plummer, M).
September 28, 2016 Opinion or Order Filing 116 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/28/16 ORDERING that within 30 days of service of this order, plaintiff shall show cause why his claims for failure to train and implementation of a deficient polic y against defendant Virga should not be dismissed for failure to state a claim. Also, RECOMMENDING that defendants' motion for summary judgment 100 be granted in part and denied in part as follows: granted as to defendant Nielson; Granted as to the request for injunctive relief against defendant Virga and denied in all other respects as to Virga; Denied as to defendants Gam and Starnes. Motion for Summary Judgment 100 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
March 24, 2016 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Allison Claire on 3/24/2016 GRANTING, plaintiff's 108 motion for a court order, to the extent the certifies that plaintiff is proceeding pro per and in forma pauperis in this federal civil rights proceedin g and will serve this order on the Sheriff of Sacramento County; it is DENIED in all other respects. The Clerk shall serve a copy of this order on the Sheriff of Sacramento County. Plaintiff's 109 motion for an extension of time is GRANTED and plaintiff shall have 7 days to file and serve his opposition to defendants' motion for summary judgment. (Yin, K)
March 1, 2016 Opinion or Order Filing 107 ORDER signed by District Judge Kimberly J. Mueller on 2/29/2016 ADOPTING IN FULL 95 Findings and Recommendations; DENYING 90 Motion for Preliminary Injunction or Protective Order. (Michel, G.)
January 25, 2016 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Allison Claire on 1/25/16 ordering that within 30 days of service of this order, defendants may re-notice, re-file and re-serve their motion for summary judgment. Defendants may simply re-file their original summary -judgment motion with an updated certificate of service, in accordance with Local Rule 230(l), plaintiff's response to the motion shall be filed within 21 days after service of the motion. Defendants may reply within 7 day after the response has been filed in CM/ECF. (Plummer, M)
October 6, 2015 Opinion or Order Filing 95 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/5/2015 DENYING as moot plaintiff's 93 motion for an extension. Defendants' deadline to re-file their motion for summary judgment is VACATED and will be re-set at a later date. Plaintiff shall notify the court that he is in possession of his legal property within 7 days of receiving it. If plaintiff has not received his legal property by 11/4/2015 he shall file a notice with the court by 11/12/2015 i n accordance with this order. IT IS RECOMMENDED that plaintiff's 90 motion for preliminary injunction or protective order be denied as moot. Referred to Judge Kimberly J. Mueller; Objections to the findings and recommendations due by 10/20/2015. (Yin, K)
September 8, 2015 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 9/8/2015 ORDERING that within 10 days, defendants shall file a notice with the court advising whether the CDCR is still in possession of plaintiff's legal property. If the CDCR is still in pos session of plaintiff's property, defendants shall also advise when plaintiff's property is expected to be forwarded to plaintiff. If the CDCR is no longer in possession of plaintiff's legal property, defendants shall advise when plaintiff's legal property was released.(Yin, K)
August 26, 2015 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Allison Claire on 8/25/2015 VACATING defendants' 64 motion for summary judgment. Within 30 days, plaintiff shall notify the court of his new address and either pay the filing fee in full or submit a non-priso ner ifp application. Upon the filing of plaintiff's notice of change of address, defendants shall have 30 days to re-notice, re-file, and re-serve their original motion for summary judgment. Plaintiff's 88 motion for for extension is DENIED as moot. (Yin, K)
July 17, 2015 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Allison Claire on 07/17/15 denying 82 Motion to Compel. Plaintiff may file a supplemental opposition to the defendants' motion for summary judgment within 21 days of this order. Defendants time to file a rep ly in support of their motion for summary judgment will not begin to run until plaintiff either files his supplemental opposition or his time for doing so expires, whichever occurs first. Defendants shall then have 14 days to file a reply. (Plummer, M)
April 30, 2015 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Allison Claire on 4/29/2015 ORDERING the Clerk to re-serve the 4/1/2015 order on plaintiff at CSP-Sac; the Clerk shall serve this order on plaintiff at both his address of record and at CSP-Sac; plaintiff must file a notice of change of address within 14 days; plaintiff may file a supplemental opposition to the defendants' motion for summary judgment within 30 days of service of defendants' supplemental discovery responses; defendants' time to file a reply in support of their motion for summary judgment will not begin to run until plaintiff either files his supplemental opposition or his time for doing so expires, whichever occurs first, defendants shall have fourteen days to file a reply.(Yin, K)
April 1, 2015 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Allison Claire on 4/1/15 ORDERING that Defendants shall submit, within 14 days of this order, a status report regarding plaintiffs access to his medical and mental health records and his C-file. If the defendants choo se to provide plaintiff with copies of the documents, the status report should reflect this and the documents must be produced within 30 days of this order. Plaintiffs motions to compel further discovery responses (ECF Nos. 48 , 51 , 56 ) are gran ted in part, to the extent specified above, as to the following discovery requests: a. Requests for Production Nos. 1 through 5, set 1, submitted to all defendants;b. Request for Production No. 2, set 2, submitted to defendant Virga;c. Interrogatorie s Nos. 1 and 2, set 2, submitted to defendants Starnes and Gam; d. Interrogatory No. 4, set 2, submitted to defendant Gam. The motions to compel are denied in all other respects. The discovery responses and documentation herein ordered must be provi ded toplaintiff within thirty days of this order and defendants must promptly file a notice of compliance with the court. Plaintiffs deadline to respond to the defendants motion for summary judgment shall be extended until thirty days after service of the defendants supplemental responses. In the event plaintiff files his response prior to his receipt of this order, he shall be permitted to file a supplemental response within thirty days of service of defendants' supplemental responses. Plaintiff's pretrial statement (ECF No. 52 ) shall be disregarded. Plaintiffs motions for court orders for inmates Smith, Williams, and Mouton to be present at trial (ECF Nos. 53 , 54 , 55 ) are denied as premature.(Dillon, M)
October 7, 2014 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Allison Claire on 10/7/2014 DENYING, as premature, plaintiff's 44 motion to compel the production of documents, and responses to interrogatories directed to T. Virga, M. Nielson, N. Gam and M. Starnes; plaint iff's 48 motion to compel the production of documents, and responses to interrogatories directed to N. Gam and M. Starnes will be held in ABEYANCE pending the filing of defendants' responses to plaintiff's discovery requests; defendants shall, no later than 30 days, FILE the responses they served on plaintiff on 7/14/14, relating to (1) plaintiff's request for production of documents, and (2) plaintiff's interrogatories directed to N. Gam and M. Starnes. (Yin, K)
July 21, 2014 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Allison Claire on 7/18/2014 DENYING plaintiff's 45 request for the appointment of counsel. (Yin, K)
April 3, 2014 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 4/2/14 ORDERING that plaintiffs motion to amend (ECF No. 38 ) is denied without prejudice; and Plaintiff's motion for default judgment (ECF No. 39 ) is denied.(Dillon, M)
March 31, 2014 Opinion or Order Filing 40 ORDER signed by Judge Kimberly J. Mueller on 3/31/2014 ORDERING 36 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 14 Motion to Dismiss is GRANTED as to defendants Wangombe and Phelps; and DENIED with respect to defendants Virga, Nielson, Starnes and Gam; and defendants Virga, Nielson, Starnes and Gam are directed to file an answer to the complaint within 30 days from the date of this order. (Waggoner, D)
January 27, 2014 Opinion or Order Filing 36 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/27/2014 ORDERING that plaintiff's 28 motion to compel the return of his legal property is DENIED; defendants' 35 motion to strike plaintiff's unauthorized sur-reply is DENIED; and RECOMMENDING that the 14 motion to dismiss for failure to exhaust administrative remedies be granted as to defendants Wangombe and Phelps, and denied with respect to defendants Virga, Nielson, Starnes and Gam; and defendants Virga, Nielson, Starnes and Gam be directed to file an answer to the complaint within 30 days of the adoption of these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
December 30, 2013 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Allison Claire on 12/27/2013 ORDERING that defendants shall SHOW GOOD CAUSE in writing, within seven days after this order is filed, for failing to file a completed consent or request for reassignment form. Prompt filing of a completed form will be deemed full ompliance with this order and will discharge the order to show cause.(Waggoner, D)
October 24, 2013 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Allison Claire on 10/23/2013 ORDERING that plaintiff's 21 motion is GRANTED in part and DENIED in part; and plaintiff's response to defendants' motion to dismiss is now due on or before 11/15/2013. (Yin, K)
July 26, 2013 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Allison Claire on 7/26/13 ORDERING that plaintiff's 15 motion for an extension of time is granted. Plaintiff shall file his opposition on or before 8/31/2013. Defendants' reply, if any, shall be filed within seven days thereafter. (Kastilahn, A) Modified on 7/26/2013 (Kastilahn, A).
February 27, 2013 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 2/27/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Bernardos Gray, Jr. to the clerk until the balance of $3 50 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)
December 21, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Allison Claire on 12/20/12 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; 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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Search for this case: Gray v. Virga, et al.
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Plaintiff: Bernardos Gray, Jr.
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Defendant: T. Virga
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Defendant: M. Nielson
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Defendant: S. Phelps
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Defendant: M. Starnes
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Defendant: N. Gam
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Defendant: G. Wangombe
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