Washington v. Essex et al
Plaintiff: Tracye Benard Washington
Defendant: C. Essex and C. Banyas
Case Number: 2:2012cv03054
Filed: December 20, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
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
April 30, 2024 Opinion or Order Filing 245 ORDER signed by Magistrate Judge Deborah Barnes on 4/29/2024 DISMISSING this action with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). CASE CLOSED.(Huang, H)
April 4, 2024 Opinion or Order Filing 243 ORDER signed by Magistrate Judge Deborah Barnes on 4/3/2024 and stipulated between the parties to have up to and including 5/1/2024 for the parties to file dispositional documents in this matter.(Yin, K)
February 12, 2024 Opinion or Order Filing 231 ORDER signed by Magistrate Judge Deborah Barnes on 2/12/2024 DENYING without prejudice the 198 renewed motion to compel and VACATING the 2/23/2024 hearing of the motion. (Yin, K)
February 9, 2024 Opinion or Order Filing 229 ORDER signed by District Judge Dale A. Drozd on 02/08/2024 GRANTING 227 Request to Seal Exhibit C in Support of 226 Opposition. Defendant Essex shall send a pdf copy of Exhibit C via email to ApprovedSealed@caed.uscourts.gov for filing under seal on the docket in this action.(Lopez, K)
January 5, 2024 Opinion or Order Filing 222 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 1/4/2024 ORDERING the custodian to produce Tracye Benard Washington T-81075, before Magistrate Judge Deborah Barnes, by Zoom video conference, on 2/29/2024 at 10:00 a.m.; 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; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Shelly Her. (cc: ADR) (Yin, K)
December 5, 2022 Opinion or Order Filing 185 ORDER signed by District Judge Dale A. Drozd on 12/2/2022 GRANTING 176 Motion for Discovery. Expert discovery is REOPENED as to all parties; and Limited fact discovery is REOPENED as to Plaintiff, as described herein; The court now sets the followi ng case schedule: Close of limited fact discovery: 3/10/2023; Expert disclosure deadline 4/10/2023; Rebuttal expert disclosure deadline 5/10/2023; Close of Expert Discovery 6/9/2023; Deadline to file dispositive Motions 7/7/2023; The Final Pretrial Conference is SET for 10/3/2023 at 1:30 PM. The Jury Trial is SET for 12/4/2023 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Mena-Sanchez, L)
June 20, 2018 Opinion or Order Filing 118 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 6/20/2018 ORDERING the custodian to produce Tracye Benard Washington T-81075, to testify in USDC at 9:00 a.m. on 8/20/2018 in courtroom 6, before D istrict Judge John A. Mendez; 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)
June 19, 2018 Opinion or Order Filing 117 ORDER signed by Magistrate Judge Deborah Barnes on 06/18/18 DENYING 86 , 106 plaintiff's motions for the appointment of an expert witness and DENYING 116 motion for sanctions. (Plummer, M)
May 31, 2018 Opinion or Order Filing 113 ORDER signed by District Judge John A. Mendez on 5/30/2018 ADOPTING 105 findings and recommendations in full. Plaintiff's 100 Motion for Protective Order is DENIED. (Zignago, K.)
April 27, 2018 Opinion or Order Filing 109 ORDER ADOPTING 98 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 04/26/18 DENYING without prejudice 94 95 Motions for Injunctive Relief. (Benson, A.)
April 10, 2018 Opinion or Order Filing 105 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/5/2018 ORDERING Counsel for defendants to contact the Litigation Coordinator at CHCF to determine whether plaintiff has access to his personal legal property and w ithin 14 days after the filing of this order, file and serve a statement reflecting the findings; DENYING without prejudice 102 Request for Appointment of Counsel; and RECOMMENDING 100 Motion for Protective Order be denied. Referred to Judge John A. Mendez. Objections to F&R due within 14 days after being served with these findings and recommendations. (Henshaw, R)
January 24, 2018 Opinion or Order Filing 98 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/23/2018 ORDERING Counsel for defendants to inform the court where plaintiff is currently housed, contact the Litigation Coordinator where Plaintiff is currently hou sed to determine what, if any, access Plaintiff currently has to the law library, legal materials, and photocopying, and within 21 days after the filing date of this order, file and serve a statement reflecting the findings of such inquiry; DENYING w ithout prejudice 94 Request for Appointment of Counsel; and RECOMMENDING 94 and 95 Requests for Injunctive Relief for a court order directing him returned to prison be denied. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
January 5, 2018 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2018 ORDERING 88 pretrial order is amended on page 6, lines 17-18 should read as, "Whether defendants were justified in involuntarily medicating plaintiff on March 18, 2012 and April 4, 2012." and amended on page 12, lines 12-13 should read as, "Jury Trial is set for May 21, 2018 at 09:00 a.m. in Courtroom 6 before the Honorable John A. Mendez." (Henshaw, R)
June 16, 2017 Opinion or Order Filing 76 ORDER denying 75 Motion to Appoint Counsel signed by Magistrate Judge Deborah Barnes on 06/15/17. (Plummer, M)
May 19, 2017 Opinion or Order Filing 74 ORDER signed by District Judge John A. Mendez on 5/18/17 ORDERING that the findings and recommendations filed 3/10/2017 (ECF No. 71 ) are ADOPTED in full; and Defendants' motions for summary judgment (ECF Nos. 63 ; 64 ) are DENIED. (Becknal, R)
March 10, 2017 Opinion or Order Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/09/17 recommending that defendants' motions for summary judgment 63 , 64 be denied. Motions 63 and 64 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
June 2, 2016 Opinion or Order Filing 62 PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/1/16. (Kastilahn, A)
May 25, 2016 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/25/16 ORDERING that Plaintiff's motion for issuance of a subpoena 44 is DENIED as having been rendered moot; Plaintiff's motion to compel further discovery 47 is DENIED; Pl aintiff's motion for an order barring defendants from participating in further discovery 59 is GRANTED. With respect to the documents defense counsel has submitted for in camera review, the court has determined that defendant Dr. Essex m ust produce certain documents to plaintiff. The court will order that any documents disclosed be subject to a protective order. Within 30 days of the date of this order, defense counsel shall submit a proposed protective order to this court. (Dillon, M)
April 1, 2016 Opinion or Order Filing 56 ORDER signed by District Judge John A. Mendez on 3/31/2016 ORDERING that the 53 findings and recommendations are ADOPTED in full. Defendant's 41 motion to strike plaintiff's claim for punitive damages is DENIED. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
March 1, 2016 Opinion or Order Filing 53 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/1/16 ORDERING that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. It is RECOMMENDED that defendants' motion to strike plaintiff's claim for punitive damages (Doc. No. 41 ) be denied. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
February 25, 2015 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Dale A. Drozd on 02/25/15 ordering within 14 days of the date of this order, defense counsel shall clarify whether she represents both defendant doctors in this action. If defense counsel only represents defendant Dr . Essex, the court directs counsel to make an informal inquiry as to whom, if anyone, represents defendant Dr. Banyas in this action and report back to this court regarding that issue. Plaintiff's motions to compel 27 and 31 are denied exce pt that within 30 days of the date of this order, defendant Dr. Essex shall submit to the chambers of the undersigned for in camera review responsive documents (set two) Nos. 1,5,10, and 13-14. Defendant Dr. Essex's submission shall be accompan ied by a detailed log that: 1) describes the submitted documents, and 2) sets forth the defendant's argument, including citation to specific legal authority, for withholding the documents (or portions of documents) at issue from plaintiff. The c ourt will then determine whether it is appropriate to order the defendant to produce the documents, whether in unredacted or redacted form and/or subject to a protective order. Plaintiff's motion for appointment of counsel 26 is denied. (Plummer, M)
November 20, 2013 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/13 denying 15 Motion for a court order. (Plummer, M)
August 21, 2013 Opinion or Order Filing 10 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 8/21/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Tracye Washington to the clerk until the balance of $350 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)
January 8, 2013 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Dale A. Drozd on 1/7/13 ORDERING that plaintiff shall submit, within 30 days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis on the form provided with this order; and Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(Dillon, M)
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Plaintiff: Tracye Benard Washington
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Defendant: C. Essex
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