McClintock v. Colosimo, et al
| John McClintock |
| Colosimo, Beshears and Meriweather |
| 2:2013cv00264 |
| February 11, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| John F. Moulds |
| Troy L. Nunley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
122
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 4/2/2018 ORDERING the Custodian to produce John McClintock via video conference at 9:00 a.m. on 5/10/2018 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. (cc: IT Dept and KJN) (Henshaw, R)
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Filing
117
ORDER signed by Magistrate Judge Deborah Barnes on 03/06/18 ORDERING ( Settlement Conference set for 5/10/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.)The parties are directed to exchange non-confidential settleme nt statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlement sta tement Attn: Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so that it arrives at least seven (7) days prior to the settlement conference. The envelope shall be marked SETTLEMENT STATEMENT. The date and time of the settlement conference shall be prominently indicated on the settlement statement. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (cc: KJN) (Plummer, M)
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Filing
108
ORDER signed by Magistrate Judge Deborah Barnes on 08/15/17 granting 104 Motion to Compel. Within 7 days of the filed date of this order, defendants' counsel shall contact the litigation coordinator at MCSP to inform him or her that plaintif f must be permitted to communicate with inmate Rameses immediately. Plaintiff's motion for extension of time 105 is granted. By 9/30/17, plaintiff shall file his pretrial statement and any motions necessary for the attendance of witnesses at trial. By 10/15/17, defendants shall file their pretrial statement. (Plummer, M)
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Filing
106
ORDER signed by Magistrate Judge Deborah Barnes on 08/01/17 ordering within 7 days of the filed date of this order, defendants shall file a response to plaintiff's motion to compel. (Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Deborah Barnes on 6/21/2017 GRANTING plaintiff's 99 motion for an extension of time. By 8/15/2017, plaintiff shall file his pretrial statement; defendant shall file their pretrial statement by 8/31/2017. Plaintiff's 100 motion for internal affairs to submit a report is DENIED. (Yin, K)
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Filing
98
ORDER signed by Magistrate Judge Deborah Barnes on 06/05/17 granting 97 Motion to modify the further scheduling order. Defendants' pre-trial statement shall be due by 07/31/17. (Plummer, M)
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Filing
96
ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 DENYING 93 Request for Court Order on Defendants' Litigation Office Coordinator without prejudice and DENYING 94 Motion to Appoint Counsel. (Henshaw, R)
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Filing
90
ORDER adopting 86 FINDINGS AND RECOMMENDATIONS, denying 76 Motion to be returned to previous housing and denying 79 Motion for Summary Judgment signed by District Judge Troy L. Nunley on 3/31/17. (Kaminski, H)
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Filing
86
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/1/17 RECOMMENDING that defendants' motion for summary judgment (ECF No. 79 ) be denied; and Plaintiff's motion to be returned to previous housing (ECF No. 76 ) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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Filing
75
ORDER denying 73 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 4/08/16. (Plummer, M)
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Filing
74
ORDER adopting 72 FINDINGS AND RECOMMENDATIONS and denying 65 Motion for terminating sanctions or alternatively, evidentiary sanctions signed by District Judge Troy L. Nunley on 3/22/16. (Kaminski, H)
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Filing
72
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/26/16 ORDERING defendants' request for additional time to conduct plaintiff's deposition 65 is granted. Within 45 days of the date of this order, defen dants shall conduct plaintiff's deposition. Defendants' request for additional time to file a further motion to compel 65 is granted in part. Defendants may file a further motion to compel, if necessary, within 30 days after having comp leted plaintiff's deposition. Defendants' request for additional time to file a dispositive motion in this case 65 is granted. Within 90 days of the date of this order defendants shall file any dispositive motion. Plaintiff's moti on to expand the record taking judicial evidence construed as a motion to file a supplemental complaint 67 is denied. Also, RECOMMENDING that defendants' motion for terminating sanctions or alternatively, evidentiary sanctions 65 be denied. Motion for terminating sanctions or for evidentiary sanctions 65 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
61
ORDER ADOPTING 58 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 4/16/2015. The 35 Motion for Summary Judgment is GRANTED on behalf of F Casillas, Jr. and Sgt. Merriweather based on plaintiff's failure to exhaust administrative remedies prior to filing suit as required. Both defendants Casillas and Merriweather are DISMISSED from this action without prejudice. (Marciel, M)
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Filing
58
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/5/15 ORDERING that The court's February 11, 2015 findings and recommendations are vacated; Plaintiff's motion to compel 36 is DENIED; Defendants' motio n to compel 41 is GRANTED; Within 30 days of the date of service of this order, plaintiff shall serve on defense counsel full and complete responses to defendant Beshears' Request for Production of Documents to plaintiff (Set One), defendant B eshears' Request for Responses to Interrogatories (Set One), and defendant Colosimo's Request for Responses to Interrogatories (Set One). Failure to comply with this court's order in this regard will result in a recommendation that thi s action be dismissed pursuant Federal Rule of Civil Procedure 41(b); Defendants' request for an extension of time to conduct plaintiff's deposition and to file a dispositive motion 41 is granted. It is RECOMMENDED that the motion for sum mary judgment filed on behalf of defendants Casillas and Merriweather based on plaintiff's failure to exhaust administrative remedies prior to filing suit as required 35 be granted; and Defendants Casillas and Merriweather be dismissed from this action without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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Filing
51
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/10/15 recommending that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
45
ORDER signed by Magistrate Judge Dale A. Drozd on 1/08/15 denying 44 Motion for Reconsideration. Within 21 days of the date of service of this order plaintiff shall file an opposition to defendants' pending motion for summary judgment. (Plummer, M)
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Filing
43
ORDER signed by Magistrate Judge Dale A. Drozd on 10/28/14 ordering plaintiff's motion for a stay of this action and related motion for clarification 38 and 42 are denied as moot. Within 30 days of the date of service of this order, plaintiff shall file an opposition to defendants' pending motion for summary judgment. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Dale A. Drozd on 8/18/14 ORDERING that Defendants Casillas and Merriweather's motion to modify the discovery and scheduling order 33 is denied as moot; Defendants Casillas and Merriweather's amended motion to modify the discovery and scheduling order 34 is granted; Discovery is stayed as to defendants Casillas and Merriweather. In the event that the court denies defendants' pending motion for summary judgment, the parties may serve discovery requests up to sixty days after the courts ruling; and Except as stated in this order, the court's 6/27/14, discovery and scheduling order remains in effect. (Becknal, R)
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Filing
29
ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/2014 DENYING 27 Motion to Appoint Counsel. (Michel, G)
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Filing
19
ORDER signed by District Judge Troy L. Nunley on 3/7/2014 FINDINGS AND RECOMMENDATIONS 17 are ADOPTED in FULL; Defendants Roberts and Lara are DISMISSED from this action without prejudice; and this case is REFERRED back to the Magistrate Judge for the issuance of an order directing service of the amended complaint on defendants Colosimo, Beshears, Meriweather, and Casillas. (Reader, L)
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Filing
17
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/7/2014 RECOMMENDING that defendants Robert and Lara be dismissed from this action without prejudice; and if these findings and recommendations are adopted, the case be referred back to the magistrate judge for the issuance of an order directing service of the 15 amended complaint on defendants Colosimo, Beshears, Meriweather and Casillas. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
13
ORDER signed by Magistrate Judge Dale A. Drozd on 6/18/13 ORDERING that Plaintiffs April 30, 2013 motion to amend 10 is DENIED as unnecessary. Within 30 days from the date of this order, plaintiff shall submit either four copies of his original complaint or a proposed amended complaint. Plaintiffs May 14, 2013 request for additional summons 12 is DENIED without prejudice.(Dillon, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 4/22/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of John McClintock 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)
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