Garrison v. Bautista
Plaintiff: Anthony Tyrone Garrison
Defendant: Bautista
Case Number: 2:2013cv00479
Filed: March 8, 2013
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
December 21, 2015 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/18/15 recommending that plaintiff's motion for leave to file a third amended complaint 70 be denied, base on plaintiff's failure to file a complaint against C orporal Brian Estudillo within the applicable statute of limitations. Defendant's motion for summary judgment 60 be granted; and this action be dismissed. Motions 60 and 70 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
November 3, 2015 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/15 ORDERING that within 21 days, defendant is directed to file and serve a declaration, signed by Corporal Estudillo under penalty of perjury, that states the date on, and the circumstances under, which Corporal Estudillo learned of the instant lawsuit.(Dillon, M)
August 28, 2015 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/15 ORDERING that within 21 days of entry of this order, proposed defendant Corporal Estudillo is directed to serve and file either an opposition or a statement of non- opposition to plaintiff's motion to amend. If Corporal Estudillo files an opposition, plaintiff is granted seven days thereafter in which to file a reply.(Dillon, M)
July 29, 2015 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Kendall J. Newman on 07/29/15 ordering within 14 days of entry of this order, plaintiff is directed to notify the court whether 1) he wishes to continue against Officer Bautista as the sole named defendant in this ac tion, or 2) plaintiff wishes to amend his complaint to add Corporal Estudillo as an additional named defendant. The court will defer issuing findings and recommendations regarding defendant's motion for summary judgment 60 until it first decides whether to allow plaintiff to file an amended complaint herein. (Plummer, M)
May 4, 2015 Opinion or Order Filing 65 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 05/04/15 ordering counsel for defendant Officer Bautista is ordered to show cause in writing, within 14 days of entry of this order, as to why plaintiff should not be granted leave to file an amended complaint that names Corporal Estudillo as an additional defendant. If counsel does not oppose such an amendment, she should so indicate in her response to this order. Counsel should also indicate whether she is willing to accept service of an amended complaint on behalf of Corporal Estudillo. (Plummer, M)
November 17, 2014 Opinion or Order Filing 64 ORDER denying plaintiff's 57 motion for reconsideration signed by Judge John A. Mendez on 11/14/14. (Kastilahn, A)
July 1, 2014 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Kendall J. Newman on 07/01/14 ordering plaintiff's motion for leave to file his proposed third amended complaint 49 is denied. Plaintiff's motion for leave to file his proposed first amended complaint [41 ] is denied. Defendant's motion to strike plaintiff's first amended complaint 48 is denied as moot. The court extends the deadline for filing dispositive motions to 10/03/14. Plaintiff's motion to compel discovery 40 is denied. Plaintiff's motion for a court order authorizing access to the telephones at Marin County Jail 39 is denied as moot. Plaintiffs' fourth request for appointment of counsel 41 , 42 is denied without prejudice. (Plummer, M)
December 10, 2013 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Kendall J. Newman on 12/10/13 ORDERING that Plaintiffs third motion for appointment of counsel (ECF No. 36 ), is denied without prejudice. The Clerk of Court shall re-send to plaintiff a copy of the Discovery and Sc heduling Order filed in this action on November 1, 2013 (ECF No. 33 ), together with a copy of this order. The Clerk of Court shall note plaintiffs notice of temporary change of address, included in his motion for appointment of counsel, pursuant to his current placement in the Marin County Jail, at 13 Peter Behr Drive, San Rafael CA 94903. It is plaintiffs responsibility to keep the court appraised of his current address at all times. The court will note and rely on plaintiffs current Marin County Jail address, until such time that plaintiff files a further Notice of Change of Address informing the court of plaintiffs return to CSP-SOL or elsewhere.(Dillon, M)
October 7, 2013 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2013 DIRECTING the Clerk of Court to redesignate Plaintiff's 28 Motion as a Motion for Appointment of Counsel; DENYING, without prejudice, 28 Second Motion for Appointment of Counsel. (Michel, G)
September 18, 2013 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/13 ORDERING that Plaintiffs request for a court order directing the Solano County Jail to accord plaintiff reasonable access to his legal materials (ECF No. 23), is granted; the administra tion and stafff of Solano County Jail are so ordered. Plaintiffs request to add the City of Vallejo as a defendant in this action 22 is DENIED. Plaintiff is directed to file and serve only essential matters in this case, and is again reminded that the court will view with disfavor any future requests to deviate from the routine procedures of this court.(Dillon, M)
July 26, 2013 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/13 GRANTING 16 Motion to reopen case; this case is REOPENED; The Clerk of Court shall direct the U.S. Marshal to serve process on sole defendant Bautista (see ECF Nos. 8 , 13 ).(Dillon, M)
July 15, 2013 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Kendall J. Newman on 7/12/2013 DISMISSING this action without prejudice pursuant to Fed.R.Civ.P. 41(a)(2). CASE CLOSED. (Yin, K)
June 12, 2013 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/13 ORDERING that 12 Motion to Appoint Counsel is DENIED without prejudice. Plaintiff shall, within 14 days after service of this order, inform the court whether he: (a) intends to proceed with this action against defendant Bautista, and requests that the court proceed by directing the U.S. Marshal to serve process on Bautista; OR (b) requests the voluntary dismissal of this action. (Dillon, M)
May 21, 2013 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Anthony Tyrone Garrison signed by Magistrate Judge Kendall J. Newman on 05/20/13. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Plaintiff: Anthony Tyrone Garrison
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Defendant: Bautista
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