McMillan v. Pfile, et al.

Plaintiff: Edwin McMillan
Defendant: A. Pfile, S. McAlpine, S. Ringler, D. Henry and A. Scotland
Case Number: 2:2013cv00578
Filed: March 25, 2013
Court: California Eastern District Court
Office: Sacramento Office
County: Solano
Referring Judge: Kendall J. Newman
Presiding Judge: Morrison C. England
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
November 17, 2016 70 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/2016 ORDERING plaintiff's 64 motion to compel is PARTIALLY GRANTED. Within 30 days, defendants shall provide further responses to plaintiff's RFP Set Two, request nos. 28, 29, a nd 30-33, as set forth in this order. Plaintiff's 64 motion to propound additional interrogatories is DENIED, except that within 30 days, plaintiff is GRANTED leave to provide the factual bases for each affirmative defense pled in the 4/14/2016 answer. In all other respects, plaintiff's motion to compel is DENIED. (Yin, K)
March 31, 2016 65 Opinion or Order of the Court ORDER signed by Chief Judge Morrison C. England, Jr. on 3/31/2016 ADOPTING IN FULL 55 Findings and Recommendations; DENYING 49 Motion to Dismiss as to claims 1 and 2 against Defendant Zuniga, claim 3 against Defendant Ringler and claim 9 against Defendant Scotland; GRANTING 49 Motion to Dismiss in all other respects. (Michel, G.)
February 1, 2016 55 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/1/16 RECOMMENDING that defendants motion to dismiss (ECF No. 49 ) be denied as to claims 1 and 2 against defendant Zuniga, claim 3 against defendant Ringler and claim 9 as to defendant Scotland; defendants motion to dismiss should be granted in all other respects. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
March 25, 2015 48 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/2015 GRANTING defendants' 46 motion for an extension of time to file a response to plaintiff's second amended complaint; defendants shall file their response no later than 4/29/2015; and DENYING defendants' 47 motion for a discovery stay, without prejudice. (Yin, K)
February 13, 2015 44 Opinion or Order of the Court ORDER adopting in full 41 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 2/12/15. Defendants' 29 motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff is GRANTED leave to amend as to the si xth claim and ninth claim, but no further amendment will be permitted as to plaintiff's eighth claim against defendant Warden Swarthoutin his official capacity. Any amended complaint shall be filed not later than 30 days after the date this Order is electronically filed. (Kastilahn, A)
December 19, 2014 41 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/19/14 recommending that defendants' motion to dismiss 29 be granted as to: Plaintiff's sixth claim against defendant Muldong. Plaintiff's eighth claim ag ainst defendant Warden Swarthout in his official capacity. Plaintiff's ninth claim under California Civil Code section 52.1 as to defendants Henry, Scotland, Ruiz, Muldong, Popovits, Arnold, Young and Swarthout, but that in all other respects defendants' motion to dismiss be denied. Motion to Dismiss 29 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
August 5, 2014 31 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/14 ORDERING that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Dillon, M)
March 12, 2014 19 Opinion or Order of the Court ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Edwin McMillan signed by Magistrate Judge Kendall J. Newman on 3/12/2014. CDCR is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
May 8, 2013 7 Opinion or Order of the Court ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/13 ORDERING that the Clerk of Court is directed to randomly assign a district judge to this action. It is RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
March 29, 2013 5 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2013 ORDERING plaintiff shall submit, within 30 days, a completed affidavit in support of his request to proceed ifp and a certified copy of his trust account statement; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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Plaintiff: Edwin McMillan
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Defendant: A. Pfile
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Defendant: S. McAlpine
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Defendant: S. Ringler
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Defendant: D. Henry
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Defendant: A. Scotland
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