Hardy v. Davis et al
| Kristin Hardy |
| C Davis, C. Morris and Z Anhiser |
| 2:2013cv00726 |
| April 12, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| 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
167
ORDER signed by Magistrate Judge Deborah Barnes on 09/01/22 DENYING 162 Request for partial return of fees. (Plummer, M)
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Filing
161
ORDER DISMISSING CASE signed by Magistrate Judge Deborah Barnes on 1/11/22 pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED(Plummer, M)
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Filing
148
FURTHER SCHEDULING ORDER signed by Magistrate Judge Deborah Barnes on 6/7/2021: Discovery is closed; Law and motion is closed; Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 9/7/2021; Defendants shall file their pretrial statement on or before 9/28/2021; The parties are advised that failure to file a pretrial statement may result in the imposition of sanctions, including dismissal of this action; The court will issue a final pretrial order after review of the pretrial statements. (Yin, K)
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Filing
145
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 4/26/21 ORDERING the Custodian to produce Kristin Hardy by zoon video conference on 5/26/21 at 10:00 a.m. before Magistrate Judge Deborah Barnes. 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. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)(Plummer, M)
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Filing
144
ORDER signed by Magistrate Judge Deborah Barnes on 3/10/2021 SETTING a Settlement Conference for 5/26/2021 at 10:00 AM before Magistrate Judge Deborah Barnes. Each party shall provide confidential settlement statements, no later than 5/19/2021, in accordance with this order. (cc: ADR) (Yin, K) Modified on 3/11/2021 (Yin, K).
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Filing
142
ORDER signed by Magistrate Judge Deborah Barnes on 1/29/21 ORDERING that within 5 days of the filed date of this order, defendants shall provide a statement addressing the usefulness of a settlement conference and stating whether they waive any claims of disqualification.(Plummer, M)
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Filing
140
ORDER signed by District Judge John A. Mendez on 1/27/2021 ADOPTING 131 Findings and Recommendations in full; DENYING 128 Motion for TRO. (Zignago, K.)
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Filing
136
ORDER signed by Magistrate Judge Deborah Barnes on 1/04/21 ORDERING within 21 days of the date of this order the parties shall meet and conferregarding a settlement conference. If the parties agree that a settlement conference at this juncture would be useful, within 21 days, they shall file a joint statement so informing the court and stating whether they waive any claim of disqualification from having the undersigned magistrate judge conduct the conference or whether they wish to have a diffe rent magistrate judge conduct it. If the parties do not agree that a settlement conference would be useful, then within 30 days of the date of this order, plaintiff shall file a pretrial statement pursuant to Local Rule 281. Within ten days of plaint iffs filing, defendants shall file a pretrial statement. In addition to the material required by Local Rule 281, the parties are invited to submit any suggestions they may have concerning the matters set forth in Local Rule 282. The Clerk of Court shall send plaintiff a copy of this districts Local Rules pertaining to prisoners. Local Rule 282 should also be included with those rules.(Plummer, M)
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Filing
131
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/23/20 DENYING 130 Motion to Appoint Counsel. Also, RECOMMENDING that plaintiff's motion for a temporary restraining order 128 be denied. Motion 128 referred to Judge John A. Mendez. Objections due within 30 days.(Plummer, M)
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Filing
127
ORDER signed by Magistrate Judge Deborah Barnes on 10/08/19 DENYING 81 Motion to Amend the Complaint. (Plummer, M)
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Filing
122
ORDER signed by Magistrate Judge Deborah Barnes on 9/20/17 ORDERING that Plaintiff's MOTION for Reconsideration 115 and MOTION for Appointment of Counsel 117 are DENIED. (Mena-Sanchez, L)
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Filing
118
ORDER signed by District Judge John A. Mendez on 5/18/2017 ADOPTING IN FULL 102 Findings and Recommendations; DENYING 83 Motion for Partial Summary Judgment; GRANTING 84 Motion for Summary Judgment concerning the plaintiff's Fourth and Eig hth Amendment claims against Defendant Davis and the plaintiff's Eighth Amendment claims against Defendants Morris and Zahniser; DENYING 84 Motion for Summary Judgment and qualified immunity concerning the plaintiff's Fourth Amendment claims against Defendants Morris and Zahniser. (Michel, G.)
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Filing
102
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/7/2017 RECOMMNENDING plaintiff's 83 motion for partial summary judgment be denied. Defendants' 84 motion for summary judgment be granted in part and denied i n part; Defendant Davis be entitled to summary judgment concerning plaintiff's Fourth Amendment claim and Eighth Amendment claim; Defendants Morris and Zahniser be entitled to summary judgment on plaintiff's Eighth Amendment excessive fo rce claim; Defendants Morris and Zahniser be denied summary judgment on plaintiff's Fourth Amendment claim; and Defendants Morris and Zahniser not be granted qualified immunity concerning plaintiff's Fourth Amendment claim. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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Filing
100
ORDER signed by Magistrate Judge Deborah Barnes on 2/1/17 ORDERING that Plaintiff's motion to compel (ECF No. 67 ) is DENIED; Plaintiff's motion for protective order and for stay (ECF No. 68 ) is DENIED; Plaintiff's motion to serve additional interrogatories and to extend discovery (ECF No. 76 ) is DENIED; and Plaintiff's motion to compel discovery (ECF No. 77 ) is DENIED.(Dillon, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/16 denying Motions to Compel 47 , 65 . (Plummer, M)
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Filing
62
ORDER denying 60 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/10/15. (Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge Dale A. Drozd on 10/8/15 ORDERING that Plaintiffs motion for entry of default (ECF No. 57 ) is DENIED. Plaintiffs motion for a 30 day extension of time in which to file a reply to defendants answer (ECF No. 58 ) is DENIED.(Dillon, M)
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Filing
51
ORDER signed by Magistrate Judge Dale A. Drozd on 07/17/15 granting 46 Motion for Extension of time and denying 48 Motion to Stay. Plaintiff is granted 60 days from the date of this order in which to file and serve an amended complaint. Pursuant to order of the district court dated 06/10/15, defendants' answer is due no later than 21 days after the filing of the amended complaint. (Plummer, M)
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Filing
45
ORDER signed by Judge John A. Mendez on 6/9/2015 ADOPTING 37 Findings and Recommendations; GRANTING 26 Motion to Dismiss with leave to amend as to all of Plaintiff's claims against Defendant Davis; DENYING 26 Motion to Dismiss as to Plaint iff's Fourth Amendment claim against Defendants Morris and Zahniser; GRANTING the plaintiff twenty-one days to file an amended complaint as to the allegations against Defendant Davis; ORDERING Defendants Morris and Zahniser to file an answer within twenty-one days of the filing of the plaintiff's amended complaint, or the expiration of the twenty-one days allotted to file said amended complaint, whichever is sooner; DENYING 31 Motion to Amend the Complaint. (Michel, G.)
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Filing
44
ORDER signed by Magistrate Judge Dale A. Drozd on 6/2/15 ORDERING that plaintiffs First Interrogatories to Defendants, filed May 26, 2015 43 , will be placed in the court file and disregarded.(Dillon, M)
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Filing
41
ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 03/21/15. (Plummer, M)
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Filing
37
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/10/15 RECOMMENDING that Defendants' March 28, 2014 motion to dismiss 26 be granted as to all of plaintiff's claims against defendant Davis, and denied as to pla intiff's Fourth Amendment claim against defendants Morris and Zahniser; Defendants Morris and Zahniser be directed to answer the complaint within twenty-one days from the date of any order adopting these findings and recommendations; and Plaintiff's June 2, 2014 motion to amend his complaint 31 be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
22
ORDER signed by Magistrate Judge Dale A. Drozd on 02/03/14 denying 21 Motion for a court order regarding access to legal materials. (Plummer, M)
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Filing
13
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kristin Hardy signed by Magistrate Judge Dale A. Drozd on 12/20/13. 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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Filing
4
ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/13 DENYING 2 Motion to Appoint Counsel ; Plaintiff shall submit, within thirty 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; 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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