Burnett v. Miranda
Plaintiff: Ester Burnett
Defendant: R. Miranda, Lankford, Lee, Swingle, Lewis, Sessions, Simmerson, French and Hits
Case Number: 2:2013cv01239
Filed: June 21, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
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
November 9, 2016 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/16 ordering that the parties submit a stipulation of dismissal within 30 days of this order. (Plummer, M)
October 13, 2016 Opinion or Order Filing 111 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUE signed by Magistrate Judge Carolyn K. Delaney on 10/13/16 ORDERING the Custodian to produce Ester Burnett on 11/03/16 at 11:30 a.m. at the U. S. District Court, Courtroom #4, 501 I Stre et, Sacramento, California before Magistrate Judge Craig M. Kellison. 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 and Out-to-Court Desk. (cc: CMK and OTCD) (Kastilahn, A) Modified on 10/13/2016 (Kastilahn, A).
August 30, 2016 Opinion or Order Filing 109 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 08/30/16 ordering the Custodian to produce Ester Burnett on 11/03/16 at 1:00 p.m. in courtroom 4 before Magistrate Judge Craig M. Kellison. 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 and Out-to-Court Desk. (cc: CMK and OTCD)(Plummer, M)
January 21, 2016 Opinion or Order Filing 104 ORDER signed by Chief Judge Morrison C. England, Jr. on 1/20/2016 DENYING plaintiff's 102 motion for reconsideration. (Yin, K)
August 4, 2015 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/4/15 DENYING 88 Motion to Appoint Counsel. (Dillon, M)
June 16, 2015 Opinion or Order Filing 84 FURTHER SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/16/2015: Discovery is closed; Law and Motion is closed; Plaintiff's pretrial statement and any motions to obtain trial witnesses due within 21 days; Defendants Miranda and Simmerson's pretrial statement due within 14 days of service of plaintiff's.(Yin, K)
April 16, 2015 Opinion or Order Filing 82 ORDER ADOPTING 77 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 4/15/2015. Defendants' 48 Motion for Summary Judgment is DENIED with respect to (a) plaintiff's claim that defendant Miranda viol ated plaintiff's Eighth Amendment rights on 7/16/2010 when he denied plaintiff housing in a cell without bunk beds; (b) with respect to plaintiff's claim that defendant Simmerson violated plaintiff's Eighth Amendment rights on 6/9/2010 when Simmerson failed to house plaintiff ina cell without bunk beds and (c) GRANTED in all other respects. (Marciel, M)
March 30, 2015 Opinion or Order Filing 81 ORDER ADOPTING 74 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 3/27/2015. Plaintiff's 25 Motion for Temporary Restraining Order is DENIED. (Marciel, M)
March 6, 2015 Opinion or Order Filing 77 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/5/2015 RECOMMENDING that defendants' 48 motion for summary judgment be (1) denied with respect to plaintiff's claim that defendant Miranda violated plaint iff's Eighth Amendment rights on 7/16/2010 when he denied plaintiff housing in cell without bunk beds, (2) denied with respect to plaintiff's claim that defendant Simmerson violated plaintiff's Eighth Amendment rights on 6/9/2010 when Simmerson failed to house plaintiff in a cell without bunk beds, and (3) granted in all other respects. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
February 9, 2015 Opinion or Order Filing 74 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/06/15 ORDERING the clerk of the court assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that plaintiff's motion for a preliminary injunction 25 be denied. Motion for a preliminary injunction 25 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
January 15, 2015 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/15 ordering plaintiff's request for an extension of time 70 to respond to defendants' reply briefs regarding their pending motion for summary judgment is denied. Plaintiff's request for an extension of time to file an opposition to defendants' motion to strike 67 is granted. The opposition filed by plaintiff on 1/08/15 is deemed timely. (Plummer, M)
September 23, 2014 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/23/14 ordering plaintiff's request for an extension of time 20 is granted. Plaintiff is granted 14 days within which to serve responses to defendants' request for production of documents. (Plummer, M)
July 18, 2014 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/17/14 ordering defendants' 06/06/14 request that certain documents be filed under seal and reviewed in camera 47 is denied. The documents referred to as Exhibits E,F,G,H,K,L,M,N,O,P a nd Q in defendants' motion for summary judgment shall be filed in this action within 5 days. Alternatively, defendants may file a motion for sealing those exhibits within 5 days explaining why the documents should not be available for public view and providing legal support for their request. (Plummer, M)
July 15, 2014 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/15/14 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment or a statement of non- opposition. (Dillon, M)
April 30, 2014 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/30/14 ORDERING that Plaintiff's 23 request for an extension of time is granted. Plaintiff is granted 30 days within which to serve responses to defendants' request for production of documents. (Kastilahn, A)
February 12, 2014 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/12/2014 GRANTING defendant's 18 request to conduct plaintiff's deposition via video conference. (Yin, K)
August 13, 2013 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Ester Burnett signed by Magistrate Judge Carolyn K. Delaney on 08/13/13. 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)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Burnett v. Miranda
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ester Burnett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: R. Miranda
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lankford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lee
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Swingle
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lewis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sessions
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Simmerson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: French
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hits
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?