Scherffius v. Smith et al
Plaintiff: Michael E. Scherffius
Defendant: Christopher Smith, Stephen Tseng, Karen Todd, Lawrence C. Fong, B. Barnette, R. Parnell Galloway, L. Heffner, Scott Heatley, Jalal Soltanian Zadeh, K. McLean, Cheryl Schutt, A. Simmons, L. Blaney and G. Williams
Case Number: 2:2013cv01277
Filed: June 26, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Dale A. Drozd
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
September 1, 2021 Opinion or Order Filing 98 ORDER signed by District Judge John A. Mendez on 9/1/2021 ADOPTING 96 The Findings and Recommendations in full; DENYING 92 Motion for relief from judgment. (Mena-Sanchez, L)
July 12, 2021 Opinion or Order Filing 96 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/9/2021 RECOMMENDING plaintiff's 92 motion for relief from judgment be denied. Referred to Judge John A. Mendez; Objections to F&R due within 20 days. (Yin, K)
February 6, 2020 Opinion or Order Filing 86 ORDER signed by District Judge John A. Mendez on 2/6/2020 ADOPTING 82 Findings and Recommendations in full, GRANTING 42 Motion for Summary Judgment. CASE CLOSED. (Coll, A)
December 27, 2019 Opinion or Order Filing 82 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/26/19 RECOMMENDING that defendants' motion for summary judgment 42 be granted. Motion for Summary Judgment 42 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 23, 2019 Opinion or Order Filing 74 ORDER signed by District Judge John A. Mendez on 7/22/19 ADOPTING 72 FINDINGS AND RECOMMENDATIONS in full; DENYING Plaintiff's Motion to continue the stay 69 . Within thirty days of the filed date of this order, Plaintiff shall file an opposition to defendants' 6/2/17 Motion for Summary Judgment. (Mena-Sanchez, L)
June 5, 2019 Opinion or Order Filing 72 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/05/19 DENYING 68 Motion to Appoint Counsel. Also, RECOMMENDING that plaintiff's motion to continue the stay 69 be denied. MOTION to STAY 69 referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
November 9, 2018 Opinion or Order Filing 67 ORDER signed by District Judge John A. Mendez on 11/9/2018 ADOPTING 65 findings and recommendations in full. Plaintiff's 63 motion for continuance of stay is GRANTED. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Zignago, K.)
August 15, 2018 Opinion or Order Filing 65 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/15/18 DENYING 64 Motion to Appoint Counsel. Also, RECOMMENDING that the stay of these proceedings set out in the court's 2/15/18 order be continued and this case remain administratively closed; and plaintiff be ordered to notify the court within 120 days about the status of his health and whether the stay should remain in place. Motion 63 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
March 15, 2018 Opinion or Order Filing 61 ORDER signed by District Judge Garland E. Burrell, Jr on 3/15/2018 ADOPTING 60 Findings and Recommendations in full and GRANTING 57 Motion for Continuance of the Stay. The stay of these proceedings set out in the courts 10/18/2017 order is CONTINUED and this case remains administratively closed. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Hunt, G)
February 15, 2018 Opinion or Order Filing 60 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/14/2018 RECOMMENDING the stay of these proceedings set out in the court's 10/18/2017 order be continued and this case remain administratively closed; and plaintiff be ordered to notify the court within 120 days about the status of his health and whether the stay should remain in place. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
September 13, 2017 Opinion or Order Filing 54 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/12/2017 DENYING as moot plaintiff's 50 motion for an extension of time to file a response to defendants' summary judgment motion; and the Clerk shall ass ign a district court judge to this case. IT IS RECOMMENDED that plaintiff's 51 motion for a stay be granted; this case be stayed; and plaintiff be ordered to notify the court within 120 days about the status of his health and whether the stay should remain in place. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
August 29, 2017 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2017 ORDERING, within 10 days, defendants shall file a response to plaintiff's 51 motion to stay. (Yin, K)
June 20, 2017 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Deborah Barnes on 06/15/17 granting 43 Motion for Extension of time. The deadline for filing pre-trial motions is extended through 8/02/17. Plaintiff's motion for appointment of counsel 44 is denied without prejudice. (Plummer, M)
March 16, 2015 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Dale A. Drozd on 03/14/15 ordering plaintiff's amended complaint 20 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action. (Plummer, M)
July 21, 2014 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael E. Scherffius signed by Magistrate Judge Dale A. Drozd on 7/18/2014. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 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)
June 25, 2013 Opinion or Order Filing 5 ORDER OF TRANSFER. Accordingly, this case is TRANSFERRED to the United StatesDistrict Court for the Eastern District of California. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Michael E. Scherffius. Signed by Judge Edward J. Davila on 6/24/2013. (ecg, COURT STAFF) (Filed on 6/25/2013) [Transferred from cand on 6/26/2013.]
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Plaintiff: Michael E. Scherffius
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Defendant: Christopher Smith
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Defendant: Stephen Tseng
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Defendant: Karen Todd
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Defendant: Lawrence C. Fong
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Defendant: B. Barnette
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Defendant: R. Parnell Galloway
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Defendant: L. Heffner
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Defendant: Scott Heatley
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Defendant: Jalal Soltanian Zadeh
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Defendant: K. McLean
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Defendant: Cheryl Schutt
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Defendant: A. Simmons
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Defendant: L. Blaney
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Defendant: G. Williams
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