Farley v. Virga et al
Plaintiff: William D. Farley
Defendant: T. Virga, R. Mier and Hamkar
Case Number: 2:2013cv01751
Filed: August 23, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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 10, 2015 Opinion or Order Filing 121 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/10/15 recommending that this action be dismissed. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
October 16, 2015 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/15 granting 118 Motion to modify the discovery and scheduling order. The discovery and dispositive motion deadlines are vacated and will be reset only in the event that a proper substitution motion is filed and granted. (Plummer, M)
July 22, 2015 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Kendall J. Newman on 7/21/2015 ORDERING defendants to serve the statement noting plaintiff's death pursuant to Fed. R. Civ. P. 25(a)(3) within 21 days and file a certificate of service with the court. All pending 102 , 106 , 110 motions are VACATED. (Yin, K)
July 6, 2015 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/2015 ORDERING that on or before 7/17/2015 defendants shall file the status report discussed in this order.(Yin, K)
June 26, 2015 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/15 ORDERING that on or before July 6, 2015, Warden Davey shall respond to plaintiffs claim that defendant Gonzales now works in the building where plaintiff is housed; Warden Davey shall also address the status of plaintiffs transfer to Pelican Bay State Prison; The Clerk of the Court is directed to serve a copy of this order on Warden Davey, California State Prison-Corcoran, P.O. Box 3461, Corcoran, California, 93212-3461.(Dillon, M)
June 19, 2015 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Kendall J. Newman on 6/19/15 denying 104 Motion to Appoint Counsel. (Dillon, M)
May 28, 2015 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Kendall J. Newman on 5/28/2015. Clerk directed to serve a copy of plaintiff's 5/7/2015 102 Motion for Restraining Order on the Warden of California State Prison-Corcoran at P.O. Box 3461 in Corcoran, California 93212-3461. Within 10 days of date of this Order, the Warden at Corcoran shall file the Briefing described in text of Order. [cc: Warden / Corcoran State Prison] (Marciel, M)
April 10, 2015 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Kendall J. Newman on 4/10/2015 GRANTING defendants' 99 motion for clarification; and the 4/2/2015 scheduling order, including all dates set therein, also applies to defendant Curren. (Yin, K)
April 3, 2015 Opinion or Order Filing 98 ORDER denying 96 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 04/03/15. (Plummer, M)
March 3, 2015 Opinion or Order Filing 93 ORDER signed by Senior Judge William B. Shubb on 3/3/15: The findings and recommendations filed January 28, 2015, are adopted in full. Defendants' motion to dismiss 42 is granted; within twenty days of the filed date of this order, plaintiff may file a second amended complaint if he can do so consistent with this Order and the Magistrate Judge's Findings and recommendations; and within 45 days of the filed date of this Order defendants Delaney, May, Higgins, Gonzales, Scoggins, Meirs and Stewart are directed to file a response to the amended complaint. (Kaminski, H)
February 24, 2015 Opinion or Order Filing 92 ORDER ADOPTING 89 FINDINGS and RECOMMENDATIONS, in full, signed by Senior Judge William B. Shubb on 2/23/2015. Defendants' 42 Motion to Dismiss is GRANTED as to all claims brought against defendants Virga and Hamkar. Defendants' 42 Mo tion to Dismiss is GRANTED as to those claims brought against defendants Miers, Delaney, May, Higgins, Gonzales, Scoggins, Curren, and Stewart in their official capacities. Plaintiff William Farley has 20 days from date of Order is signed to file an Amended Complaint, if he can do so consistent with this Order. If plaintiff files an Amended Complaint within 20 days from date of this Order, all defendants shall respond. If plaintiff does not file an Amended Complaint within 20 days from the dat e Order is signed, defendants Miers, Delaney, May, Higgins, Gonzales, Scoggins, Curren, and Stewart shall file a Response to plaintiff's 11 First Amendment Complaint by addressing those claims brought against them in their personal capacities. (Marciel, M)
February 4, 2015 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2015 DISCHARGING the 89 order to show cause and defendant Curren's 90 answer is deemed timely filed. (Yin, K)
January 28, 2015 Opinion or Order Filing 89 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/28/15 ORDERING that within 14 days of the date of this order, defendant Curren shall show cause why default should not be entered for his failure to file a timel y response to the amended complaint. Also, RECOMMENDING that defendants' motion to dismiss 42 be granted; within 20 days of the adoption of these findings and recommendations, defendants Delaney, May, Higgins, Gonzales, Scoggins, Meirs and Stewart be directed to file a response to the amended complaint. MOTION to DISMISS 42 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
January 21, 2015 Opinion or Order Filing 86 ORDER signed by Senior Judge William B. Shubb on 1/20/2015 DENYING 85 Motion for Reconsideration. (Michel, G)
December 8, 2014 Opinion or Order Filing 84 ORDER signed by Senior Judge William B. Shubb on 12/5/2014 ORDERING that the 81 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's 56 motion for injunctive relief is DENIED. (Zignago, K.)
November 13, 2014 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/14 ORDERING that Plaintiffs motion for law library access 79 and motion for extension of time 82 are denied; and Defendants motion to dismiss 42 is submitted for decision.(Dillon, M)
October 31, 2014 Opinion or Order Filing 81 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/2014 RECOMMENDING that plaintiff's 56 motion for injunctive relief be denied. Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)
October 15, 2014 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/2014 ORDERING that within 14 days, defendants shall file the further briefing described in this order; within 14 days, Supervising Deputy Attorney General Monica Anderson shall file a brief status report addressing the status of plaintiff's mental health and mental health treatment at CMF; and the Clerk shall serve a copy of this order on Monica Anderson.(cc: Monica Anderson) (Yin, K)
September 23, 2014 Opinion or Order Filing 76 ORDER RE: FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 9/22/2014 REMANDING the plaintiff's 56 Request for Injunctive Relief to Magistrate Judge Kendall J. Newman for further consideration of whether an injunction directed to any of the named defendants could provide the plaintiff with the relief he requests. (Michel, G)
September 16, 2014 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 9/15/14 ORDERING that plaintiffs motion to have this action assigned to a trial judge 73 construed as a motion for recusal, is denied.(Dillon, M)
August 14, 2014 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Kendall J. Newman on 8/13/2014 DIRECTING the Clerk to serve a copy of plaintiff's 70 opposition to defendants' motion to dismiss and a copy of this order on defense counsel and the Warden at CHCF. (Yin, K)
August 5, 2014 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/14 ordering plaintiff's motions for extension of time 63 and 68 are granted; plaintiff is granted 60 days from the date of this order to file his opposition to defendants' moti on to dismiss. Plaintiff's motion for an examination by an outside doctor 61 is denied. Plaintiff's motions for access to his legal property and the law library 60 and 66 are denied without prejudice. The clerk of the court is directed to return to plaintiff the medical records submitted by plaintiff to the court. (Plummer, M)
July 21, 2014 Opinion or Order Filing 65 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/18/2014 ORDERING that the Clerk of Court shall appoint a district judge to this action; Senior District Judge William B. Shubb shall be ASSIGNED to this action. RECOMMENDING that plaintiff's 56 motion for injunctive relief be denied; Referred to Judge William B. Shubb; Objections due within 14 days after being served with these F & R's. (Reader, L)
July 10, 2014 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/2014 DENYING plaintiff's 57 motion for an extension of time; DENYING plaintiff's 58 motion to appoint counsel; DENYING plaintiff's 54 motion for oral depositions; and DENYING plaintiff's 55 motion to be examined by an outside doctor. (Yin, K)
May 29, 2014 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Kendall J. Newman on 5/29/14 ORDERING that Plaintiffs motions for an extension of time (ECF Nos. 46 , 49 ) are GRANTED; Plaintiff is granted sixty days from the date of this order in which to file and serve his opposition to defendants motion to dismiss; defendants reply, if any, shall be filed within seven days thereafter; Plaintiffs motion for access to a word processor or typewriter (ECF No. 48 ) is denied; Plaintiffs motion for appointment of counsel (ECF No. 51 ) is denied; and Plaintiffs motion for leave to file an amended complaint (ECF No. 52 ) is denied. (Dillon, M)
May 15, 2014 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 05/15/14 ordering that no further orders will issue regarding issues raised in plaintiff's pleadings filed 3/31/14 36 and 4/11/14 38 . (Plummer, M)
April 28, 2014 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/14 ORDERING that Plaintiffs motion to modify his case (ECF No. 36 ) is denied; Within fourteen days of the date of this order, Supervising Deputy Attorney Monica Anderson shall file the status report discussed above; and The Clerk of the Court is directed to serve this order and plaintiffs March 31, 2014 motion (ECF No. 36 ) and April 11, 2014 letter (ECF No. 38 ) on Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)
March 20, 2014 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Kendall J. Newman on 3/19/14 DENYING 33 Motion for restraining orders.(Dillon, M)
February 26, 2014 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Kendall J. Newman on 2/25/14 ORDERING that plaintiffs motion for law library access and for appointment of counsel (ECF No. 25 ) is denied.(Dillon, M)
February 10, 2014 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2014 GRANTING plaintiff 30 days to submit the copies of the complaint necessary for service; and plaintiff's 21 motion for the appointment of counsel is DENIED without predjudice. (Yin, K)
January 9, 2014 Opinion or Order Filing 18 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of William D. Farley signed by Magistrate Judge Kendall J. Newman on 1/9/2014. 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)
January 2, 2014 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Kendall J. Newman on 1/2/14 GRANTING plaintiff 30 days from the date of this order in which to comply with the court's 13 Order. The Litigation Coordinator of California State Prison, Sacramento, is asked to assist plaintiff in obtaining the signature and the certified trust account statement required for plaintiff to proceed with this action. The Clerk of the Court is DIRECTED to serve a copy of plaintiff's 12/24/13 14 Response, and a copy of the instant order, on Supervising Deputy Attorney General Monica Anderson, and the Litigation Coordinator at California State Prison, Sacramento, P.O. Box 290002, Represa, CA 95671. (Meuleman, A)
November 19, 2013 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/13 denying 12 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
November 13, 2013 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/13 ORDERING that Plaintiffs motion for the appointment of counsel 8 is denied without prejudice; Plaintiffs motion for an extension of time 8 is granted; and Plaintiff is granted thirty days from the date of this order in which to file a complaint and to submit an application to proceed in forma pauperis.(Dillon, M)
October 17, 2013 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ordering that within 30 days of the date of this order, plaintiff shall file a complaint; within 30 days plaintiff shall either pay the filing fee or file an application to proceed in fo rma pauperis; if plaintiff is unable to comply with this order due to inadequate law library access, within 30 days of the date of this order, plaintiff shall file a motion requesting law library access containing the information discussed above. (Plummer, M)
August 29, 2013 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/13 ORDERING that Plaintiffs motion for injunctive relief 1 is DENIED without prejudice; Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirements. Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)
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Plaintiff: William D. Farley
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Defendant: T. Virga
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Defendant: R. Mier
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Defendant: Hamkar
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