Garcia v. California Department of Correction & Rehabilitation, et al
Plaintiff: Danny Garcia
Defendant: California Department of Correction & Rehabilitation and Mule Creek State Prison
Case Number: 2:2013cv01952
Filed: September 19, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Monterey
Presiding Judge: Allison Claire
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 23, 2018 Opinion or Order Filing 120 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/22/18 RECOMMENDING that this action be dismissed without prejudice pursuant to Rule 41(b), Federal Rules of Civil Procedure. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 7, 2017 Opinion or Order Filing 117 ORDER signed by Magistrate Judge Allison Claire on 12/07/17 DENYING 116 Motion to disqualify the undersigned magistrate judge from this action. Plaintiff may file and serve his opposition to defendants pending motion for summary judgment within twenty-one days after the filing date of this order; no further extensions of time will be granted absent extraordinary circumstances. (Plummer, M) Modified on 12/7/2017 (Plummer, M).
November 1, 2017 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Allison Claire on 10/31/2017 DENYING 114 Request for Appointment of Counsel without prejudice. Plaintiff shall, within 21 days after service of defendants pending motion for summary judgment, either (1) file and serve a response to defendants motion, or (2) submit a request that this action be voluntarily dismissed pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure. (Hunt, G)
October 11, 2017 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Allison Claire on 10/10/2017 DENYING plaintiff's 109 motion to file a Third Amended Complaint and to reopen discovery. (Yin, K)
September 7, 2017 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Allison Claire on 9/7/2017 DENYING plaintiff's 107 motion and the Clerk shall note on the docket plaintiff's current address of record. (Yin, K)
July 25, 2017 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Allison Claire on 07/25/17 ordering Plaintiffs request for permission to file a supplemental motion for summary judgment, 104 , and plaintiffs supplemental motion for summary judgment, 105 , are denied without prejud ice. The parties may conduct discovery until September 29, 2017. Any motions necessary to compel discovery shall be filed and served by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date. No pretrial dispositive motion shall be filed prior to the close of discovery; therefore,all pretrial disposition motions (e.g., motions for summary judgment) must be filed and served on or after October 2, 2017. All pretrial dispositive motions shall be filed and served no later than December 15,2017. Motions shall be briefed in accordance with paragraph 8 of this courts order filed January 6, 2015 20 . (Plummer, M) Modified on 7/25/2017 (Plummer, M).
June 29, 2017 Opinion or Order Filing 102 ORDER and FURTHER SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 6/29/2017 DENYING 97 Motion for Summary Judgment. Discovery due by 9/29/2017. All pretrial dispositive motions shall be filed and served on or before 12/15/2017. (Henshaw, R)
May 30, 2017 Opinion or Order Filing 98 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/30/17 ordering the Custodian to produce Danny R. Garcia on 6/05/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD and CKD) (Plummer, M)
May 10, 2017 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Allison Claire on 05/09/17 granting in part 93 Motion to Appoint Counsel. Michael E. Vinding is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of ass isting plaintiff with preparing for andparticipating in the settlement conference scheduled in this case for June 5, 2017. Michael E. Vindings appointment will terminate fifteen days after completion of thesettlement conference, or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Michael E. Vinding,Brady & Vinding, 400 Capitol Mall, Suite 2640, Sacramento, CA 95814. (Plummer, M)
April 20, 2017 Opinion or Order Filing 92 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Allison Claire on 4/19/2017 ORDERING the Warden of CTF to produce inmate Danny R. Garcia for Settlement Conference Hearing on 6/5/2017 at 9:30am in Courtroom 24 in Sacramento, CA. (cc Out-to-Court Desk) (Donati, J)
February 17, 2017 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Allison Claire on 2/17/2017 GRANTING plaintiff's 83 request for a stay of this action, including all discovery, until further order of this court; all previously set deadlines are SUSPENDED until further order of this court; plaintiff shall file and serve a statement within 14 days after the Ninth Circuit Court of Appeals rules on his pending interlocutory appeal. (Yin, K)
December 27, 2016 Opinion or Order Filing 78 ORDER signed by District Judge John A. Mendez on 12/27/2016 ADOPTING IN FULL 68 Findings and Recommendations; and GRANTING 56 Motion for Summary Judgment. Defendants Bradley, Heath, Perez, Torres and Vallery are DISMISSED from this action due to plaintiff's failure to exhaust his administrative remedies against these defendants; and this action shall proceed only against defendant Mendoza on plaintiff's retaliationclaims. (Jackson, T)
September 27, 2016 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Allison Claire on 9/26/2016 DENYING without prejudice plaintiff's 76 motion "requesting appointment of counsel and to re-open discovery to enter supplemental argument". (Yin, K)
September 8, 2016 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 09/07/16 ordering Plaintiffs motions for appointment of counsel, ECF Nos. 69 & 72 , are denied without prejudice. Plaintiffs motion for a subpoena and/or summons, ECF No. 70 , is denied. Plaintif fs motion for an evidentiary hearing, ECF No. 71 , is denied. Plaintiffs motion for extended time, ECF No. 73 , is granted. Plaintiff shall file and serve his objections to the pending findings and recommendations on or before Monday, September 19, 2016. No further extensions of time will be granted. (Plummer, M) Modified on 9/8/2016 (Plummer, M).
August 17, 2016 Opinion or Order Filing 68 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/17/16 recommending that the motion for summary judgment filed by defendants Bradley, Heath, Perez, Torres and Vallery 56 be granted. Defendants Bradley, Heath, Perez, Tor res and Vallery be dismissed from this action. This action proceed only against defendant Mendoza on plaintiff's retaliation claims. MOTION for SUMMARY JUDGMENT 56 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
March 15, 2016 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Allison Claire on 3/14/2016 GRANTING plaintiff's 65 motion to file and serve a surreply; plaintiff's surreply shall not exceed 25 pages, including exhibits, and shall be filed and served within 14 days. Plaintiff's 61 motion to reopen discovery is DENIED without prejudice. (Yin, K)
February 3, 2016 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 2/2/2016 GRANTING plaintiff's 58 request for an extension of time to file an opposition to defendants' pending motion for summary judgment. Plaintiff shall file and serve his opposition on or before 3/25/2016. Defendant's may file and serve a reply within 14 days after service of plaintiff's opposition. Plaintiff's 57 motion for judicial notice is DENIED without prejudice. (Yin, K)
January 6, 2016 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Allison Claire on 1/05/16 vacating 41 Motion for Summary Judgment without prejudice to its refilling and re-service within 14 days after the filing date of this order. Plaintiff shall file and serve a comprehensiv e opposition within 21 days after service of the motion; defendants may file a reply within 7 days after the electronic filing of plaintiff's opposition. The filing of a surreply is not authorized and any such document will not be considered. Plaintiff's motion for extension of time 53 and defendants' motion to strike 52 are denied as moot. (Plummer, M)
November 12, 2015 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Allison Claire on 11/10/15 ordering defendants' motion to modify the scheduling order 48 is denied without prejudice; the court will set a new dispositive motion deadline after resolution of defendants' pe nding motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies. Plaintiff's motion for summary judgment on the merits of his claims 45 is denied without prejudice to the re-filing of his motion following the court's resolution of defendants' exhaustion motion and the setting of a new dispositive motion deadline. (Plummer, M)
October 7, 2015 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Allison Claire on 10/6/2015 ORDERING plaintiff to file and serve, within 21 days, an opposition to the 41 motion for summary judgment or a statement of non-opposition thereto. (Yin, K)
August 10, 2015 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 0810/15 ordering plaintiff's sixth request for the appointment of counsel 31 is denied without prejudice. Plaintiff's request for leave to proceed on his second amended complaint is deni ed. Defendant's motion to strike 36 , plaintiff's proposed second amended complaint is granted. The clerk of court shall designate on the docket that this action proceeds only on plaintiff's first amended complaint filed 9/18/14 17 ; the putative complaints filed on 6/29/15 33 , proposed second amended complaint, and 7/08/15 34 , copy of first amended complaint shall be stricken. (Plummer, M)
June 22, 2015 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Allison Claire on 06/22/15 ordering that within 21 days after the filing date of this order, plaintiff shall file a statement that provides the following information: (See order for further details). (Plummer, M)
June 4, 2015 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Allison Claire on 06/04/15denying 29 Motion to Appoint Counsel. Plaintiff shall no later than 7/31/15, serve his responses to all outstanding discovery requests. If plaintiff has discovery requests for defendants, he shall serve such requests not later than 06/26/15. The discovery deadline in this action is extended from 07/10/15 to 8/28/15. The dispositive motion deadline is extended from 10/02/15 to 11/20/15. (Plummer, M)
April 22, 2015 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Allison Claire on 04/21/15 ORDERING that the 23 Motion to Appoint Counsel is DENIED without prejudice. (Benson, A)
July 18, 2014 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Allison Claire on 7/18/14 DENYING 14 15 Motions to Appoint Counsel; GRANTING 14 15 Motions for Extension. Plaintiff is GRANTED an additional 60 days to file an amended complaint, but there will be no further extension; and the Clerk is DIRECTED to re-serve plaintiff with a copy of the 6 1/22/14 order. (Meuleman, A)
May 8, 2014 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Allison Claire on 5/8/2014 GRANTING plaintiff's 12 request for an extension fo time; plaintiff has 30 days to file an amended complaint ; and DENYING plaintiff's 12 motion for the appointment counsel. (Yin, K)
January 22, 2014 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Danny R. Garcia signed by Magistrate Judge Allison Claire on 01/21/14. 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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Plaintiff: Danny Garcia
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Defendant: California Department of Correction & Rehabilitation
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Defendant: Mule Creek State Prison
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