Dearwester v. Sacramento County Sheriff's Department
Plaintiff: Frank Lee Dearwester
Defendant: Sacramento County Sheriff's Department
Case Number: 2:2013cv02064
Filed: October 4, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kern
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
April 23, 2021 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Deborah Barnes on 4/22/2021 DENYING 101 Motion for Disposition of Fines. Plaintiff is advised that any further documents filed in this action will be disregarded and no orders will issue in response to any future filings. (Henshaw, R)
May 18, 2020 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Deborah Barnes on 05/18/2020 DENYING 98 Motion for Relief from Filing Fee. (Tupolo, A)
January 17, 2018 Opinion or Order Filing 97 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/16/2018 ORDERING this case is DISMISSED pursuant to Rule 41(a)(1)(A)(ii), each party to bear their own attorney's fees and costs. CASE CLOSED. (Zignago, K.)
October 31, 2017 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Deborah Barnes on 10/30/17 ORDERING that within 20 days of the date of this order, each party shall file a statement informing the court about the status of settlement discussions and whether a formal settlement conference before a judge would be helpful. (Plummer, M)
September 8, 2017 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Deborah Barnes on 09/07/17 DENYING 88 Motion for Certificate of Appealability. (Plummer, M)
August 9, 2017 Opinion or Order Filing 87 ORDER signed by District Judge Morrison C. England, Jr. on 08/09/17 ORDERING that, upon reconsideration, the 80 05/26/17 Order of the Magistrate Judge is AFFIRMED. (Benson, A.)
June 22, 2017 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Deborah Barnes on 6/22/2017 GRANTING 82 Motion for Extension of Time. Plaintiff to file pretrial statement by 7/24/2017 and Defendant to file pretrial statement by 8/7/2017. (Henshaw, R)
May 26, 2017 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 DENYING 79 Motion to Appoint Counsel. (Henshaw, R)
March 23, 2017 Opinion or Order Filing 77 ORDER signed by District Judge Morrison C. England, Jr on 3/22/2017 ADOPTING 75 Findings and Recommendations in full, to the extent that they recommend denying all pending motion, with the exception of Defendant's 73 Motion to Strike Plainti ff's Opposition documents, which is GRANTED-IN-PART and DENIED-IN-PART. Plaintiff's 65 , 67 , 68 , 69 , 70 , and 71 shall be STRICKEN. As to 57 and 66 Oppositions, Defendant's Motion to Strike is DENIED. Defendant's 52 Motion for Summary Judgment and 56 Request for Sanctions are DENIED. (Donati, J)
December 30, 2016 Opinion or Order Filing 75 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/29/16 RECOMMENDING that defendant's motion to strike plaintiff's opposition filed April 11, 2016 (ECF No. 57 ) be denied; Defendant's motion to strike pla intiff's opposition documents filed August 8, 2016 (ECF No. 73 ) be denied; Defendant's motion for summary judgment (ECF No. 52 ) be denied; and plaintiff's request for sanctions (ECF No. 56 ) be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
July 13, 2016 Opinion or Order Filing 62 ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING that plaintiff's motion for reconsideration (ECF No. 60 ) is DENIED. (Becknal, R)
April 6, 2016 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/16 ordering defendant's motion to compel 39 is granted. Within 30 days of the date of this order, plaintiff shall respond to defendant's interrogatories, Set One, and defendant's request for production of documents, set one if he has not done so already. Plaintiff's motion to compel 42 is denied. (Plummer, M)
July 21, 2015 Opinion or Order Filing 34 ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 ORDERING that the 32 findings and recommendations are ADOPTED in full. Defendant's 20 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Defendant is directed to file, within thirty (30) days of the date this Order is electronically filed, an answer to Plaintiff's First Amendment claim for damages based on the postcard-only mail policy at the Sacramento County Main Jail. (Zignago, K.)
June 12, 2015 Opinion or Order Filing 32 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/11/15 RECOMMENDING that Defendants motion to dismiss (Doc. No. 20 ) be granted in part and denied in part as follows: a. Defendants motion to dismiss plaintiff's claims asserted on behalf of third parties be granted;b. Defendant's motion to dismiss plaintiffs First Amendment claim for failure to allege an "injury in fact" be denied; c. Defendants motion to dismiss plaintiffs request for injunctive rel ief as having been rendered moot be granted; and Defendant be directed to file an answer to plaintiffs First Amendment claim for damages based on the postcard-only mail policy at the Sacramento County Main Jail within thirty days of any order adopting these findings and recommendations. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
January 6, 2015 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Dale A. Drozd on 1/06/15 granting 24 Motion for Extension of time. Plaintiff is granted 30 days from the date of service of this order in which to file an opposition to defendant's motion to dismiss. Defendant shall file any reply in accordance with Local Rule 230(l). Plaintiff's motion for appointment of counsel 25 is denied. (Plummer, M)
November 14, 2014 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/14 denying 21 Motion for leave to amend and granting 22 Motion for Extension of time. Plaintiff is granted 30 days from the date of service of this order in which to file and serve an opposition to defendant's motion to dismiss. Any reply shall be filed and served in accordance with Local Rule 230(l). (Plummer, M)
July 18, 2014 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Frank Lee Dearwester signed by Magistrate Judge Dale A. Drozd on 07/18/14. 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)
October 18, 2013 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/13 ORDERING that 2 Motion to Proceed IFP is DENIED without prejudice; Plaintiff shall submit, within 30 days from the date of this order, a completed and current affidavit in support of h is request to proceed in forma pauperis on the form provided; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)
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Plaintiff: Frank Lee Dearwester
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Defendant: Sacramento County Sheriff's Department
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