Espey v. Deuel Vocational Institution
Plaintiff: Floyd Joseph Espey
Defendant: Deuel Vocational Institution, Special Appearance, Awatani, Baath and Street
Case Number: 2:2013cv02147
Filed: October 16, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Presiding Judge: Troy L. Nunley
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 15, 2018 Opinion or Order Filing 133 ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/18 DENYING 132 Motion to vacate the monthly twenty percent deduction for payment of the filing fee. (Plummer, M)
March 2, 2017 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Kendall J. Newman on 03/02/17 ordering ( Settlement Conference set for 4/7/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement sta tements no later than March 31, 2017 to ckdorders@caed.uscourts.gov. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d))(cc: CKD). (Plummer, M)
June 23, 2016 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/16 ORDERING that defendant's motion for an extension of time to serve his expert disclosure (ECF No. 109 ) is GRANTED; defendant shall serve plaintiffs counsel with his expert disc losure within seven days of the date of this order; The pretrial conference set for June 30, 2016, and the jury trial set for August 29, 2016, before the Honorable Troy L. Nunley are VACATED; The pretrial conference is re- set for April 6, 2017, a t 2:00 p.m., before the Honorable Troy L. Nunley; plaintiff shall file his pretrial statement on or before March 2, 2017; defendant shall file his pretrial statement on or before March 16, 2017; The jury trial is re-set for June 5, 2017, at 9:00 a.m., before the Honorable Troy L. Nunley. (Dillon, M)
June 8, 2016 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/16 ORDERING that Plaintiff is granted 14 days from the date of this order to show cause why this action should not be dismissed based on his failure to file a pretrial statement; The order directing defendants to file their pretrial statement on or before June 16, 2016 is vacated; the court will re-set this date following receipt of plaintiffs briefing, if appropriate.(Dillon, M)
April 1, 2016 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2016 DENYING plaintiff's 106 motion for the appointment of counsel.(Yin, K)
January 28, 2016 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/16 ordering plaintiff's request to reopen this action 104 is denied as unnecessary. (Plummer, M)
January 7, 2016 Opinion or Order Filing 102 FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2016 ORDERING that Plaintiff shall file his pretrial statement by 6/2/2016. Defendants shall file their pretrial statement by 6/16/2016. Final Pretrial Conference is set for 6/30/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Jury Trial set for 8/29/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The 100 findings and recommendations ar VACATED. (Zignago, K.)
December 10, 2015 Opinion or Order Filing 100 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/10/2015 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
October 29, 2015 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/15 ORDERING that within 30 days of the date of this order, plaintiff shall show cause why this action should not be dismissed for his failure to inform the court of his change of address.(Dillon, M)
September 25, 2015 Opinion or Order Filing 98 ORDER adopting in full 95 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 9/24/15. Defendants' 73 summary judgment motion is GRANTED as to Plaintiff's claims against Defendants Street and Awatani alleging inadequate pain and anti-seizure medication; and DENIED as to Plaintiff's claim against Defendant Baath regarding the discontinuation of Artane. (Kastilahn, A)
July 27, 2015 Opinion or Order Filing 95 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/24/15 recommending that defendants' summary judgment motion (ECF No. 73 ) be granted as to plaintiffs claims against defendants Street and Awatani alleging inadequate pain and anti-seizure medication; defendants' motion be denied as to plaintiffs claim against defendant Baath regarding the discontinuation of Artane. Referred to Judge Troy L.Nunley; Objections to F&R due within 14 days.(Dillon, M)
July 1, 2015 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2015 ORDERING the parties to file the further briefing described in this order, within 14 days.(Yin, K)
May 14, 2015 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2015 ORDERING that within 14 days, defendants shall file the further briefing described in this order.(Yin, K)
April 17, 2015 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Kendall J. Newman on 04/17/15 granting 86 Motion for application of the non-prisoner provisions in the local rules. Defendants' request for oral argument regarding their summary judgment motion is denied. (Plummer, M)
February 23, 2015 Opinion or Order Filing 74 ORDER denying 72 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 02/23/15. (Plummer, M)
January 28, 2015 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/15 granting 69 Motion to modify scheduling order. The dispositive motion deadline is reset to 02/11/15. (Plummer, M)
January 6, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Kendall J. Newman on 1/06/15 granting 66 Motion to modify the scheduling order. The dispositive motion deadline is extended to 1/21/15. (Plummer, M)
October 1, 2014 Opinion or Order Filing 65 ORDER denying 63 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 09/30/14. (Plummer, M)
July 11, 2014 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/2014 ORDERING that plaintiff's 52 Motion to Appoint Counsel is DENIED without prejudice. (Zignago, K.)
June 26, 2014 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/14 DENYING 48 Motion for Lined Paper. (Manzer, C)
June 25, 2014 Opinion or Order Filing 50 ORDER signed by District Judge Troy L. Nunley on 6/24/2014 ADOPTING 45 Findings and Recommendations in full and DENYING 40 Motion for Injunctive Relief. (Donati, J)
June 6, 2014 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/14 DENYING 46 Motion to Appoint Counsel. (Dillon, M)
May 20, 2014 Opinion or Order Filing 45 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/19/2014 RECOMMENDING that plaintiff's 40 request for injunctive relief be denied. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
April 18, 2014 Opinion or Order Filing 38 ORDER denying 37 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 04/18/14. (Plummer, M)
February 26, 2014 Opinion or Order Filing 30 ORDER ADOPTING 20 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 2/25/2014. Plaintiff's 1 9 Requests for Injunctive Relief contained in his letters filed on 10/16/2013 and 10/29/2013 are DENIED. (Marciel, M)
November 25, 2013 Opinion or Order Filing 20 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/25/13 ORDERING that the Clerk of the Court shall amend court records to reflect plaintiffs new address at Pleasant Valley State Prison, P.O. Box 8500, Coalin ga, California, 93210; The Clerk of the Court shall serve a copy of this order and findings and recommendations on Deputy Attorney General Maureen C. Onyeagbako; it is RECOMMENDED that plaintiffs requests for injunctive relief contained in his letters filed October 16, 2013, and October 29, 2013 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
November 13, 2013 Opinion or Order Filing 13 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 12 is granted; plaintiffs complaint and in forma pauperis application shall be filed within thirty days of the date of this order. (Dillon, M)
November 4, 2013 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/13 ORDERING that within 14 days of the date of this order, the Office of the Attorney General is directed to respond to plaintiffs allegations regarding the denial of medication contained in his October 16, 2013 and October 29, 2013 letters; and the Clerk of the Court is directed to serve this order and a copy of plaintiffs October 16, 2013 and October 29, 2013 letters (ECF Nos. 1 and 9 ) on Supervising Deputy Attorney General Monica Anderson.(Dillon, M)
October 21, 2013 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 ORDERING that Plaintiffs letter 1 is disregarded; Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirements of the C ivil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Plaintiff shall also submit, within 30 days from the date of this order, the application to proceed in forma pauperis. 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: Floyd Joseph Espey
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Defendant: Deuel Vocational Institution
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Defendant: Special Appearance
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Defendant: Awatani
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Defendant: Baath
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Defendant: Street
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