Franklin v. Foulk
Plaintiff: Johnny L. Franklin, Jr.
Defendant: F. Foulk
Case Number: 2:2014cv00057
Filed: January 9, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
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Date Filed Document Text
March 21, 2018 Opinion or Order Filing 112 ORDER adopting in full 108 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 3/20/18. Defendants' 98 motion for summary judgment is GRANTED. CASE CLOSED (Kastilahn, A) Modified on 3/21/2018 (Kastilahn, A).
February 7, 2018 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 DENYING as moot plaintiff's 109 motion for an extension of time to file objections and DENYING without prejudice plaintiff's 97 motion for the appointment of counsel. (Yin, K)
December 12, 2017 Opinion or Order Filing 108 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/11/2017 RECOMMENDING that the 98 Motion for Summary Judgment be granted. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (York, M)
March 21, 2017 Opinion or Order Filing 95 ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 94 Findings and Recommendations; GRANTING IN PART, DENYING IN PART 71 Motion for Summary Judgment; DENYING 71 Motion for Summary Judgment concerning the claims aga inst Defendants Lee, Rohlfing, and Swingle; GRANTING 71 Motion for Summary Judgment concerning the claims against Defendants Kelsey and Ray; DISMISSING the claims against Defendants Kelsey and Ray for deliberate indifference to serious medical needs for failure to exhaust administrative remedies. (Michel, G.)
March 1, 2017 Opinion or Order Filing 94 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/1/2017 RECOMMENDING defendants' 71 motion for summary judgment for failure to exhaust adminstrative remedies be granted in part and denied in part; defendants motio n for summary judgment concerning the claims against defendants Lee, Rohlfing, and Swingle be denied; defendants motion for summary judgment concerning the claims against defendants Kelsey and Ray be granted; and the claims against defendants Kelsey and Ray for deliberate indifference to serious medical needs be dismissed for failure to exhaust administrative remedies. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
February 15, 2017 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Deborah Barnes on 02/13/17 granting 80 Motion to strike. The clerk's office is instructed to strike plaintiff's sur-reply 79 from the docket. (Plummer, M)
June 9, 2016 Opinion or Order Filing 87 ORDER denying 86 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 06/08/16. (Plummer, M)
May 6, 2016 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Allison Claire on 05/05/16 granting 82 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion on or before 9/06/16. (Plummer, M)
February 23, 2016 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 02/22/16 granting 72 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion on the merits of plaintiff's claims on or before 6/06/16. Except as otherwise provided in this order, the court's discovery and scheduling order remains in effect. (Plummer, M)
January 8, 2016 Opinion or Order Filing 68 ORDER adopting in full 52 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 1/7/16. Defendants' 23 motion to dismiss is granted in part and denied. Defendants' motion to dismiss plaintiff's claims against def endants Foulk and Zamora is granted. Defendants' motion to dismiss plaintiff's claims against defendants Ray and Kelsey is denied. Defendants Foulk and Zamora are dismissed from this action. Defendants Ray and Kelsey shall file and serve an answer in this action within 30 days of service of this order. (Kastilahn, A)
December 7, 2015 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Allison Claire on 12/4/15 ORDERING that Defendants' motion to modify the discovery and scheduling order to extend the deadline to file dispositive motions (Doc. No. 65 ) is GRANTED; and the parties shall file any dispositive motions on or before March 7, 2016.(Dillon, M)
November 12, 2015 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 11/10/2015 DENYING without prejudice plaintiff's 61 motion for a settlement conference and 62 motion for a trial. (Yin, K)
October 2, 2015 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Dale A. Drozd on 10/1/15 DENYING AS MOOT 54 Motion to Stay; GRANTING 55 Motion to Modify the Discovery and Scheduling Order. Dispositive Motions due by 12/7/2015. Except as otherwise stated in this order, the court's discovery ahd scheduling order remains in effect. (Meuleman, A)
August 6, 2015 Opinion or Order Filing 59 ORDER signed by Judge Kimberly J. Mueller on 8/6/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/24/15 51 are ADOPTED in full; Defendant Dr. Syverson's MOTION to DISMISS 24 is GRANTED; Defendant Dr. Syverson's MOTION for SUMMARY JUDGMENT 46 is DENIED as having been rendered moot; and Defendant Dr. Syverson is DISMISSED from this action. (Mena-Sanchez, L)
July 20, 2015 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/2015 DENYING plaintiff's 48 motion to compel, as untimely. (Yin, K)
June 24, 2015 Opinion or Order Filing 52 ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/23/15 ORDERING that Defendants' motion to modify the scheduling order (Doc. No. 43 ) is GRANTED; and Defendants shall file a dispositive motion on or before Augu st 7, 2015. It is RECOMMENDED that Defendants' motion to dismiss (Doc. No. 23 ) be granted in part and denied in part as follows: a. Defendants' motion to dismiss plaintiffs claims against defendants Foulk and Zamora be granted; and b. Def endants motion to dismiss plaintiffs claims against defendants Ray and Kelsey be denied. Defendants Foulk and Zamora be dismissed from this action; and within thirty days of any order adopting these findings and recommendations, defendants Ray and Kelsey be directed to file an answer in this action. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 9, 2015 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Dale A. Drozd on 3/6/2015 DENYING plaintiff's 37 motion for appointment of counsel. (Yin, K)
May 29, 2014 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Dale A. Drozd on 5/28/2014 GRANTING plaintiff's 8 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; DISMISSING plaintiff's complaint with leave to amend within 30 days; and the Clerk shall send plaintiff a form for filing a civil rights action. (Yin, K)
April 22, 2014 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/14 ORDERING that Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; and Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(Dillon, M)
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Plaintiff: Johnny L. Franklin, Jr.
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Defendant: F. Foulk
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