Clemente v. Parciasepe et al
Plaintiff: Marcelino Clemente
Defendant: T. Parciasepe and William Knipp
Case Number: 2:2014cv00611
Filed: March 5, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Kendall J. Newman
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
May 31, 2017 Opinion or Order Filing 107 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 05/31/17 ordering this action is dismissed pursuant to FRCP 41(a). The parties mention herein to bear their own fees and costs. CASE CLOSED (Plummer, M)
May 26, 2017 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/25/17 ordering that dispositional documents are to be filed not later than 14 days from the date of this order. All hearing dates heretofore set in this matter are vacated. (Plummer, M)
April 20, 2017 Opinion or Order Filing 101 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/20/17 ordering the Custodian to produce Marcelino Clemente via videoconferencing on 5/25/17 at 10:00 a.m. in courtroom 8 before Magistrate Judg e Edmund F. Brennan. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and EFB) (Plummer, M)
March 28, 2017 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/17 ordering within thirty days from the date of this order, plaintiff shall file a supplemental pretrial statement addressing the issues set forth above. Within twenty-one days from the date of this order, the parties shall complete, serve, and file the appended notice regarding judge election for settlement conference. Failure to timelyfile the attached notice will result in the settlement conference being set before a different magistrate judge.(Plummer, M)
October 25, 2016 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/16 ORDERING that 86 Motion to Appoint Counsel is DENIED without prejudice; Plaintiff is granted permission to write to the following inmates to determine whether each such inmate is wil ling to testify: Larry Rush, B97377, California Health Care Facility, Stockton; Yuntoo Batiste, P18723, California State Prison, Corcoran, and Roberto F. Garcia, F78614, Pleasant Valley State Prison, Coalinga. The Clerk of the Court is directed to serve a copy of this order on the litigation coordinator at Mule Creek State Prison.(Dillon, M)
October 11, 2016 Opinion or Order Filing 87 FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 11/28/2016. Defendant shall file a pretrial statement on or before 12/12/2016. Pretrial conference is set for 1/3/2017, before the magistrate judge. The pretrial conference shall be conducted on the file only, without appearance by either party. The jury trial date will be set in the pretrial order. (Kastilahn, A)
September 20, 2016 Opinion or Order Filing 85 ORDER signed by District Judge Morrison C. England, Jr., on 9/20/16 ORDERING that 83 the findings and recommendations are ADOPTED in full. Defendant's 75 motion for summary judgment is DENIED. This matter is REMANDED to the assigned magistrate judge for further scheduling. (Kastilahn, A)
July 19, 2016 Opinion or Order Filing 83 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/16 RECOMMENDING that defendant's motion for summary judgment (ECF No. 75 ) be denied; and this matter be remanded to the undersigned for further scheduling. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 1, 2016 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/16 ORDERING that Plaintiff's 76 motions are DENIED. Plaintiff's 76 motion for extension of time to oppose the motion for summary judgment is GRANTED. Plaintiff is GRANTED 3 0 days in which to file an opposition to the motion for summary judgment; and defendant's reply shall be filed 21 days thereafter. After defendant's reply is filed, briefing on the motion for summary judgment is closed, and no further filings in connection thereto are permitted. (Kastilahn, A)
October 23, 2015 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 ordering within 14 days from the date of this order, defendant shall provide to plaintiff a copy of pages 5,7,8,9,10,21 and 22 of Villiers' 11/13/14 deposition transcript, as well as a copy of exhibit 1 thereto (Villiers' 11/06/14 letter)Defendant's motion for summary judgment 47 is denied without prejudice to its renewal within 21 days from the date of this order. Defendant is not required to re-file the motion a nd supporting documents, but may reference the prior filings in the notice. Plaintiff shall file a revised opposition to the re-noticed motion within 30 days after the notice is served; plaintiff is not required to re-submit his exhibits but may ask the court to attach his previously-submitted exhibits 64 at 20-61, to his revised opposition, but is not required to include all of his arguments and any new evidence within the revised opposition. After defendant's revised reply is filed, briefing on the motion for summary judgment is closed, and no further filings in connection thereto are allowed. (Plummer, M)
July 30, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2015 ORDERING plaintiff to file his opposition to the motion for summary judgment on or before 8/28/2015. Defendant's reply shall be filed 7 days thereafter.(Yin, K)
July 13, 2015 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2015 PARTIALLY GRANTING plaintiff's 54 motion. The Mule Creek State Prison Litigation Coordinator is requested to, within 14 days, file and serve a written statement identifying th e location of plaintiff's legal materials, and plaintiff's access thereto, and addressing whether plaintiff's legal materials that were in the possession of inmate Alonzo Joseph have been returned to plaintiff. The Clerk skall serve a copy of this order on the MCSP Litigation Coordinator. Plaintiff's 54 motion for appointment of counsel is DENIED. Plaintiff's 55 , 56 motions for an extension of time are GRANTED, and plaintiff has 45 days to file an opposition to the motion for summary judgment. (Yin, K)
May 22, 2015 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/15 denying 42 and 45 Motions to Appoint Counsel. (Dillon, M)
April 22, 2015 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2015 ORDERING defendants to inform the court as to the status of plaintiff's legal materials, within 21 days.(Yin, K)
April 16, 2015 Opinion or Order Filing 43 ORDER ADOPTING 39 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 4/15/2015. Defendant's 29 Motion for Summary Judgment on defendant's retaliation claim is GRANTED and plaintiff's retaliation claims against defendant are DISMISSED without prejudice based on plaintiff's failure to exhaust administrative remedies. This action now proceeds SOLELY on plaintiff's 39 8th Amendment claim. (Marciel, M)
March 6, 2015 Opinion or Order Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/5/2015 RECOMMENDING that defendant's 29 motion for summary judgment on defendant's retaliation claim be granted, and plaintiff's retailiation claims against defendant be dismissed without prejudice, based on plaintiff's failure to exhaust administrative remedies. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
January 9, 2015 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/15 denying 33 Motion to Appoint Counsel. (Plummer, M)
January 6, 2015 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2015 ORDERING that within 30 days, plaintiff shall file an opposition to the 29 motion for summary judgment; defendant's reply due within seven days thereafter. (Yin, K)
November 12, 2014 Opinion or Order Filing 28 ORDER and REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2014 DENYING plaintiff's 26 motion for appointment of counsel, without prejudice; discovery is continued to 12/31/2014; and all pretrial motions, except motions to compel discovery, shall be filed on or before 3/31/2015.(Yin, K)
June 27, 2014 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 DENYING plaintiff's 18 motion to append declarations to the complaint; DIRECTING the Clerk to return the original witness declarations (ECF No. 18 at 3-5) to plaintiff; DENYING plaintiff's 17 motion for the appointment of counsel, without prejudice; and DISMISSING plaintiff's claims against defendant Knipp, without prejudice. (Yin, K)
May 6, 2014 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Marcelino Clemente signed by Magistrate Judge Kendall J. Newman on 5/6/2014. CDCR is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 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)
March 18, 2014 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/14 ORDERING that Plaintiffs application to proceed in forma pauperis (ECF No. 2 ) is dismissed without prejudice; 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 thirty days from the date of this order, a completed and signed application to proceed in forma pauperis on the current form provided with this order. (Dillon, M)
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Plaintiff: Marcelino Clemente
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Defendant: T. Parciasepe
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Defendant: William Knipp
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