Gonzalez, Jr. v. Gamberg, et al.
Plaintiff: Jose Gonzalez, Jr.
Defendant: R. Gamberg, Wheeler and L. Lively
Case Number: 2:2014cv00737
Filed: March 21, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Luis Obispo
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 8, 2017 Opinion or Order Filing 45 ORDER signed by District Judge Kimberly J. Mueller on 2/7/17 ORDERING that the findings and recommendations filed December 14, 2016, are ADOPTED in full; Defendant Lively's motion for summary judgment 33 is GRANTED; Plaintiff's rema ining claims against defendant Lively are DISMISSED for failure to exhaust available administrative remedies prior to bringing suit; and this matter is REFERRED back to the magistrate judge assigned to this case for further proceedings. (Becknal, R)
December 14, 2016 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/14/16 recommending that defendant Lively's motion for summary judgment 33 be granted; and plaintiff's remaining claims against defendant Lively be dismissed for failure to exhaust available administrative remedies prior to bringing suit. MOTION for SUMMARY JUDGMENT 33 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
December 8, 2016 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/08/16 ordering that, within 5 days of this order, defendant Lively shall provide the court with an affidavit indicating the date in 2011 on which plaintiff arrived at the California Correctional Institution in Tehachapi, California following his transfer from High Desert State prison. Neither party need take any other further action until further notice from the court. (Plummer, M)
December 5, 2016 Opinion or Order Filing 41 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/05/16 ordering the Custodian to produce Jose Gonzalez on 4/06/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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 and Out-to-Court Desk. (cc: OTCD and KJN)(Plummer, M)
March 3, 2016 Opinion or Order Filing 31 ORDER ADOPTING 23 FINDINGS and RECOMMENDATIONS, in full (with one correction: Page 3, Line 6 of F & Rs - date 12/24/2014 corrected to 12/24/2013), signed by District Judge Kimberly J. Mueller on 3/2/2016. Defendants' 16 Motion to Dismiss is GRANTED. Plaintiff's remaining claims against defendant Gamberg are DISMISSED and claims arising under California law for battery against defendants Wheeler and Lively are DISMISSED. Defendants Wheeler and Lively shall file their Answer with respect to plaintiff's remaining claims within 21 days. (Marciel, M)
September 29, 2015 Opinion or Order Filing 27 ORDER signed by Judge Kimberly J. Mueller on 9/28/15 ORDERING that within fourteen days from the date of this order defendants shall file and serve a response to the equitable tolling argument raised in Plaintiff's objections. Plaintiff may file and serve a reply within fourteen daysthereafter.(Mena-Sanchez, L)
May 18, 2015 Opinion or Order Filing 23 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/18/15 RECOMMENDING that Defendants' motion to dismiss (ECF No. 16 ) be granted; Plaintiff's remaining claims against defendant Gamberg be dismissed; Plaint iff's claims arising under California law for battery against defendants Wheeler and Lively be dismissed; and Defendants Wheeler and Lively be ordered to file their answer with respect to plaintiff's remaining claims within 20 days. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 17, 2015 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/17/15 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to defendants motion to dismiss or a statement of non-opposition.(Dillon, M)
March 27, 2014 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/27/14 denying 2 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a completed request to proceed in forma pauperis on the form provided by the clerk of court or the appropriate filing fee. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
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Plaintiff: Jose Gonzalez, Jr.
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Defendant: R. Gamberg
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Defendant: Wheeler
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Defendant: L. Lively
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