Gonzalez, Jr. v. Gamberg, et al.
Jose Gonzalez, Jr. |
R. Gamberg, Wheeler and L. Lively |
2:2014cv00737 |
March 21, 2014 |
US District Court for the Eastern District of California |
Sacramento Office |
San Luis Obispo |
Carolyn K. Delaney |
Kimberly J. Mueller |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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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