Smith v. Aubuchon, et al.
Plaintiff: William Granville Smith
Defendant: B. Aubuchon, M. James and Rancho Cordova Police Department
Case Number: 2:2014cv00775
Filed: March 26, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
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
September 20, 2022 Opinion or Order Filing 164 ORDER signed by Chief District Judge Kimberly J. Mueller on 9/19/2022 DENYING 163 Motion for petition of conflict, regarding this court's and the magistrate judge's orders, which the court construes as a renewed motion for relief from the judgment. For the same reasons noted in 162 this court's order, the court denies the motion. The court will not entertain any similar motions in the future. (Reader, L)
October 6, 2020 Opinion or Order Filing 155 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/5/2020 ADOPTING in full 137 Findings and Recommendations and GRANTING 129 defendants' Motion for Summary Judgment. The Clerk is directed to enter judgment. CASE CLOSED (Kastilahn, A)
September 29, 2020 Opinion or Order Filing 153 ORDER signed by Magistrate Judge Dennis M. Cota on 9/29/2020 DENYING 151 Motion for Extension of Time. 152 Objections to Findings and Recommendations are UNTIMELY. (Huang, H)
June 3, 2020 Opinion or Order Filing 141 ORDER signed by Magistrate Judge Dennis M. Cota on 06/03/2020 GRANTING IN PART 140 Motion for Extension of Time. Objections due within 30 days of the date of this order. (Tupolo, A)
April 30, 2020 Opinion or Order Filing 139 ORDER signed by Magistrate Judge Dennis M. Cota on 04/29/2020 GRANTING IN PART 138 Motion for Extension of Time. Objections due within 30 days of the date of this order. (Tupolo, A)
March 31, 2020 Opinion or Order Filing 137 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 03/30/20 RECOMMENDING that defendants motion for summary judgement 129 be granted; and judgement be entered in favor of defendants and against plaintiff on all claims as a matter of law. Motion for Summary Judgment 129 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
October 1, 2019 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Dennis M. Cota on 10/1/2019 DENYING 124 Motion without prejudice. (Henshaw, R)
September 25, 2019 Opinion or Order Filing 127 ORDER signed by District Judge Kimberly J. Mueller on 9/25/2019 ADOPTING 111 Findings and Recommendations in full. Plaintiff's 108 Motion for Injunctive Relief is DENIED. The matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
September 10, 2019 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Dennis M. Cota on 9/9/2019 GRANTING 116 Motion to Modify the Schedule and ORDERING that the parties may file dispositive motions within 30 days of the date of this order. (Huang, H)
August 9, 2019 Opinion or Order Filing 112 ORDER signed by District Judge Kimberly J. Mueller on 8/8/2019 ADOPTING 107 findings and recommendations in full. Plaintiff's 103 motion for injunctive relief is DENIED. (Zignago, K.)
August 2, 2019 Opinion or Order Filing 111 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 08/01/19 RECOMMENDING that plaintiff's motion for injunctive relief 108 be denied. Motion 108 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
June 12, 2019 Opinion or Order Filing 107 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 06/12/19 RECOMMENDING that plaintiff's motion for injunctive relief 103 be denied. Motion 103 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 11, 2018 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Dennis M. Cota on 9/10/2018 GRANTING 83 Motion for Extension of Time. Plaintiff may file objections to 81 Findings and Recommendations within 30 days of the date of this order. (Henshaw, R)
August 21, 2018 Opinion or Order Filing 81 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/20/18 RECOMMENDING that defendants unopposed motion to dismiss 78 be granted. Defendant Aubuchon be dismissed from the action. This action proceed on the fourth amende d complaint as against defendant James only on plaintiffs excessive force claim. Defendant James be required to file an answer to the fourth amended complaint. Motion to Dismiss 78 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
August 6, 2018 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Craig M. Kellison on 08/06/18 ORDERING that attorney Jesse M. Rivera is substituted in as attorney of record in place of attorney Rober L. Chalfant for defendants Aubuchon and James. (Plummer, M)
April 13, 2018 Opinion or Order Filing 70 ORDER signed by District Judge Kimberly J. Mueller on 4/12/18 ADOPTING 64 FINDINGS AND RECOMMENDATIONS: 61 Motion to Dismiss is granted. Plaintiff's third amended complaint is dismissed with leave to amend. Plaintiff is granted thirty days from the date of this order in which to file a fourth amended complaint. The Clerk of the Court is directed to send plaintiff the court's form § 1983 civil rights complaint. (Kaminski, H)
September 1, 2017 Opinion or Order Filing 64 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/31/17 recommending that defendants' unopposed motion to dismiss 61 be granted and that this action be dismissed in its entirety without further leave to amend and with prejudice. Motion to Dismiss 61 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
June 6, 2017 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Craig M. Kellison on 06/05/17 granting 57 Motion for Extension of time. Plaintiff's second amended complaint filed on 5/22/17 is deemed timely. Plaintiff's motion for the appointment of counsel 59 is denied. (Plummer, M)
March 21, 2017 Opinion or Order Filing 55 ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 43 Findings and Recommendations; GRANTING 28 Motion to Dismiss; DISMISSING the 16 First Amended Prisoner Civil Rights Complaint with leave to amend; ORDERING the plaintiff to file a Second Amended Prisoner Civil Rights Complaint within 30 days. (Michel, G.)
January 10, 2017 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Craig M. Kellison on 1/10/17 ORDERING that plaintiff's motion for an extension of time (Doc. 49 ) is GRANTED; Plaintiff may file objections to the court's September 9, 2016, findings andrecommendations within 30 days of the date of this order; and plaintiff's motion for the appointment of counsel (Doc. 50 ) is DENIED.(Dillon, M)
September 26, 2016 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Craig M. Kellison on 9/26/2016 DENYING plaintiff's 44 motion for appointment of counsel. (Yin, K)
September 9, 2016 Opinion or Order Filing 43 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 09/08/16 recommending that defendants' motion to dismiss be granted and that the first amended complaint be dismissed with leave to amend. Motion to Dismiss 28 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
August 15, 2016 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Craig M. Kellison on 8/15/2016 DENYING plaintiff's 35 , 41 motions for appointment of counsel. (Yin, K)
September 16, 2015 Opinion or Order Filing 30 ORDER signed by Judge Kimberly J. Mueller on 9/16/2015 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Rancho Cordova Police Department is DISMISSED as a defendant to this action, which proceeds against defendants Aubuchon and James ONLY. (Reader, L)
May 22, 2015 Opinion or Order Filing 23 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 5/21/15 RECOMMENDING that the Rancho Cordova Police Department be dismissed and that this action proceed as against defendants Aubuchon and James only. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
October 30, 2014 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Craig M. Kellison on 10/30/14 ORDERING that plaintiff may file an amended complaint within 30 days of the date of service of this order.(Dillon, M)
July 11, 2014 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Granville William Smith signed by Magistrate Judge Craig M. Kellison on 7/10/2014 GRANTING plaintiff's 3 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with this order; CDCR shall 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)
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Plaintiff: William Granville Smith
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Defendant: B. Aubuchon
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Defendant: M. James
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Defendant: Rancho Cordova Police Department
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