Elder v. Swarthout
Petitioner: Corey Jerome Elder
Respondent: Gary Swarthout
Case Number: 2:2014cv00892
Filed: April 10, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
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
June 7, 2018 Opinion or Order Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/06/18 RECOMMENDING that defendant's motion to dismiss 34 be granted. Motion to Dismiss 34 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
November 27, 2017 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2017 DIRECTING the Office of the California Attorney General to make all reasonable efforts to locate an address for defendant E. E. Sandy and, within 30 days of the filed date of this order, file a document informing the court about the results of that search, if any. (CC: Ms. Monica Anderson) (York, M)
October 23, 2017 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Deborah Barnes on 10/23/17 ORDERING within twenty days of the date of service of this order, plaintiff shall inform the court just what he had done to obtain information for service on defendant Sandy. Plaintiff shall describe in detail the requests he has made for information and the responses he received. If possible, plaintiff shall attach copies of all such correspondence. (Plummer, M)
September 14, 2017 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Deborah Barnes on 09/13/17 ORDERING the Clerk of the Court is directed send plaintiff one USM-285 form with instruction sheet and copy of the amended complaint filed April 20, 2017. Within thirty days, plaintiff shall submit to the court the USM-285 form, with required additional information outlined in the August 8, 2017 order, required to effect service.(Plummer, M)
April 17, 2017 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Deborah Barnes on 4/17/2017 ORDERING plaintiff to file an amended complaint within 30 days. Plaintiff is warned that failure to file an amended complaint in accordance with the 3/7/2017 order will result in a recommendation that this case be dismissed.(Yin, K)
March 7, 2017 Opinion or Order Filing 16 ORDER for PAYMENT of INMATE FILING FEE signed by Magistrate Judge Deborah Barnes on 3/7/2017 DIRECTING the CDCR to collect from the prison trust account of Corey Jerome Elder an initial partial filing fee and thereafter monthly payments in accordance with this order. The Clerk is directed to serve the CDCR with a copy of the plaintiff IFP and this order. The Clerk is also DIRECTED to serve Financial with this order. (cc CDCR Prisoner Payments, Financial) (Donati, J)
September 9, 2015 Opinion or Order Filing 5 ORDER signed by Senior Judge William B. Shubb on 9/9/2015 ADOPTING 3 Findings and Recommendations and DISMISSING 1 Petition for writ of Habeas Corpus. The Court DECLINES to grant the Certificate of Appealability. Petitioner is GRANTED 30 days from the date of this order in which to file a complaint alleging violation of 42 USC 1983 or Notice of Voluntary Dismissal. (Donati, J)
August 10, 2015 Opinion or Order Filing 3 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/7/15 ORDERING that the Clerk of Court randomly assign a district judge to this action. It is RECOMMENDED that the petition for writ of habeas corpus (ECF No. 1 ) be di smissed with leave to file a complaint in this case under the Civil Rights Act. In the event the assigned District Judge adopts these recommendations, petitioner be granted 30 days from the date of that adoption in which to file a complaint for alleged violations of his civil rights or a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a) (1). Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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Petitioner: Corey Jerome Elder
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Respondent: Gary Swarthout
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