Bell v. Duffy, et al.
Plaintiff: Danny Bell
Defendant: Brian Duffy and A. Payan
Case Number: 2:2014cv00965
Filed: April 18, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kendall J. Newman
Presiding Judge: Garland E. Burrell
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
March 18, 2016 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/16 disregarding 76 Motion to Amend the Complaint and proposed fifth amended complaint. (Plummer, M)
January 8, 2016 Opinion or Order Filing 74 ORDER signed by District Judge Garland E. Burrell, Jr. on 1/7/2016 DENYING 68 Motion for Reconsideration construed as a Motion for Relief from Judgment pursuant to F.R.Cv.P. Rule 60(b). (Michel, G.)
September 8, 2015 Opinion or Order Filing 59 ORDER signed by Judge Garland E. Burrell, Jr. on 9/4/2015 FINDINGS AND RECOMMENDATIONS 55 are ADOPTED in FULL; Plaintiff's 44 motion to file a fourth amended complaint is DENIED with respect to his request to add his previously dismissed claims challenging the allegedly erroneous restitution order; Plaintiff's motion to file a fourth amended complaint alleging erroneous entries in his criminal record is denied for the reasons discussed in this order. (Reader, L)
September 3, 2015 Opinion or Order Filing 58 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/02/15 ORDERING that plaintiff's motion for summary judgment 47 and defendants' motion to strike 48 are vacated. Also, RECOMMENDING that defendants' motion for summary judgment 53 be granted. MOTION for SUMMARY JUDGMENT 53 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
July 24, 2015 Opinion or Order Filing 55 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/23/15 ORDERING that plaintiffs motion to file a fourth amended complaint (ECF No. 44 ) to add defendants Shaffer and Woodford as defendants with respect to his cla im challenging the calculation of filing fees is denied without prejudice; the court will issue further orders regarding these proposed new defendants following resolution of defendants summary judgment motion, if appropriate; It is RECOMMENDED that plaintiffs motion to file a fourth amended complaint (ECF No. 44 ) be denied with respect to his request to add his previously dismissed claims challenging the allegedly erroneous restitution order. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
May 4, 2015 Opinion or Order Filing 46 ORDER signed by Judge Garland E. Burrell, Jr. on 5/1/2015 FINDINGS AND RECOMMENDATIONS 41 are ADOPTED in full; Defendants' 32 Motion to Dismiss is DENIED; and Defendants shall file a response to plaintiff's Second Amended Complaint within 20 days of the service of this order. (Reader, L)
April 6, 2015 Opinion or Order Filing 41 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/6/2015 DENYING plaintiff's 34 motion for appointment of counsel; DENYING, as unnecessary, plaintiff's 35 motion for an extension of time to file an amended complaint; and DENYING plaintiff's request to proceed on the proposed third amended complaint and proposed supplemental third amended complaint; AND RECOMMENDING that defendants' 32 motion to dismiss be denied; defendants be ordered to file a response to plaintiff's second amended complaint within 20 days of the adoption of these findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
February 6, 2015 Opinion or Order Filing 31 ORDER ADOPTING 29 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 2/5/2015. Plaintiff's 25 Motion to file a Second Amended Complaint is DENIED with respect to his claim alleging improper withdrawal of money to pay restitution and GRANTED with respect to plaintiff's claim challenging defendants calculation of filing fee payments. Defendants shall file a Response to plaintiff's claim challenging defendants' calculation of filing fee payments within 20 days of date of this Order. (Marciel, M)
December 30, 2014 Opinion or Order Filing 29 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/29/2014 VACATING defendants' 18 motion to dismiss; and DENYING, as unnecessary, plaintiff's 19 motion for extension of time; and RECOMMENDING that plaintiff's 25 motion to file a second amended complaint be denied with respect to his claim alleging improper withdrawal of money to pay restitution; and the motion to file the second amended complaint be granted with respect to plaintiff's claim challenging defendants' calculation of filing fee payments. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
July 31, 2014 Opinion or Order Filing 17 ORDER signed by Judge Garland E. Burrell, Jr on 7/30/14 ADOPTING IN FULL 10 Findings and Recommendations. Plaintiff's claims alleging defendants improperly processed his administrative appeals and improperly charged plaintiff two filing fees, contained in 1 Petition are DISMISSED. (Meuleman, A)
May 29, 2014 Opinion or Order Filing 13 ORDER signed by Judge Garland E. Burrell, Jr on 5/28/2014 DENYING plaintiff's 11 Motion to Disqualify or Recuse Judge. (Marciel, M)
May 9, 2014 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Danny Bell signed by Magistrate Judge Kendall J. Newman on 05/08/14. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Plaintiff: Danny Bell
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Defendant: Brian Duffy
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Defendant: A. Payan
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