Rodriguez v. Beard et al
| Dean C. Rodriguez |
| Jeffrey Beard, Matthew Cate, Mike D. McDonald, Fred Foulk, R. St. Andre, D. Peddicord, W. Wilson, Kraft, J. Flaherty and Shelly Matis |
| 2:2014cv01049 |
| April 28, 2014 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Imperial |
| Kendall J. Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
173
ORDER signed by Senior Judge Morrison C. England, Jr. on 12/21/2020 GRANTING Defendants' 166 Motion for Extension of Time; DENYING Plaintiff's 165 Motion for Relief from the Judgment; The Clerk to serve this order on the Ninth Circuit Court of Appeals. (cc: USCA, No. 20-16391) (Zignago, K.)
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Filing
161
ORDER signed by Senior Judge Morrison C. England, Jr. on 2/19/2020 ADOPTING in FULL 157 Findings and Recommendations. Plaintiff's claims in the second amended complaint alleging an inadequate law library, inadequate law library access and race-based lockdowns on 3/2/2011 and 11/9/2012 are DISMISSED, and DENYING 26 Motion to Amend the Complaint. (Reader, L)
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Filing
157
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2019 VACATING the 141 findings and recommendations filed on 5/17/2019 and DENYING as moot plaintiff's 143 , 146 motions to enforce the Ninth Circuit 's 4/22/2019 order. IT IS RECOMMENDED that plaintiff's claims in the second amended complaint alleging an inadequate law library, inadequate law library access and race-based lockdowns on 3/2/2011 and 11/9/2012 be dismissed; and plaintiff's 26 motion to amend be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
141
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/17/2019 RECOMMENDING the 15 second amended complaint be dismissed but for the claims alleging that defendants Foulk and St. Andre subjected plaintiff to a race-based lockdown on 3/17/2013, and retaliation claim against defendant Matis; and plaintiff's 26 motion to amend be denied. Referred to Judge Morrison C. England, Jr; Objections to F&R due within 14 days. (Yin, K)
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Filing
133
ORDER signed by District Judge Morrison C. England, Jr on 3/21/17 ORDERING the Findings and Recommendations filed 12/28/16, are REJECTED insofar as they conflict with the analysis set out above or reach conclusions unnecessary to the determination of the motions before the Court, but are otherwise ADOPTED IN FULL; Plaintiff's motion to stay, 108 , construed as a motion pursuant to Federal Rule of Civil Procedure 56(d), is DENIED; Defendant's Motion for Summary Judgement, 102 , is GRANTED; and the matter having now been concluded in its entirety, the Clerk of the Court is directed to close the file. CASE CLOSED.(Becknal, R)
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Filing
126
ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/27/16 ORDERING that plaintiff's motion for an extension of time(ECF No. 116 ) is DENIED; It is RECOMMENDED that plaintiff's motion to stay (ECF No. [108 ]), construed as a motion pursuant to Federal Rule of Civil Procedure 56(d), be DENIED; Defendant's motion for summary judgment (ECF No. 102 ) be granted. Referred to Judge Morrison C. England. Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
123
ORDER signed by District Judge Morrison C. England, Jr. on 12/7/2016 ORDERING 118 upon reconsideration, the orders of the magistrate judge filed 10/28/2016 114 are AFFIRMED.(Reader, L)
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Filing
114
ORDER signed by Magistrate Judge Kendall J. Newman on 10/28/2016 ORDERING plaintiff's 90 motion for certification of subpoena is DENIED; plaintiff's 91 motion to compel is DENIED; plaintiff's 103 motion for TRO, construed as a request for extension of time, is GRANTED; plaintiff's 105 , 109 , 112 motions for extension of time to file an opposition to defendant's summary judgment motion and cross-motion for summary judgment are GRANTED; plaintiff's opposition and cross-motion for summary judgment are due within 21 days, no further requests for extension of time will be granted; plaintiff's 92 request to stay this action pending the resolution of his appeal is DENIED as moot. (Yin, K)
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Filing
89
ORDER signed by Chief Judge Morrison C. England, Jr. on 04/20/16 ORDERING that plaintiff's 88 objections are construed as a request for reconsideration; upon reconsideration, the 87 03/16/16 order of the magistrate judge is AFFIRMED. (Benson, A)
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Filing
87
ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/2016 ORDERING plaintiff's 79 , 83 requests for subpoenas are DENIED; plaintiff's 82 motion for the appointment of counsel is DENIED; plaintiff's 82 request for a n extension of time to conduct limited discovery is GRANTED; defendant shall serve plaintiff with responses to the already-served requests for admissions within 30 days of this order; plaintiff may file a motion to compel within 30 days thereafter; the dispositive motion deadline is EXTENDED to 7/15/2016. (Yin, K)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 1/15/16 GRANTING 77 Motion to conduct plaintiffs deposition via videoconference; Nothing in this Order shall be interpreted as requiring any penal institution to obtain videoconferencing equipment if it is not already available. A court reporter shall be present at the penal institution where plaintiff is incarcerated to record the deposition.(Dillon, M)
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Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/16 ORDERING that plaintiffs motion for permission to make deposits with the Clerk of the Court to pay witness fees (ECF No. 69 ) is denied.(Dillon, M)
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Filing
54
ORDER signed by Magistrate Judge Kendall J. Newman on 7/20/15 ORDERING that within twenty days of the date of this order, defendant Matis shall file a response to plaintiffs amended complaint.(Dillon, M)
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Filing
53
ORDER signed by Chief Judge Morrison C. England, Jr. on 7/8/2015 ORDERING 48 Plaintiff's motion for amendment, brought pursuant to FRCP 60(b), is GRANTED; the 5/19/2015 order 47 granting plaintiff's motion to voluntarily dismiss this ac tion is VACATED; the Clerk of the Court is directed to REOPEN this action; Plaintiff's claims against defendants Foulk and St. Andre are DISMISSED; this action will proceed on plaintiff's retaliation claim against defendant Matis; the Clerk of the Court is directed to serve a copy of this order on the 9th Circuit Court of Appeals. CASE REOPNED 49 (cc: USCA #15-16263)(Reader, L)
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Filing
45
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/3/2015 ORDERING the Clerk to assign a district judge to this action; AND RECOMMENDING that defendants' 41 motion to sever be granted; the retaliation cla im against defendant Matis be dismissed; and defendants Foulk and St. Andre be ordered to file a response to the second amended complaint within 20 days of the adoption of these findings and recommendations. Assigned and referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
30
ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/15 DENYING 26 Motion to Amend the Complaint. (Dillon, M)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/2014 GRANTING plaintiff's 3 request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; plaintiff's complaint is DISMISSED; within 30 days, plaintiff shall complete and return the Notice of Amendment with the required documents ; plaintiff's 6 motion for appoint of counsel is DENIED; and plaintiff's 7 motion to amend is DENIED. (Yin, K)
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