Garcia v. Folks et al
| Raul Garcia |
| F. Folks, Riley, D. Cox, Loftin, Witcheal, Wung, Madrigal and Holmes |
| 2:2014cv02378 |
| October 6, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Edmund F. Brennan |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
173
ORDER signed by Magistrate Judge Deborah Barnes on 6/29/2022 DENYING 172 Motion to Clear Fess without prejudice. (Mena-Sanchez, L)
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Filing
168
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 7/24/20 ORDERING the Custodian to produce Raul Garcia by telephonic conferencing on 8/05/20 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. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: KJN) (Plummer, M)
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Filing
167
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 7/24/2020 ORDERING the Custodian to produce Raul Garcia via telephonic-conferencing at 9:00 a.m. on 8/5/2020 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. (cc: KJN) (Henshaw, R)
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Filing
160
ORDER signed by Magistrate Judge Deborah Barnes on 06/12/20 DENYING 158 Motion to Appoint Counsel. (Plummer, M)
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Filing
157
ORDER signed by Magistrate Judge Deborah Barnes on 5/18/2020 SETTING this case for a Settlement Conference on 8/5/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall exchange non-confidential settlement statements 7 days prior to the settlement conference in accordance with this order. The Clerk shall serve a copy of this order on the PBSP Litigation Coordinator via facsimile. (cc: KJN, ADR) (Yin, K)
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Filing
155
ORDER signed by District Judge John A. Mendez on 3/23/20 ADOPTING 152 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 135 Motion for Summary Judgment. (Kaminski, H)
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Filing
152
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/05/20 RECOMMENDING that defendants' motion for summary judgment 135 be granted in part and denied in part. Motion for Summary Judgment 135 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
150
ORDER signed by Magistrate Judge Deborah Barnes on 12/05/19 ORDERING Attorney Douglas Thorn was appointed solely for the purpose of representing plaintiff through the evidentiary hearing and subsequent briefing on the issue of exhaustion. That issue has now been resolved. Accordingly, the Clerk of the Court shall remove Mr. Thorn from the docket in this case and plaintiff shall again be considered to be acting in pro per. Also, GRANTING IN PART AND DENYING IN PART 127 , 138 plaintiff's m otions for copies. The Clerk of the Court is directed to serve this courts April 2, 2019 Findings and Recommendations 123 on plaintiff; and plaintiffs request for a copy of the transcript of the October 22, 2018 evidentiary hearing is denied; DENY ING 127 motion for the appointment of counsel; and GRANTING IN PART AND DENYING IN PART 148 Motion to Strike. Defendants motion to strike plaintiffs September 16 and October 10 filings of exhibits is denied; and defendants motion to strike plain tiffs September 23 sur-reply 145 is granted. Within twenty days of the filed date of this order, defendants may file an addendum to their reply to the motion for summary judgment for the purpose of addressing plaintiffs September 16 and October 10 filings of exhibits. (Plummer, M)
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Filing
146
ORDER signed by District Judge John A. Mendez on 10/7/19 ADOPTING in full 123 Findings and Recommendations. Plaintiff has satisfied the exhaustion requirement because administrative remedies were effectively unavailable to him. This case will proceed on the merits of plaintiff's claims. (Kastilahn, A)
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Filing
123
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/01/19 RECOMMENDING that the court find plaintiff has satisfied the exhaustion requirement because administrative remedies were effectively unavailable to him; and this case proceed on the merits of plaintiff's claims. Referred to Judge John A. Mendez. Objections within 14 days. (Plummer, M)
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Filing
120
AMENDED STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/15/2018 ADOPTING the amended stipulation as an order of the court. (Yin, K)
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Filing
119
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2018 ADOPTING the parties' stipulation regarding the admission of exhibits.(Yin, K)
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Filing
116
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 09/26/18 ORDERING the Custodian to produce Raul Garcia on 10/22/18 at 9:00 a.m. in courtroom 27 before Magistrate Judge Deborah Barnes. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies of writ served on the Warden, Pelican Bay State Prison.) (Plummer, M)
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Filing
111
ORDER signed by Magistrate Judge Deborah Barnes on 08/06/18 ORDERING ( Evidentiary Hearing set for 10/22/2018 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
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Filing
109
ORDER signed by Magistrate Judge Deborah Barnes on 05/31/18 ORDERING Douglas R. Thorn is appointed as counsel in the above entitled matter. Counsel is appointed for the limited purpose of preparing for and representing plaintiff at an evidentiary hea ring on the issue of exhaustion as outlined in the findings and recommendations dated January 26, 2018 96 . Douglas R. Thorns appointment will terminate when the order on the issue of exhaustion has been filed. ( Status Conference set for 8/3/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
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Filing
106
ORDER signed by Magistrate Judge Deborah Barnes on 04/02/18 ORDERING that this case is referred to the court's Pro Bono Coordinator, Sujean Park, to locate counsel willing to represent plaintiff in this case for purposes of preparing for and conducting an evidentiary hearing on the issue of exhaustion. (cc: ADR Director)(Plummer, M)
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Filing
104
ORDER signed by District Judge John A. Mendez on 3/29/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/29/18 96 are ADOPTED in full; Defendants' Motion for Summary Judgment 80 is DENIED on the issue of exhaustion and DENIED without prejudice on the merits; Defendants' Motion to Strike the sur-reply 95 is GRANTED; and This case is referred back to the Magistrate Judge for the appointment of counsel for Plaintiff and to conduct an evidentiary hearing on the exhaustion issues identified in the January 29 Findings and Recommendations. (Mena-Sanchez, L)
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Filing
99
ORDER signed by Magistrate Judge Deborah Barnes on 2/13/18 ORDERING the 1/31/18 order 97 setting a settlement conference of 3/23/18 is vacated. ( Settlement Conference set for 3/29/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Car olyn K. Delaney.) Parties are directed to submit confidential settlement statements no later than March 22, 2018 to ckdorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney , USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 22, 2018. The envelope shall be marked CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT. Parties are also directed to file a Notice of Submission of Co nfidential Settlement Statement (See L.R. 270(d)).Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked confidential with the date and time of the settlement conference indicated prominently thereon. (cc: CKD). (Plummer, M)
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Filing
98
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 1/30/18 ORDERING the Custodian to produce Raul Garcia on 3/23/18 at 9:00 a.m. before Magistrate Judge Michael J. Seng at CSP-Corcoran. 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 writ on the Custodian. (cc: MJS)(Plummer, M)
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Filing
96
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/26/18 RECOMMENDING that defendants' motion for summary judgment 80 be denied on the issue of exhaustion and denied without prejudice on the merits. Defendants' m otion to strike the sur-reply 95 be granted. The court schedule an evidentiary hearing on the exhaustion issues identified above. The court appoint counsel for plaintiff. Motions 80 and 95 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
88
ORDER signed by Magistrate Judge Deborah Barnes on 8/29/2017 GRANTING 86 Motion for Extension of Time. Plaintiff to place his opposition in the mail on or before 9/18/2017. (Henshaw, R)
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Filing
85
ORDER signed by Magistrate Judge Deborah Barnes on 07/20/17 denying 84 Motion to Appoint Counsel and granting 83 Motion for Extension of time. Plaintiff shall place his opposition in the mail on or before 8/17/17. Any reply shall be filed and served in accordance with Local Rule 230(l). (Plummer, M)
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Filing
79
ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 DISMISSING AS MOOT 72 Motion to Compel and GRANTING 78 Motion for Extension of Time. Deadline for filing pretrial motions extended to 6/26/2017. (Henshaw, R)
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Filing
76
ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 ORDERING defendants' 67 motion to compel is WITHDRAWN. Within 20 days, plaintiff shall inform the court whether he as received a response to his motion to compel and it is therefore moot. If plaintiff does not file a timely notification, the court will accept defendants' representation that they have responded to the discovery requested in the motion to compel and will dismiss plaintiffs motion as moot. (Yin, K)
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Filing
66
ORDER signed by Magistrate Judge Deborah Barnes on 02/27/17 plaintiff's motion to serve additional interrogatories 61 is denied. Plaintiff's motion for issuance of subpoenas 62 is denied. Plaintiff's motion to compel 63 is dismissed as moot. (Plummer, M)
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Filing
57
ORDER signed by Magistrate Judge Deborah Barnes on 1/9/17 ORDERING that plaintiff's request for an extension of time to answer defendants' discovery requests (ECF No. 53 ) is GRANTED. Plaintiff shall have an additional 30 days to respond to those requests. Plaintiff's request for an extension of the discovery cutoff (ECF No. 54 ) is GRANTED. The discovery and scheduling order issued October 11, 2016 (ECF No. 38 ) is AMENDED. The deadline for discovery is continued to February 27, 2017. The parties may conduct discovery until that date. In addition, any motions to compel discovery shall be filed by that date. Plaintiff's 55 request for subpoenas duces tecum is DENIED.(Dillon, M)
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Filing
48
ORDER signed by Magistrate Judge Deborah Barnes on 12/12/2016 DENYING without prejudice plaintiff's 47 unclear request for forms. (Yin, K)
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Filing
44
ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Deborah Barnes on 11/09/16. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Deborah Barnes on 9/30/2016 DENYING plaintiff's 35 motion for appointment of counsel. (Yin, K)
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Filing
21
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/16 ORDERING that the Clerk of the Court is directed to provide plaintiff with another copy of the endorsed October 6, 2014 complaint. Within thirty days, plaintiff shall submit to the court nine copies of the endorsed October 6, 2014 complaint, which are required to effect service. Failure to return the copies within the specified time period will result in dismissal of this action.(Dillon, M)
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Filing
15
ORDERDIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 11/13/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Raul Garcia and forward payment to the court until the balance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
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Filing
11
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/2/14 ORDERING that plaintiffs request 9 is denied as unnecessary and the Clerk is directed to terminate docket entry number 9. (Dillon, M)
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Filing
8
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/17/14 GRANTING 7 Motion for Extension of time. Plaintiff has 30 days from the date this order is served to file his application to proceed in forma pauperis and required certified inmate trust account statement.(Dillon, M)
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Filing
5
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/14 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. (Dillon, M)
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Filing
3
ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Michael J. Seng on 10/8/14. New Case Number 2:14-cv-02378-EFB (PC).(Verduzco, M)
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