Diaz v. Fox et al
Plaintiff: Miguel Diaz
Defendant: R. Fox, D. Cueva, S. Pryor, Dhillon, Aguilera, M. DiTomas, Peralta, Ferreira, Stankiewicz, Samms and Zuvich
Case Number: 2:2014cv02705
Filed: November 18, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: John A. Mendez
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
August 20, 2018 Opinion or Order Filing 91 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/20/2018 ORDERING plaintiff's 80 motion for contempt and monetary sanctions is DENIED; and defendants' 78 motion for expenses is DENIED. IT IS RECOMMENDED that defendants' 78 motion for terminating sanctions be granted and this action be dismissed for failure to comply with a court order. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K)
June 18, 2018 Opinion or Order Filing 85 ORDER signed by District Judge John A. Mendez on 6/18/18 ORDERING that the Clerk is directed to file plaintiff's notice of appeal (ECF No. 84 at 3) and forward a copy of the notice and this order to the Ninth Circuit Court of Appeal. The docket should reflect that the notice of appeal was filed12/5/17.(Becknal, R)
January 16, 2018 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/16/2018 GRANTING 82 Motion for Extension of Time. Plaintiff shall have thirty days from the service of this order in which to file and serve an opposition. (Fabillaran, J)
November 9, 2017 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/17 DENYING 70 plaintiff's motion for recusal; DENYING 72 plaintiff's motion for extension of time; and DENYING 66 , 71 plaintiff's motions for contempt and monetary sa nctions. Plaintiffs motion to compel 50 is granted in part and denied in part. The motion is granted to the extent that defendants shall re-serve plaintiff with their privilege log within seven days of the filing of this order. The motion is other wise denied. Defendants shall have fourteen days from the filing of this order to file a response showing that they would be prejudiced by permitting plaintiff to withdraw his admissions and amend them with his untimely responses. Plaintiff may file a reply within fourteen days of service of the response. Defendants motion to compel further discovery responses 54 -1 is granted. Within twenty-one days of service of this order, plaintiff must provide further responses to defendants requests for production and interrogatories, as set forth in this order. Defendants shall have forty-five days from service of this order to bring any motion for sanctions based upon plaintiffs failure to comply with this order. Defendants motion to compel plaint iff to submit to a deposition 54 -1 is granted and they shall have sixty days from the filing of this order to take plaintiffs deposition. If plaintiff refuses to participate in his deposition, defendants may bring a motion for sanctions within fourteen days of being advised of plaintiffs refusal. Defendants request for their costs and fees associated with bringing this motion and plaintiffs failed deposition is denied. (Plummer, M)
May 22, 2017 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/22/2017 GRANTING defendants' 56 motion to modify the scheduling order. The deadline to file pretrial motions will be set by the Court after the parties' pending discovery motions have been ruled on. (Yin, K)
February 28, 2017 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/28/17 denying 47 Motion for protective order. (Plummer, M)
August 31, 2016 Opinion or Order Filing 41 ORDER adopting in full 38 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 8/31/16. Defendants' 28 motion to dismiss is DENIED. (Kastilahn, A)
June 28, 2016 Opinion or Order Filing 38 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/27/16 recommending that defendants' motion to dismiss 28 be denied. MOTION to DISMISS 28 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
March 25, 2016 Opinion or Order Filing 37 ORDER signed by District Judge John A. Mendez on 3/25/16 ORDERING that, upon reconsideration, the order of the magistrate judge filed 2/24/2016 is AFFIRMED. (Kastilahn, A)
March 14, 2016 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2016 DENYING plaintiff's 35 motion for recusal.(Yin, K)
February 24, 2016 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/24/2016 GRANTING defendants' 29 motion to stay; and discovery in this action is STAYED pending the resolution of defendants' motion to dismiss and the issuance of a Discovery and Scheduling Order. (Yin, K)
December 10, 2015 Opinion or Order Filing 26 ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/19/15 21 are ADOPTED in full; and all Defendants and claims are DISMISSED from this Action with prejudice except Eighth Amendment deliberate indifference claims against Ferreira and Stankiewicz. (Mena-Sanchez, L)
October 19, 2015 Opinion or Order Filing 21 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/19/2015 ORDERING that service is appropriate for Ferreira, Stankiewicz. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that all defendants and claims be dismissed from this action except Eighth Amendment deliberate indifference claims against Ferreira and Stankiewicz. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
July 14, 2015 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/14/15 ordering the findings and recommendations filed 5/28/15 13 are partially vacated as follows: The first amended complaint is dismissed for failure to state a claim; and plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
May 28, 2015 Opinion or Order Filing 13 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/28/15 recommending that this action be dismissed with prejudice for failure to state a claim. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
January 20, 2015 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 1/20/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Miguel Diaz 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)
December 1, 2014 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/14 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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Plaintiff: Miguel Diaz
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Defendant: R. Fox
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Defendant: D. Cueva
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Defendant: S. Pryor
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Defendant: Dhillon
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Defendant: Aguilera
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Defendant: M. DiTomas
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Defendant: Peralta
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Defendant: Ferreira
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Defendant: Stankiewicz
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Defendant: Samms
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Defendant: Zuvich
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