Puckett v. Agboli et al
| Durrell Puckett |
| A. Agboli, Lynch, Dayson, R. Bulawin, D. Yaroch, Lius and Romeo Vallar |
| 2:2014cv02776 |
| November 25, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Craig M. Kellison |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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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
171
MINUTES for proceedings held before District Judge Dale A. Drozd: JURY TRIAL held on 9/25/2023. Durrell Pucket present, in custody. Jeremy Schroder appeared for A. Agboli. Jamil Ghannam appeared for dfts Lynch, Dayson, Bulawin, Yaroch, and Vallar. Court addressed preliminary matters: short notice for issuance of Writ, shackling as stated on the record. Discussion of accommodations and/or restrictions for pltf. After discussion, court took recess to allow CDC Officer to consult with Warden. Court addressed dft Luis as to no pending claims as discussed on the record. Minutes to reflect dft Luis dismissed as of 6/11/2019. Court back in session. CDC addressed court as to consultation with Warden and accommodation as to waist restraint an d one arm to be restrained as stated on the record. Court addressed defendants' 161 Motion in Limine as stated on the record: (1) Granted in part and denied in part; (2) Granted without prejudice; (3) Granted; (4) Granted; (5) Granted; (6) Gr anted; (7) Granted in part and Denied in part without prejudice and reserved; (8) Granted with exception as stated on the record; (9) Granted; (10) Denied. Court addressed plaintiff's trial brief construed as motions in limine as stated on the record. (1-3) Denied without prejudice, subject to renewal; (4) Denied without prejudice; (5) Denied without prejudice as to specific evidence offered at trial; (6) Granted in part; (7) Reserved ruling. Voir Dire began. Prospective jurors sworn. Jury selected and sworn. Opening statements. Anthony Puckett sworn and testified on direct, cross examination. Pltf rested. Defendants' oral Motion re Rule 50. After hearing of arguments, Defendants' Motion Denied as stated on the record. Jury Trial CONTINUED for 9/27/2023 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Court Admonished Jury. Plaintiff Durrell Puckett present. Defendants Counsel Jeremy Schroeder, Jamil Ghannam present. Court Reporter/CD Number: Rachel Alvarez. (Buzo, P)
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Filing
170
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 9/21/2023 ORDERING the Custodian to produce Durrell Anthony Puckett on 9/25/2023 at 9:00 AM in Courtroom 4 before District Judge Dale A. Drozd. 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 and Out-to-Court Desk. (cc: OTCD) (Huang, H)
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Filing
162
ORDER signed by District Judge Dale A. Drozd on 9/12/2023 DENYING 159 Motion to Appoint Counsel. This action remains scheduled for a jury trial before the undersigned commencing on 9/25/2023 at 9:00 AM in courtroom 4 on the 14th floor of the Robert T.Matsui Federal Courthouse, Sacramento, CA. (Reader, L)
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Filing
158
ORDER signed by District Judge Dale A. Drozd on 8/18/23 DENYING 155 Motion for Reconsideration of 150 Order. (Kastilahn, A)
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Filing
151
ORDER AND WRIT FOR HABEAS CORPUS AD TESTIFICANDUM BY VIDEO CONFERENCE signed by Magistrate Judge Dennis M. Cota on 7/31/2023 ORDERING the Custodian to produce by zoom video conference, Durrell Anthony Puckett, on 8/15/2023 at 1:30 PM before District Judge Dale A. Drozd. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The Clerk of the Court is directed to serve a copy of this order and writ on the custodian. (Huang, H)
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Filing
150
ORDER signed by Magistrate Judge Dennis M. Cota on 7/31/2023 ORDERING that Plaintiff's 143 Request to introduce evidence at trial, consisting of various inmate declarations, is DENIED. Plaintiff's objection to the final pre- trial order , 144 , is SUSTAINED as to page 2, lines 16-18 of the pre-trial order, which is MODIFIED to reflect that these facts are in dispute. Plaintiff's objection to the final pre-trial order, 144 , is OVERRULED to the extent the Court denies Plaintiff's motion to exclude defense witnesses. Plaintiff's 146 renewed Motion for the attendance of incarcerated witnesses, Is DENIED. (Mena-Sanchez, L)
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Filing
142
ORDER signed by Magistrate Judge Dennis M. Cota on 6/9/2023 DENYING 107 Motion for the Attendance of Incarcerated Witnesses, as supplemented by 115 and 116 Notices, without prejudice to a further request supported with the information found lacking. (Huang, H)
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Filing
138
ORDER signed by Magistrate Judge Dennis M. Cota on 6/5/2023 DENYING plaintiff's 137 request for the appointment of counsel and access to mental health records. (Yin, K)
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Filing
135
ORDER signed by Magistrate Judge Dennis M. Cota on 04/14/2023 GRANTING the 130 Motion for Trial-Setting and DENYING the 130 Motion for Referral to a Settlement Conference without prejudice. Defendants shall file a statement of their election to participate in a settlement conference within 7 days from this order. (Spichka, K.)
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Filing
133
ORDER signed by Magistrate Judge Dennis M. Cota on 03/28/2023 DENYING the 131 Request for Appointment of Counsel and Access to Mental Health Records. (Spichka, K.)
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Filing
129
ORDER signed by Magistrate Judge Dennis M. Cota on 1/17/2023 DENYING, without prejudice, plaintiff's 128 request for the appointment of counsel and access to mental health records. (Yin, K)
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Filing
124
ORDER signed by Magistrate Judge Dennis M. Cota on 06/03/22 DENYING 122 Motion to Appoint Counsel without prejudice.(Licea Chavez, V)
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Filing
121
ORDER signed by Magistrate Judge Dennis M. Cota on 12/28/2021 DENYING 120 Motion to Appoint Counsel. (Henshaw, R)
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Filing
114
ORDER signed by Magistrate Judge Dennis M. Cota on 2/17/2021 DENYING without prejudice to renewal with proper affidavits 107 Motion for Attendance of Incarcerated Witnesses. (Henshaw, R)
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Filing
113
ORDER signed by Magistrate Judge Dennis M. Cota on 12/21/2020 DENYING 110 and 112 Motions to Appoint Counsel. (Henshaw, R)
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Filing
106
ORDER signed by Magistrate Judge Dennis M. Cota on 2/12/20 DENYING 100 Motion to suppress. (Plummer, M)
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Filing
92
ORDER signed by Magistrate Judge Dennis M. Cota on 08/13/19 DENYING 80 Motion to Appoint Counsel. Plaintiff shall file a status report consistent with the court's 6/14/19 order within 30 days of the date of this order; and defendants' status report shall be filed within 30 days after service of plaintiff's status report. (Plummer, M)
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Filing
83
ORDER signed by Magistrate Judge Dennis M. Cota on 06/14/19 ORDERING plaintiff's status report shall be filed and served within 30 days from the date of service of this order. Defendants' status report shall be filed within 30 days after service of plaintiff's status report. The clerk of the court is directed to mail to all parties the form "Consent to Proceed Before United States Magistrate Judge," together with the instant order. (Plummer, M)
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Filing
82
ORDER signed by District Judge John A. Mendez on 6/10/19 ADOPTING the findings and recommendations filed 2/4/19, in full; GRANTING Defendants' motion for summary judgment (Doc. 63 ) as to plaintiff's Eighth Amendment safety and me dical care claims against defendants Lynch and Luis; DENYING Defendants' motion for summary judgment (Doc. 63 ) as to plaintiff's Eighth Amendment excessive force claims against defendants Agboli, Yaroch, Lynch, Vallar, Bulawin, and Dayson; and DENYING the Defendants' motion requiring plaintiff to post security (Doc. 67 ). (Becknal, R)
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Filing
76
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 02/04/19 RECOMMENDING that defendants' motion for summary judgment 63 be granted as to plaintiff's Eighth Amendment safety and medical care claims againts defendant s Lynch and Luis. Defendants' motion for summary judgment 63 be denied as to plaintiff's Eighth Amendment excessive force claims against defendants Agboli, Yaroch, Lynch, Vallar, Bulawin and Dayson. Defendants motion requiring plaintiff to post security 67 be denied. Motions 63 , 67 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
62
ORDER signed by District Judge John A. Mendez on 11/9/2018 ADOPTING 57 findings and recommendations in full. Plaintiff's 47 Motion for Summary Judgment is DENIED. The matter is REFERRED back to the assigned Magistrate Judge for further proceedings. (Zignago, K.)
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Filing
58
ORDER signed by Magistrate Judge Craig M. Kellison on 8/20/2018 DENYING plaintiff's 51 motion to compel. (Yin, K)
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Filing
56
ORDER signed by Magistrate Judge Craig M. Kellison on 08/16/18 DENYING 46 Motion to Appoint Counsel. (Plummer, M)
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Filing
55
ORDER signed by Magistrate Judge Craig M. Kellison on 8/13/2018 ORDERING Clerk of Court to randomly assign a District Judge and update the docket to reflect the new case number. Assigned to District Judge John A. Mendez. The new case number is: 2:14-cv-2776 JAM CMK (PC). (Henshaw, R)
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Filing
48
ORDER signed by Magistrate Judge Craig M. Kellison on 5/22/2018 DENYING plaintiff's 37 motion for appointment of counsel. (Yin, K)
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Filing
43
ORDER signed by Magistrate Judge Craig M. Kellison on 4/26/2018 ORDERING defendant Lynch to pay the U.S. Marshal $235.40 within 14 days from the date of this order, unless within that time defendant files a written statement showing good cause for his failure to waive service. (Henshaw, R)
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Filing
39
ORDER signed by Magistrate Judge Craig M. Kellison on 3/29/2018 GRANTING 29 and 32 Defendants Agboli, Dayson, Bulawin, Yaroch, Luis, and Vallar Motions to Set Aside Default; SETTING ASIDE 19 Clerk's Entry of Default; GRANTING 28 Defendan t Lynch's Motion for Extension of Time; and DENYING as MOOT 20 Motion for Default Judgment, 22 Motion to Enforce Payment, and 24 Motion for Entry of Default. Defendants have 30 days from the date of this order to file a response to the complaint. (Henshaw, R)
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Filing
8
ORDER signed by Magistrate Judge Craig M. Kellison on 10/31/16 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Also, DIRECTING MONTHLY PAYMENTS be made from Prison Account of Durrell Anthony Puckett. 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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Filing
7
ORDER signed by Magistrate Judge Craig M. Kellison on 9/30/16 ORDERING that the court will disregard plaintiff's prematurely filed 4 Motion for Summary Judgment. Plaintiff may re-file his motion for summary judgment at the appropriate time. (Dillon, M)
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