Crane v. Rodriguez et al
Plaintiff: Richard Joseph Crane
Defendant: Rodriguez, Robinette, Barton and Probst
Case Number: 2:2015cv00208
Filed: January 26, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Diego
Presiding Judge: Kendall J. Newman
Presiding Judge: Troy L. Nunley
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 17, 2020 Opinion or Order Filing 214 ORDER signed by District Judge Troy L. Nunley on 6/16/2020 DENYING 213 Motion for Reconsideration. (Mena-Sanchez, L)
April 27, 2020 Opinion or Order Filing 211 ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2020 GRANTING 210 Request for Clarification, see Order for clarification. (Henshaw, R)
April 22, 2020 Opinion or Order Filing 209 ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2020 ORDERING, following in camera review, the group defendants shall produce to plaintiff the redacted copy of Part C of Rules Violation Report FB-13-01-012 against inmate Dolihite (redacte d DEF 1066) in response to plaintiffs request for production of documents No. 15; ORDERING, following in camera review, group defendants shall allow plaintiff to review the unredacted portions of confidential memos concerning inmate Dolihite (DEF 109 7-098; 1099-102), and the confidential memos as to inmates Parker and Williams (DEF 1103-104; 1106-107), as set forth in this order, and counsel for defendants shall schedule such review within the next 60 days; ORDERING, following in camera r eview, no less than 14 days following plaintiffs review of these documents, plaintiff shall file a notice acknowledging that he has completed the review and at that time, the court will issue a revised scheduling order for this action; DENYING, follo wing in camera review, in all other respects, 191 Motion for Further Production of Documents; DENYING 28 Motion for Extension of Time; and ORDERING parties to refrain from filing dispositive motions pending further order of the court. (Henshaw, R)
March 20, 2020 Opinion or Order Filing 206 ORDER signed by Magistrate Judge Kendall J. Newman on 03/19/20 GRANTING IN PART AND DENYING IN PART 191 Motion to Compel and DENYING 191 at 4 Request for Judicial Notice. The deadline for filing pretrial motions is extended until thirty days beyond the courts ruling on the in camera review. (See order for further details.) (Plummer, M)
September 19, 2019 Opinion or Order Filing 203 ORDER signed by Magistrate Judge Kendall J. Newman on 09/18/19 GRANTING 201 Motion to modify the scheduling order. The September 24, 2019 dispositive motions deadline is extended to 30 days after the court rules on plaintiffs pending motion to compel. All pretrial motions shall be filed within such thirty day period and briefed pursuant to Local Rule 230(l). (Plummer, M)
April 18, 2019 Opinion or Order Filing 190 ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2019 DISCHARGING 158 Order to Show Cause; GRANTING 121 Request for Expenses; ASSESSING expenses in the about of $1750.00 against Plaintiff; STAYING the Order assessing expenses in t he amount of $1750.00; and ORDERING group defendants may move to life the stay and enforce the order of expenses upon a showing that plaintiff has the ability to pay $1750.00, at any time prior to termination of this action. (Henshaw, R)
October 17, 2018 Opinion or Order Filing 178 ORDER signed by District Judge Troy L. Nunley on 10/16/18 ADOPTING in full 171 FINDINGS AND RECOMMENDATIONS and DENYING Defendants' 155 motion requiring security. (Kastilahn, A)
February 20, 2018 Opinion or Order Filing 170 ORDER adopting in full 160 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 2/20/18. Defendant Weeks' 140 motion for judgment on the pleadings is DENIED. (Kastilahn, A)
October 20, 2017 Opinion or Order Filing 160 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/20/17 ORDERING plaintiffs request to take judicial notice of the OIG 2015 special review is denied; and his request to take judicial notice of his civil rights action, no. 2:11-cv-0663 KJM CKD, is GRANTED. Also, RECOMMENDING that defendant Week's motion for judgment on the pleadings 140 be denied. MOTION 140 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
October 18, 2017 Opinion or Order Filing 158 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2017 DENYING 118 Motion to Compel; DENYING 134 Request for Subpoena; ORDERING Plaintiff to show cause, within 21 days from the date of this order, why he should not be required to pay defendants' $1750.00 reasonable attorney's fees; and ORDERING Clerk of Court to strike 125 Plaintiff's reply to Defendant Weeks' response. (Henshaw, R)
July 12, 2017 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2017 GRANTING 143 Motion for Extension of Time. Plaintiff to file opposition to 140 Motion for Judgment on the Pleadings within 30 days from the date of this order. (Henshaw, R)
June 5, 2017 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/2017 ORDERING plaintiff's 132 request for an extension of time is GRANTED; plaintiff's 133 reply is deemed timely-filed; defendants' 135 request for leave to file a sur-reply is GRANTED; and defendants shall file a sur-reply within 14 days. (Yin, K)
May 9, 2017 Opinion or Order Filing 131 ORDER signed by Magistrate Judge Kendall J. Newman on 5/09/17 ordering defendants motion for summary judgment 84 is vacated without prejudice to its renewal or re-filing after the discovery disputes are resolved. Plaintiffs motions 115 , 120 , 126 , 129 are denied as moot. Plaintiffs requests for sanctions 113 , 114 , 123 , 125 , 129 are denied. (Plummer, M)
February 15, 2017 Opinion or Order Filing 104 ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/2017 ORDERING plaintiff's 102 , 103 motions for extension of time are DENIED as moot; plaintiff's 98 motion for stay is GRANTED; the 11/28/2016 discovery and scheduling ord er is VACATED; discovery on the issue of exhaustion shall close on 3/14/2017; plaintiff shall file his opposition to the motion for summary judgment on or before 4/4/2017, defendants' replies shall be filed on or before 4/18/2017; and the undersigned stays consideration of defendants' motion for summary judgment pending completion of discovery on the issue of exhaustion and briefing by the parties. (Yin, K)
January 13, 2017 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/17 ORDERING that plaintiff's motion for sanctions (ECF No. 81 ) is DENIED; Defendants' request to stay discovery (ECF No. 84 ) is GRANTED; Discovery is stayed pending resolution of defendants' motion for summary judgment; and Defendants' renewed motion to stay discovery (ECF No. 95 ) is DENIED as moot.(Dillon, M)
December 28, 2016 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/16 ORDERING that Plaintiff's motion for an extension of time (ECF No. 90 ) is GRANTED. Plaintiff is granted 45 days from the date of this order in which to file and serve his opp osition to defendants' motion for summary judgment. Defendants' reply, if any, shall be filed within 14 days thereafter. Plaintiff is also granted 45 days from the date of this order to file his reply todefendants' oppositions to plaintiff's November 23, 2016 motion for sanctions. Plaintiff's motion to strike (ECF No. 91 ) is DENIED. (Dillon, M)
December 14, 2016 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/16 ordering defendant Weeks is relieved of his obligation to respond to plaintiff's motion to strike. Plaintiff's motion to strike 87 is denied. Plaintiff's motion for an extension of time 88 is granted. Plaintiff is granted 14 days from the date of this order in which to file a reply to defendant Week's response 83 and the remaining defendants' opposition 85 . (Plummer, M)
October 11, 2016 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that the stay of this action is LIFTED, and the Clerk is directed to re-open this action. Plaintiff's motions for injunctive relief (ECF Nos. 64 , 66 , 68 ) are DENIED without prejudice. Defendants' 69 request for extension of time is GRANTED. Defendants shall file a responsive pleading on or before 10/21/2016. (Kastilahn, A)
September 12, 2016 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Kendall J. Newman on 09/12/16 ordering that plaintiff's 08/19/16 request 61 is denied. (Plummer, M)
August 17, 2016 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Kendall J. Newman on 8/17/16 ORDERING that this action remains until further order of the court. (Dillon, M)
June 10, 2016 Opinion or Order Filing 59 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering the Custodian to produce Richard Joseph Crane on 9/22/16 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. Clerk shall serve this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
May 9, 2016 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/16: Defendants' request for extension of time (ECF No. 52) is granted. This action is stayed for 90 days. (cc: Atty Monica Anderson). (Kaminski, H)
March 3, 2016 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Kendall J. Newman on 03/03/16 ordering defendants request for judicial notice 41 is granted. Defendants motion to revoke 40 is granted. Plaintiff's in forma pauperis status 6 is revoked. Plaintiff's request to defer payment 49 is granted, within 60 days from the date of this order, plaintiff shall submit the administrative fee of $50.00. Defendants shall file their responsive pleading 14 days after plaintiff submits the administrative fee. Discovery is stayed until defendants responsive pleading has been filed. (Plummer, M)
January 25, 2016 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/2016 GRANTING defendants' 44 request for an extension of time; defendants shall file a responsive pleading 14 days after disposition of the three strikes motion. Defendants' 40 request for stay is PARTIALLY GRANTED; discovery is STAYED pending resolution of the pending motion; and plaintiff's 43 motion for judicial notice is DENIED without prejudice. (Yin, K)
January 12, 2016 Opinion or Order Filing 42 ORDER ADOPTING 34 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 1/8/2016. Defendant Madrigal is DISMISSED without prejudice. (Marciel, M)
December 8, 2015 Opinion or Order Filing 38 ORDER adopting in part 26 FINDINGS AND RECOMMENDATIONS, and amending only with respect to the type of dismissal of Defendants Peck and Hurd signed by District Judge Troy L. Nunley on 12/4/15. Plaintiff's claims against Defendants Peck and Hurd are DISMISSED without prejudice. (Kastilahn, A)
November 10, 2015 Opinion or Order Filing 34 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/10/15 recommending that defendant Madrigal be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
October 29, 2015 Opinion or Order Filing 27 ORDER adopting in full 22 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/29/15. Plaintiff's 21 request for injunctive relief is DENIED. (Kastilahn, A)
October 20, 2015 Opinion or Order Filing 26 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/20/2015 ORDERING the Clerk to file plaintiff's exhibits appended to his first amended complaint (ECF No. 12 at 16-69) as an attachment to plaintiff's 16 second amended complaint. Plaintiff's claim against defendant Madrigal based on the 12/12/2009 incident is DISMISSED with leave to amend within 30 days. Plaintiff is not obliged to amend his complaint. Service is appropriate for Barton, Probst, Robinette, Rodriguez, Davey, Weeks. The Clerk shall send plaintiff forms for service, which plaintiff may complete and return within 30 days. Plaintiff shall return the Notice of Submission or Amendment with response. IT IS RECOMMENDED that plaintiff's claims against defendants Peck and Hurd be dismissed. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
September 22, 2015 Opinion or Order Filing 22 ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/22/15 ORDERING that plaintiffs request for extension of time (ECF No. 20 ) is denied without prejudice; and it is RECOMMENDED that plaintiffs request for injunctive relief (ECF No. 21 ) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 30 days.(Dillon, M)
August 13, 2015 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kendall J. Newman on 08/13/15 ordering plaintiff's motion 15 is denied as moot. (Plummer, M)
July 1, 2015 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/15 GRANTING 13 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to file a second amended complaint.(Dillon, M)
March 13, 2015 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 3/13/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Richard Joseph Crane and forward payment to the court until the ba lance 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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Plaintiff: Richard Joseph Crane
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Defendant: Rodriguez
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Defendant: Robinette
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Defendant: Barton
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Defendant: Probst
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