Baker v. Macomber et al
| Timothy Ray Baker |
| J. Macomber, J. McCowan, C. Andes, Snipes, M. Dulaney, B. Cross and Vasquez |
| 2:2015cv00248 |
| January 29, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Garland E. Burrell |
| 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
182
ORDER signed by Magistrate Judge Allison Claire on 03/07/2023 DENYING the 181 Request for Reimbursement of Settlement Funds. (Spichka, K.)
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Filing
177
ORDER signed by Magistrate Judge Allison Claire on 12/06/21 DENYING 176 Motion for a settlement conference. (Plummer, M)
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Filing
174
ORDER signed by Magistrate Judge Allison Claire on 07/30/2021 DENYING 173 Motion for Reconsideration. (Rodriguez, E)
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Filing
172
ORDER signed by Magistrate Judge Allison Claire on 07/19/2021 DENYING 169 MOTION for Settlement Conference. (Rodriguez, E)
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Filing
166
ORDER signed by Magistrate Judge Allison Claire on 6/17/2021 DENYING plaintiff's 164 motion for service of subpoenas. (Yin, K)
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Filing
161
ORDERsigned by District Judge Troy L. Nunley on 6/16/2020 GRANTING 159 Motion for Writ of Habeas Corpus ad Testificandum; DENYING 160 Motion for a Court-Appointed Neutral Medical Expert Witness. (Mena-Sanchez, L)
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Filing
158
ORDER signed by District Judge Troy L. Nunley on 3/16/2020 DENYING plaintiff's requests for a Court-appointed neutral medical expert witness without prejudice. (Coll, A)
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Filing
156
ORDER signed by District Judge Troy L. Nunley on 3/10/20 DENYING 149 , 151 Plaintiff's Motions to Appoint Counsel. (Kastilahn, A)
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Filing
154
ORDER signed by Magistrate Judge Allison Claire on 03/10/20 ORDERING on or before Friday, March 27, 2020, plaintiff shall submit to the court all informationnecessary to obtain the trial attendance of his non-expert witnesses. Due to the imminent tr ial date, no extensions of time will be granted absent a showingof compelling need and demonstration that a brief extension of time will lead to the expected result. The Clerk of Court is directed to send plaintiff, together with a copy of this order, copies of: (a) the Discovery and Scheduling Order 21 ; (b) the Amended Pretrial Order 134 ; and (c) two blank subpoena forms.(Plummer, M)
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Filing
153
AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 3/4/2020 ORDERING the custodian to produce Timothy Ray Baker #K-62174, to testify in USDC at 9:00 a.m. on 4/27/2020 in courtroom 2, before J udge Troy L. Nunley; 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; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: OTCD-SAC) (Yin, K)
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Filing
152
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Allison Claire on 2/27/2020 ORDERING the custodian to produce Timothy Ray Baker #K-62174, to testify in USDC at 9:00 a.m. on 4/27/2020 in courtroom 2, before Judge Troy L. Nunley ; 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; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: OTCD-SAC) (Yin, K)
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Filing
145
ORDER signed by Magistrate Judge Allison Claire on 8/27/2019 DENYING without prejudice 139 Motion to Appoint Counsel. (Henshaw, R)
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Filing
138
ORDER signed by Magistrate Judge Allison Claire on 7/08/19 OVERRULING 137 plaintiff's objections to the Amended Pretrial Order. (Plummer, M)
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Filing
136
ORDER signed by Magistrate Judge Allison Claire on 06/14/19 GRANTING 135 plaintiff's motion. The clerk of court is directed to send plaintiff, within 10 days after the filing date of this order, the original documents set forth at ECF 127 ; if the original documents are no longer available, the Clerk of Court shall make a copy of the electronic filing and send that copy to plaintiff. (Plummer, M)
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Filing
131
ORDER signed by Magistrate Judge Allison Claire on 05/20/19 ORDERING The Clerk of Court is hereby directed to send plaintiff a copy of this courts Discovery and Scheduling Order filed January 4, 2016 21 . As explained in the PretrialOrder filed today, plaintiff shall file and serve any motion for the courts assistance in obtaining the attendance of a witness at trial at least 2 months prior to trial.(Plummer, M)
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Filing
125
ORDER signed by Magistrate Judge Allison Claire on 4/19/19 ORDERING that counsel for defendant shall file and serve a response within 14 days after the filing date of this order, indicating whether defendant agrees that another settlement conference should be scheduled. (Plummer, M)
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Filing
120
ORDER signed by Magistrate Judge Allison Claire on 3/27/2019 GRANTING plaintiff's 119 motion. David Bonilla shall, within 7 days after the filing of this order: (a) send to plaintiff, by the most efficient means possible, all of the records in Bonilla's possession that were provided by plaintiff or that otherwise apply to this action; and (b) file and serve a declaration under penalty of perjury that affirms the fact, content and method of Bonilla's compliance with this order. The deadline for plaintiff to file and serve his pretrial statement is EXTENDED to 4/12/2019. The Clerk shall serve a copy of this order on David W. Bonilla. (Yin, K)
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Filing
118
ORDER signed by Magistrate Judge Allison Claire on 3/12/2019 ORDERING Plaintiff to file and serve his separate pretrial statement on or before 4/1/2019, no extension of time will be permitted, and DENYING without prejudice 117 Motion to Appoint Counsel. (Henshaw, R)
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Filing
115
ORDER signed by Magistrate Judge Allison Claire on 2/22/2019 DENYING without prejudice 114 Request for Appointment of Counsel. (Henshaw, R)
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Filing
113
ORDER signed by Magistrate Judge Allison Claire on 1/31/2019 GRANTING 110 and 111 Motions to Withdraw as Attorney, effective immediately, Mr. Bonillas appointment is limited to cooperation in the preparation of the Joint Pretrial Statement and w ill terminate upon filing of the Pretrial Statement; EXTENDING the deadline for the parties' Joint Pretrial Statement to 3/1/2019; VACATING the Final Pretrial Conference previously schedule for 3/21/2019, all matters to be decided on the papers; and CONFIRMING the trial in this action remains scheduled to commence on 5/20/2019 at 9:00 a.m. (Henshaw, R)
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Filing
109
ORDER signed by Magistrate Judge Allison Claire on 12/11/18 GRANTING 106 Motion for Extension; GRANTING the parties until 2/19/19 to file their Joint Pretrial Statement; VACATING 108 Order; and DIRECTING plaintiff's counsel to serve plaintiff with copies of this order and 106 Motion for Extension. (Coll, A)
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Filing
108
ORDER signed by Magistrate Judge Allison Claire on 12/10/18 GRANTING 107 Request for Extended Time. The parties are GRANTED until 2/19/19 to file their Joint Pretrial Statement. (Coll, A)
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Filing
105
ORDER signed by Magistrate Judge Allison Claire on 10/19/18 ORDERING ( Final Pretrial Conference set for 3/21/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley., Jury Trial set for 5/20/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.) On or before December 21, 2018, the parties shall file a joint pretrial statement that fully addresses each of the matters set forth in Local Rule 281(b); no exhibits shall be submitted at this time.(Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Allison Claire on 9/11/2018 DIRECTING Clerk of Court to open a new case and file 101 Plaintiff's most recent filing and a copy of this order in the new case. Plaintiff to file a civil rights complaint within 30 days after the filing date of this order. (Henshaw, R)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 08/07/18 ORDERING David W. Bonilla is appointed as counsel in the above-entitled matter. Within 60 days after the filing date of this order, the parties shall file a joint statement that provides t he estimated length of trial, and identifies all "black out" dates through 10/04/19, when either party or their counsel are unavailable for trial. After the dates for trial have been scheduled before Judge Nunley, the court will direct the filing of a joint pretrial statement that addresses the matters set forth in Local Rule 281(b). (Plummer, M)
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Filing
97
ORDER signed by Magistrate Judge Allison Claire on 6/26/2018 ORDERING that within 30 days, the parties shall file separate pretrial statements that provide the information stated in this order; The limited appointment of Ms. Rebecca Weinstein-Hamilton to represent plaintiff is hereby TERMINATED. (Fabillaran, J)
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Filing
93
ORDER signed by Magistrate Judge Allison Claire on 05/01/18 ORDERING the SATF Warden, Litigation Coordinator, and other correctional staff, as needed, shall facilitate a confidential telephone call between Timothy Baker and his attorney. The confide ntial telephone call shall be placed on Wednesday, May 9, 2018, to begin at 9:00 a.m. and shall continue, without interruption, for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall initiate the phone call by calling Ms. Weinstein-Hamilton at (916) 220-3407. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others. Correctional staff, however, may k eep inmate Baker under visual surveillance during the conversation. The Clerk of the Court is directed to serve this order by facsimile (559) 992-7191 and email on the Warden and Litigation Coordinator at SATF. (Copy served on Litigation Coordinator by fax at 559-992-7191. A copy of this order served by email on the Litigation Coordinator and Warden)(Plummer, M) Modified on 5/2/2018 (Plummer, M).
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Filing
92
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 4/13/18 ORDERING the Custodian to produce Timothy Ray Baker on 6/25/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Cust odian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: CKD and OTCD)(3 certified copies of writ served on the Warden, CSATF) (Plummer, M) Modified on 4/16/2018 (Plummer, M).
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Filing
90
ORDER signed by Magistrate Judge Allison Claire on 04/09/18 ORDERING Rebecca A. Weinstein-Hamilton is appointed as limited-purpose counsel in the above entitledmatter. This appointment is for the limited purpose of assisting plaintiff with preparing for and participating in a settlement conference. Rebecca A. Weinstein-Hamiltons appointment will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. In addition, this matter is again referred to Sujean Park, the courts Dispute Resolution Coordinator, to schedule a mandatory settlement conference at the convenience of all parties and the court. (cc: ADR Director)(Plummer, M) Modified on 4/9/2018 (Plummer, M).
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Filing
89
ORDER signed by Magistrate Judge Allison Claire on 04/03/18 GRANTING IN PART 86 Motion to Appoint Counsel. Counsel is appointed for the limited purpose of representing plaintiff at a mandatory settlement conference. The clerk of court is directed to contact Ms. Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR Director) (Plummer, M)
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Filing
88
ORDER signed by District Judge Troy L. Nunley on 3/29/2018 ADOPTING 85 Findings and Recommendations in Full. This action shall proceed on Plaintiff's remaining claims against Defendant McGowan. (Fabillaran, J)
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Filing
85
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/27/18 recommending that summary judgment be entered for defendant on plaintiffs claim that defendant was deliberately indifferent to plaintiffs serious medical needs by caus ing plaintiff to miss his August10, 2012 insulin injection. Summary judgment be denied to both plaintiff and defendant on plaintiffs remaining claims. This action proceed on plaintiffs remaining claims against defendant McCowan for:(1) the use of exc essive force, and (2) deliberate indifference to plaintiffs serious medical needs premised on defendants failure to abide by plaintiffs medical chrono for frontal waist restraints. Motions 54 and 71 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M) Modified on 2/28/2018 (Plummer, M).
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Filing
83
ORDER signed by Magistrate Judge Allison Claire on 12/20/17 GRANTING 76 , 81 Motions to submit additional evidence and briefing. The court will consider these matters as well as plaintiff's filings at ECF 73 and 79 ; however, plaintiff i s directed to submit no additional briefing or evidence in this case, at the risk of sanctions. Defendant's motions to strike plaintiff's additional evidence and briefing 80 and 82 are DENIED. Defendant may within 21 days after the filing date of this order, file and serve a statement addressing plaintiff's additional evidence and briefing; the court will not consider any further filings from plaintiff. (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 6/30/2017 ORDERING 62 Request for Court's Assistance, previously granted, is no longer required; the matter is now deemed moot. Plaintiff's opposition to 54 motion for summary judgment is due by 7/24/2017. (Henshaw, R)
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Filing
64
ORDER signed by Magistrate Judge Allison Claire on 06/13/17 ordering plaintiffs motion for appointment of counsel, 63 , is denied without prejudice. Plaintiffs motion for the courts assistance in locating his legal property, 62 ,is granted: A. Wit hin twenty-one (21) days after the filing date of this order, Mr.Derrek J. Lee, the Deputy Attorney General representing defendant in this action, shall file and serve a statement that reflects the following: 1. Mr. Lees inquiry to the CSP-SAC Litig ation Coordinator (and any other appropriate CDCR official) concerning the location of plaintiffs legal materials relevant to the instant action; and 2. If plaintiff is not in possession of all relevant legal materials, identify the missing materials , their location(s), and the date(s) when the materials will be delivered to plaintiff. B. If plaintiff is not in possession of all relevant legal materials within the twenty-one (21) day period provided herein, Mr. Lee shall file and serve a stateme nt informing the court when such materials are delivered to plaintiff; if necessary, Mr. Lee shall file and serve status reports every fourteen (14) days until such materials are delivered to plaintiff. C. If, after a diligent search, plaintiffs rel evant legal materials cannot be located, Mr. Lee shall promptly inform the court. Plaintiffs motion for extended time, 61 , is granted; plaintiff shall file and serve his opposition to defendants motion for summary judgment within forty-five (45) d ays after he obtains his relevant legal materials, as identified by Mr. Lee in a statement so informing the court. Defendants reply, if any, shall be filed within seven days after plaintiffs opposition is docketed. See Local Rule 230(l). (Plummer, M) Modified on 6/14/2017 (Plummer, M).
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Filing
60
ORDER signed by Magistrate Judge Allison Claire on 4/26/2017 GRANTING IN PART 50 Motion to Compel discovery and DENYING 58 Motion for leave to file a motion for sanctions. Defendant to serve plaintiff with supplemental responses to Interrogatory Nos. 2, 7, and 8 within 14 days after the filing date of this order. Plaintiff's opposition to 54 motion for summary judgment due 30 days after service of the supplemental discovery responses here ordered. (Henshaw, R)
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Filing
49
ORDER signed by Magistrate Judge Allison Claire on 9/9/2016 ORDERING defendant's 46 motion for summary judgment is DENIED without prejudice to the filing of another motion for summary judgment between March 1 and March 31, 2017. Plaintiff's 48 motion for extended time to respond to defendant's motion for summary judgment is DENIED as moot. Discovery shall proceed in this action as set forth in the court's order filed 7/12/2016 45 . (Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Allison Claire on 6/16/16 DENYING 37 Motion to Compel. (Dillon, M)
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Filing
40
ORDER signed by District Judge Garland E. Burrell, Jr on 6/15/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/3/16 33 are ADOPTED in full, with the exception that the Court now finds that Defendant complied with the safe harbor/mandatory notice procedures set forth in Rule 11, FRCP. Defendant's Motion for terminating sactions 29 is DENIED. And this case is referred back to the assigned Magistrate Judge for all further pretrial proceedings.(Mena-Sanchez, L)
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34
ORDER signed by Magistrate Judge Allison Claire on 5/3/116 DENYING 27 and 32 Motions to Appoint Counsel and related request for appointment of a neutral medical expert, are denied without prejudice.(Dillon, M)
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Filing
26
ORDER signed by District Judge Garland E. Burrell, Jr on 2/11/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/15/16 24 are ADOPTED in full; and Plaintiff's MOTION for Preliminary Injuctive Relief 23 is DENIED.(Mena-Sanchez, L)
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Filing
24
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/14/16 ORDERING plaintiff's request for appointment of counsel 23 is denied without prejudice. Also, RECOMMENDING that plaintiff's motion for preliminary injunctive relief 23 be denied. MOTION for PRELIMINARY INJUNCTIVE RELIEF [ 23] referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
18
ORDER signed by Magistrate Judge Allison Claire on 10/09/15 denying 13 Motion to Appoint Counsel. (Plummer, M)
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Filing
11
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Timothy Ray Baker signed by Magistrate Judge Allison Claire on 09/18/15. 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
4
ORDER signed by Magistrate Judge Allison Claire on 02/04/15 ordering plaintiff shall within 30 days after the filing date of this order, submit the following: A completed affidavit in support of his request to proceed in forma pauperis on the form pr ovided by the clerk of court; and a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
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