Baker v. Macomber et al

Plaintiff: Timothy Ray Baker
Defendant: J. Macomber, J. McCowan, C. Andes, Snipes, M. Dulaney, B. Cross and Vasquez
Case Number: 2:2015cv00248
Filed: January 29, 2015
Court: California Eastern District Court
Office: Sacramento Office
County: Sacramento
Referring Judge: Allison Claire
Presiding Judge: Garland E. Burrell
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
August 8, 2018 100 Opinion or Order of the Court 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)
June 27, 2018 97 Opinion or Order of the Court 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)
May 2, 2018 93 Opinion or Order of the Court 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).
April 16, 2018 92 Opinion or Order of the Court 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).
April 9, 2018 90 Opinion or Order of the Court 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).
April 4, 2018 89 Opinion or Order of the Court 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)
March 30, 2018 88 Opinion or Order of the Court 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)
February 28, 2018 85 Opinion or Order of the Court 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).
December 20, 2017 83 Opinion or Order of the Court 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)
July 5, 2017 68 Opinion or Order of the Court 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)
June 14, 2017 64 Opinion or Order of the Court 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).
April 27, 2017 60 Opinion or Order of the Court 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)
September 12, 2016 49 Opinion or Order of the Court 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)
June 17, 2016 42 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 6/16/16 DENYING 37 Motion to Compel. (Dillon, M)
June 16, 2016 40 Opinion or Order of the Court 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)
May 3, 2016 34 Opinion or Order of the Court 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)
February 12, 2016 26 Opinion or Order of the Court 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)
January 15, 2016 24 Opinion or Order of the Court 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)
October 13, 2015 18 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 10/09/15 denying 13 Motion to Appoint Counsel. (Plummer, M)
September 18, 2015 11 Opinion or Order of the Court 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)
February 5, 2015 4 Opinion or Order of the Court 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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Search for this case: Baker v. Macomber et al
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Plaintiff: Timothy Ray Baker
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Defendant: J. Macomber
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Defendant: J. McCowan
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Defendant: C. Andes
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Defendant: Snipes
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Defendant: M. Dulaney
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Defendant: B. Cross
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Defendant: Vasquez
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