Harrell v. Walmart et al
Plaintiff: Joshua Neil Harrell
Defendant: Walmart, Fairfield Police Department, Solano County District Attorney's Office, Daniel Johns, Michelle Belyea and Jose Virgen
Case Number: 2:2015cv00576
Filed: March 13, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
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 26, 2019 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Allison Claire on 8/23/19 DENYING 125 , 127 Motions for Extension of time as moot. DENYING 135 Motion for subpoenas duce tecum for lack of jurisdiction. (Mena-Sanchez, L)
February 13, 2019 Opinion or Order Filing 120 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/13/19 DENYING 111 112 Motions to Strike and RECOMMENDING that the 101 Motion for Summary Judgment be granted and the case closed. Referred to District Judge John A. Mendez; Objections to these F&Rs due within 21 days. (Benson, A.)
January 14, 2019 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Allison Claire on 01/14/19 GRANTING IN PART and DENYING IN PART 108 Motion for Extension of Time; plaintiff shall file his response to defendant's 101 motion for summary judgment by 02/17/19. (Benson, A.)
December 20, 2018 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Allison Claire on 12/19/2018 ORDERING the clerk of court to re-serve 100 Order and 101 Motion for Summary Judgment. Plaintiff will have 30 days from the date of this order to respond to 101 Motion for Summary Judgment. If plaintiff fails to respond, the court will construe the lack of response as non-opposition and deem the matter submitted on the papers. (Huang, H)
November 6, 2018 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Allison Claire on 11/6/18 DENYING 99 Motion to Protect Due Process and 66 Motion to Compel; DENYING as MOOT 93 Motion for Extension and 86 Motion to Strike; and VACATING 76 Motion for Summary Judgment without prejudice to re-filing and service together with a Rand notice. (Coll, A)
August 29, 2018 Opinion or Order Filing 92 ORDER signed by District Judge John A. Mendez on 8/29/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/1/18 67 are ADOPTED in full; and Plaintiff's leave to amend 56 is DENIED. (Mena-Sanchez, L)
May 1, 2018 Opinion or Order Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/1/18, RECOMMENDING that plaintiff's motion for leave to amend 56 should be DENIED. Matter referred to District Judge John A. Mendez. Within 21 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)
February 12, 2018 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Allison Claire on 2/9/2018 DENYING 54 Motion for Reconsideration. (Hunt, G) Modified on 2/12/2018 (Hunt, G).
January 10, 2018 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Alli son Claire on 1/9/18, ORDERING the Clerk to serve upon plaintiff a copy of the scheduling order 45 , as well as a copy of the docket. (Kastilahn, A)
January 30, 2017 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Allison Claire on 1/27/17 ORDERING that the Clerk is directed to issue forthwith, and the U.S. Marshal (USM) is directed to serve within 90 days of the date of this order, all process pursuant to Federal Rule of Civ il Procedure 4, without prepayment of costs. The Clerk shall send plaintiff all the documents required for service by the USM. Within 30 days after service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the required documents to the court. (Kastilahn, A)
June 23, 2016 Opinion or Order Filing 24 ORDER signed by District Judge John A. Mendez on 6/22/16 ordering The findings and recommendations filed April 13, 2016 (ECF No. 20), are adopted infull. All claims against defendants Figaro, Garrison and Judge Bowers, are DISMISSED without leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (fails to state a claim), (iii) (claim asserted against immune defendant). The malicious prosecution claim against Belyea is DISMISSED IN PART, without leave to amend, but only to the degree it i s based upon alleged perjury at the probable cause hearing. Plaintiff is permitted to proceed against Belyea on (a) the malicious prosecution claim, to the degree it is based upon the submission of an allegedly false police report, and (b) the false arrest claim.(Plummer, M) Modified on 6/23/2016 (Plummer, M).
April 13, 2016 Opinion or Order Filing 20 ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/12/16 ORDERING that the Clerk shall randomly assign a district judge to this action. This Case has been ASSIGNED to U.S. District Judge John A. Mendez and U.S. Mag istrate Judge Allison Claire. IT IS HEREBY RECOMMENDED that All claims against defendants Figaro, Garrison and Judge Bowers, should be DISMISSED without leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (fails to state a claim), (iii) (c laim asserted against immune defendant);re 15 Amended Prisoner Civil Rights Complaint. The malicious prosecution claim against Belyea should be DISMISSED IN PART without leave to amend, but only to the degree it is based upon alleged perjury at the "probable cause" hearing; These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez; Objections to these F&R due within twenty-one (21) days. (Mena-Sanchez, L)
May 29, 2015 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Allison Claire on 5/28/2015 GRANTING plaintiff's 13 motion for an extension of time; and plaintiff has 30 days to file an amended complaint. (Yin, K)
March 24, 2015 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Allison Claire on 3/24/15 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plai ntiff shall, within 30 days from the filing date of this order, submit a completed and signed application to proceed in forma pauperis, together with a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint.(Dillon, M)
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Plaintiff: Joshua Neil Harrell
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Defendant: Walmart
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Defendant: Fairfield Police Department
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Defendant: Solano County District Attorney's Office
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Defendant: Daniel Johns
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Defendant: Michelle Belyea
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Defendant: Jose Virgen
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