Owens v. Clark et al
Plaintiff: Derrick Owens
Defendant: Jackie Clark, Michele Ditomas, Francis Ko, Zink and W. Harris
Case Number: 2:2015cv00982
Filed: May 6, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kendall J. Newman
Presiding Judge: Troy L. Nunley
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 5, 2019 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/2019 ORDERING Plaintiff's 5/21/2019 letter to Magistrate Judge Kendall J. Newman is premature and disregarded. (Henshaw, R)
November 27, 2018 Opinion or Order Filing 84 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 11/27/18 ORDERING the Custodian to produce Derrick Owens on 1/14/19 at 1:30 p.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 a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
October 11, 2018 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/18 GRANTING 79 Motion for settlement conference. Within 21 days from the date of this order, both parties shall complete and file the appended notice form. Further scheduling of this action is stayed pending completion of the settlement conference. (Coll, A)
September 28, 2018 Opinion or Order Filing 78 ORDER signed by District Judge Troy L. Nunley on 9/27/18 ADOPTING in full 76 FINDINGS AND RECOMMENDATIONS and GRANTING in PART and DENYING in part 67 Motion for Summary Judgment. Defendants Zink, DiTomas, Clark, and Harris are GRANTED summary judgment. This action is REMANDED to the assigned magistrate judge for further scheduling. (Kastilahn, A)
August 27, 2018 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/27/2018 RECOMMENDING defendants' 67 motion for summary judgment be granted in part an denied in part as follows: (1) Dr. Ko's motion for summary judgment be denied on plaintiff's claim that the prescription of alternative pain medication was delayed once the morphine washed out of his system or plaintiff informed Dr. Ko of plaintiff's need for alternative medications; (2) Dr. Ko's motion for summary judgment be granted on all other grounds; (3) The remaining defendants' motion for summary judgment be granted; and (4) This action be remanded to the undersigned for further scheduling. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
December 20, 2017 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Kendall J. Newman on 12/20/17 DENYING 60 Motion for appointment of an expert and DENYING 65 Motion for a physical examination. (Plummer, M)
July 13, 2017 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 GRANTING 52 Motion for Extension of Time. Discovery deadline is extended to 9/15/2017. Pretrial Motions deadline is extended to 12/15/2017. In all other respects, the 2/1/2017 discovery and scheduling order remains in intact. (Henshaw, R)
June 16, 2017 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Kendall J. Newman on 06/15/17 ordering plaintiff's motion to compel 48 is denied. Plaintiff's request for the appointment of an expert medical witness 50 is denied without prejudice. Plaintiff's motion to submit medical documents 51 is denied. (Plummer, M)
June 14, 2017 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Kendall J. Newman on 06/14/17 denying 47 plaintiff's request for a competency hearing and appointment of a guardian ad litem. Plaintiff's request for appointment of counsel 47 is denied. (Plummer, M)
December 23, 2016 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/2016 ORDERING that the action is STAYED for 120 days to allow the parties an opportunity to settle their dispute before the discovery process begins; within 30 days from the date of this order, the parties shall file the attached notice, informing the court whether they waive disqualification for the undersigned to hold the settlement conference, or whether they choose to have the settlement conference held by a different judge; wi thin 30 days from the date of this order, the assigned Deputy Attorney General shall contact Matt Caspar, Courtroom Deputy, at (916) 930-4187, to schedule the settlement conference; at least 7 days prior to the settlement conference, each party sha ll submit a confidential settlement conference statement, as described above, to the judge assigned for settlement; and the Clerk of the Court shall serve copies of (a) plaintiff's amended complaint (ECF No. 24), (b) the screening order (ECF No. 28), and (c) the instant order, on Supervising Deputy Attorney General Monica Anderson. (Jackson, T)
September 28, 2015 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/15 ORDERING that Plaintiff is granted leave to file an amended complaint. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit the following documents to the court: The completed Notice of Amendment; and an original and one copy of the amended complaint. Clerk of the Court is directed to send plaintiff the forms necessary to file a prisoner civil rights complaint.(Dillon, M)
August 4, 2015 Opinion or Order Filing 14 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 8/3/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Derrick Owens and forward payment to the court until the balance is p aid 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)
August 3, 2015 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 8/3/15 ORDERING that Plaintiffs request for leave to proceed in forma pauperis (ECF No. 9 ) is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Pla intiff's motion for the appointment of counsel (ECF No. 3) is denied without prejudice. Plaintiffs motion for leave to file an amended complaint (ECF No. 11 ) is granted. Within may file an amended complaint within thirty days from the date of this order. Clerk of the Court is directed to send plaintiff the forms necessary to file a prisoner civil rights complaint.(Dillon, M)
May 12, 2015 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Kendall J. Newman on 5/12/2015. Plaintiff shall submit, within 30 days from date of Order, a certified copy of his prison trust account statement for 6-month period immediately preceding filing of Complaint. (Marciel, M)
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Plaintiff: Derrick Owens
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Defendant: Jackie Clark
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Defendant: Michele Ditomas
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Defendant: Francis Ko
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Defendant: Zink
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Defendant: W. Harris
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