Johnson v. Beard
| Paul David Johnson |
| J. A. Beard, D. L. Runnels, G. Swarthout, J. Price, J. Stanley, V. Millard, L. B. Brown, Jr., J. W. Rohlfing, A. J. Filice, F. Kreitler, Kraft, N. Acquva, Mahmoud, B. Naku, Y. P. Chen, A. Traquina, Collinsworth, H. Win, M. Kim and W. Zheng |
| 2:2015cv01313 |
| June 19, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Troy L. Nunley |
| 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
234
ORDER signed by District Judge Daniel J. Calabretta on 3/29/2024 ADOPTING IN FULL 233 Findings and Recommendations; DENYING 229 , 230 Motions for Default Judgment; and DISMISSING this action. CASE CLOSED. (Michel, G.)
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Filing
233
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/29/23 RECOMMENDING that the 229 230 Motions for Default Judgment be denied and this action be dismissed. Referred to Judge Daniel J. Calabretta; Objections to F&Rs due within 14 days. (Benson, A.)
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Filing
226
ORDER signed by Magistrate Judge Kendall J. Newman on 06/29/2023 DENYING the 225 Motion for Jury Trial, DENYING the 225 Motion to Appoint Counsel and DIRECTING Plaintiff to file a motion for default judgment against Dr. Binoye Naku consistent with the order within 60 days. (Spichka, K.)
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Filing
218
ORDER signed by District Judge Troy L. Nunley on 02/07/2023 ADOPTING the 214 Findings and Recommendations in full, GRANTING the 207 Motion to Dismiss and DISMISSING Plaintiff's claims against Dr. Collinsworth with prejudice. (Spichka, K.)
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Filing
215
ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/2022 DENYING the 201 Motion for Sanctions. (Spichka, K.)
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Filing
206
ORDER signed by District Judge Troy L. Nunley on 7/18/2022 PARTIALLY GRANTING 184 Motion; VACATING 180 Order; DENYING 182 Motion to Dismiss without prejudice; DENYING 168 Motion to Appoint Counsel; ADOPTING 159 Findings and Recommendation s in full; DENYING 144 Motion for Default Judgment with prejudice as to Defendant K. Collinsworth and without prejudice as to Defendant Binoye Naku; GRANTING 140 Motion to Set Aside Clerk's Default; SETTING ASIDE 137 Clerk's Default; and DIRECTING Defendant Collinsworth to file aresponse to 54 Third Amended Complaint within 7 days. (Coll, A)
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Filing
185
ORDER signed by District Judge Troy L. Nunley on 2/16/22 ADOPTING 179 Findings and Recommendations and GRANTING 148 Motion to Dismiss. Plaintiff's claims against Dr. Mahmoud are dismissed without leave to amend. (Kaminski, H)
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Filing
180
ORDER signed by District Judge Troy L. Nunley on 1/24/22 ADOPTING in full 159 Findings and Recommendations. Plaintiff's 144 motion for default judgment is DENIED with prejudice as to defendant K. Collinsworth, and without prejudice as to defendant Binoye Naku. Defendant Collinsworth's 140 motion to set aside clerk's default is GRANTED. The Clerk is directed to SET ASIDE 137 the clerk's default. Within seven days from the date of this order, defendant Collinsworth shall file a response to 54 the third amended complaint. (Kastilahn, A)
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Filing
179
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/11/22 RECOMMENDING that defendant Dr. Mahmoud's motion to dismiss 148 be granted; and plaintiff's claims against Dr. Mahmoud are dismissed without leave to amend. Motion 148 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
176
ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 DENYING 174 Request for Entry of Default and GRANTING Plaintiff one final 30 day period in which to file an opposition, if any, to the defendant Mahmoud's motion to dismiss. (Henshaw, R)
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Filing
169
ORDER signed by District Judge Troy L. Nunley on 10/19/2021 DENYING 165 Motion to Appoint Counsel without prejudice, VACATING 166 Order, and GRANTING 165 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file objections to 159 Order and Findings and Recommendations. (Huang, H)
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Filing
166
ORDER signed by District Judge Troy L. Nunley on 10/7/2021 ADOPTING 159 Findings and Recommendations in full; DENYING 144 Motion for Default Judgment with prejudice as to Defendant K. Collinsworth and without prejudice as to Defendant Binoye Naku; GRANTING 140 Motion to Set Aside Clerk's Default; DIRECTING the clerk to Set Aside 137 Clerk's Entry of Default; and DIRECTING Collinsworth to file a responsive pleading within 7 days. (Coll, A)
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Filing
159
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/09/21 DENYING 155 motion for hearing. Also, RECOMMENDING that plaintiff's motion for default judgment 144 be denied with prejudice as to defendant Col linsworth and without prejudice as to defendant Naku. Defendant Collinsworth's motion to set aside the clerk's default 140 be granted. The clerk of the court be directed to set aside the clerk's default, entered on 4/27/21 137 . Motions 140 and 144 referred to Judge Troy L. Nunley. Objections due within 21 days.(Plummer, M)
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Filing
156
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/21 GRANTING 154 Motion to Strike. The Clerk of the Court is directed to strike plaintiffs filing 152 . Within thirty days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Plummer, M)
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Filing
136
ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/2021; GRANTING 124 Motion; ORDERING Clerk to change the name of defendant E. Naku to Binoye Naku; DISMISSING 126 and 130 Motions with prejudice; DENYING 134 Request for Entry of Def ault as to defendant Chen; DENYING without prejudice 132 Request for Entry of Default as to defendant Mahmoud; GRANTING 135 Request for Entry of Default as to defendant K. Collinsworth; ORDERING Clerk to enter clerk's default as to defendant K. Collinsworth and serve a copy of such default on defendant Collinsworth; GRANTING 133 Request for Entry of Default; ORDERING Clerk to enter clerk's default as to defendant Binoye Naku and serve a copy of such default on defendant Naku; DENYING Plaintiff's motions for default judgment without prejudice; GRANTING 117 and 131 Motions; and ORDERING Clerk to serve copies of the filings by defendants Collinsworth and Naku 94 and 98 on Plaintiff. (Henshaw, R)
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Filing
114
ORDER signed by Magistrate Judge Kendall J. Newman on 02/02/21 STRIKING 112 , 113 proposed amended complaints; DENYING 112 , 113 Motions for appointment of counsel. The Clerk of the Court is directed to return the original paper copies of the plaintiffs proposed amended complaints 112 , 113 to plaintiff at his address of record. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/21 DISCHARGING 82 , 87 the orders to show cause. The filings by Dr. Naku and Dr. Collinsworth 94 and 98 constitute their appearances on the record; such appearances preclude clerks ent ry of default. Defendants Dr. Naku and Dr. Collinsworth are granted thirty days in which to file an answer or other responsive pleading. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General)(Plummer, M)
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Filing
106
ORDER signed by District Judge Troy L. Nunley on 1/5/2021 GRANTING IN PART AND DENYING IN PART 96 , 99 Motion for Reconsideration as follows: The Court GRANTS reconsideration of 76 Order with respect to the granting of 69 Motion to Dismiss. U pon reconsideration, the Court reverses the dismissal on the basis that Plaintiff's claims against Chen were barred by the statute of limitations and the law of the case. However, the Court affirms the dismissal of Plaintiff's claims against Chen without leave to amend on the basis that Plaintiff fails to state a claim for deliberate indifference. The Court DENIES 96 , 99 Motion for Reconsideration with respect to the denial of his Motion for Appointment of Counsel. (Huang, H)
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Filing
101
ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/20 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 forms, along with an instruction sheet. Within 60 days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with one completed USM-285 form for defendant Mahmoud.(Plummer, M)
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/20 GRANTING 86 plaintiff's request as set forth above. (Plummer, M)
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Filing
82
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 08/07/20 ORDERING defendant Collinsworth show cause, within 30 days from the date of this order, why default should not be entered. The Clerk of the Court shall forward a copy of th is order to defendant Ken Collinsworth, M.D., at the address listed in the CDCR Notice of E-Service Waiver 60 . The Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General)(Plummer, M)
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Filing
76
ORDER signed by District Judge Troy L. Nunley on 7/27/2020 ADOPTING 72 Findings and Recommendations in full. Defendant Dr. Chen's 69 motion to dismiss is GRANTED. Plaintiff's claims against Dr. Chen are DISMISSED from this action. Plaintiff's request for appointment of counsel is DENIED without prejudice. (Zignago, K.)
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Filing
72
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/15/20 ORDERING the Clerk of the Court shall send plaintiff a copy of his opposition 70 . Also, RECOMMENDING that defendant Dr. Chen's motion to dismiss 69 be granted; and plaintiff's claims against Dr. Chen be dismissed from this action. Motion to Dismiss 69 referred to Judge Troy L. Nunley. Objections due within 30 days. (Plummer, M)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/19 DENYING 52 Motion to Appoint Counsel and GRANTING 52 Motion for Extension of time. Plaintiff's third amended complaint is due on or before 11/30/19. No further extensions of time to file a third amended complaint will be granted. (Plummer, M)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2019 DENYING without prejudice 45 Motion for the Appointment of Counsel and GRANTING 45 Motion for Extension of Time. Plaintiff granted 90 days from the date of this order in which to file a third amended complaint. (Henshaw, R)
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Filing
44
ORDER signed by Magistrate Judge Kendall J. Newman on 07/12/19 ORDERING plaintiff's second amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a third amended complaint that complies with the instant order, the 3/20/18 and 10/31/18 orders. (Plummer, M)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 05/14/19 VACATING 36 FINDINGS AND RECOMMENDATIONS and dismissing 35 Motion to Amend the Complaint. This action now proceeds on plaintiffs second amended complaint filed April 19, 2019. The C lerk of the Court is directed to strike Objections to Magistrate Judges Findings and Recommendations from the title of the pleading ( 39 at 1) and separately docket, as a new docket entry, pages 1-14 as plaintiffs second amended complaint (ECF No. 39 at 1-14), and pages 15-45 as plaintiffs exhibits to his second amended complaint (ECF No. 39 at 15-45).. (Plummer, M)
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Filing
38
ORDER signed by Magistrate Judge Kendall J. Newman on 03/05/19 DENYING 37 Motion to Appoint Counsel and GRANTING 37 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file objections to the findings and recommendations that are accompanied by a proposed amended complaint that complies with the 03/20/18 order. (Plummer, M)
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Filing
36
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/7/2019 RECOMMENDING plaintiff's 35 motion to amend be denied; and this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/2019 IT IS HEREBY ORDERED that plaintiff is granted twenty-one days from the date of this order in which to file a second amended complaint. Failure to file a second amended complaint will result in the dismissal of this action. (Reader, L)
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Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 11/5/2018 ORDERING that plaintiff is granted 30 days from the date of this order in which to file a second amended complaint. (Huang, H)
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Filing
25
ORDER signed by District Judge Troy L. Nunley on 10/30/2018 ADOPTING 19 findings and recommendations in full. Plaintiff's claims concerning allegedly contaminated water, including any state law claims related thereto, against defendants Beard , Runnels, Stanley, Swarthout, Price, and Millard are DISMISSED without prejudice for improper joinder. Plaintiff's Eighth Amendment medical claims against defendants Brown, Rohlfing, Filice, Kreitler, Kraft, and Acquva, arising while plainti ff was housed in HDSP from 2000 to 2005, are DISMISSED as barred by the statute of limitations. Plaintiff's Eighth Amendment medical claims against defendants Dr. Naku, Dr. Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL prior to 12/13/2010, are DISMISSED as barred by the statute of limitations. Plaintiff's claims against defendant Dr. Traquina are DISMISSED without leave to amend. (Zignago, K.)
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Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2018 DENYING without prejudice plaintiff's 22 motion for the appointment of counsel and GRANTING plaintiff's 22 motion for an extension of time. Plaintiff has 60 days to file objections to the findings and recommendations. (Yin, K)
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Filing
21
ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/18 DENYING 20 Motion to Appoint Counsel and GRANTING 20 Motion for Extension of time. Plaintiff is granted sixty days from the date of this order in which to file his objections. (Plummer, M)
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Filing
19
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/20/2018 ORDERING plaintiff's 17 motion to supplement evidence is GRANTED; plaintiff's amended complaint is DISMISSED with leave to amend the following claims: (a) Eighth Amendment medical claims based on medical care provided by Dr. Naku, Dr. Mahmoud, Dr. Chen, or Dr. Collinsworth, at CSP-SOL after December 13, 2010; (b) Eighth Amendment medical claims based on medical care provided by defendants Dr. Win, Dr. Zheng, or Dr. Kim at DVI; and (c) Negligence or medical malpractice state law claims based on medical care,provided he can demonstrate timely compliance with the CTCA's presentation requirement. Plaintiff is GRANTED 30 days to file a second amended complaint. IT IS RECOMMENDED that plaintiff's claims concerning allegedly contaminated water, including any state law claims related thereto, against defendants Beard, Runnels, Stanley, Swarthout, Price and Millard be dismisse d without prejudice for improper joinder; plaintiff's Eighth Amendment medical claims against defendants Brown, Rohlfing, Filice, Kreitler, Kraft, and Acquva, arising while plaintiff was housed in HDSP from 2000 to 2005, be dismissed as barred b y the statute of limitations; plaintiff's Eighth Amendment medical claims against defendants Dr. Naku, Dr. Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL priorto December 13, 2010, be dismissed as barred by the statute of limitations; and plaintiff's claims against defendant Dr. Traquina be dismissed without leave to amend. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Paul David Johnson signed by Magistrate Judge Kendall J. Newman on 4/21/2016. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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