Parks v. Rolfing et al
Plaintiff: Kenneth Wayne Parks
Defendant: Jeffrey Rolfing, John Clark, Leslie Schmidt, Rafael Miranda, B Medina, Bonnie Lee, Dorothy Swingle, D. Garbutt, C. Barron, Redding Eye Clinic and Thomas Mahoney
Case Number: 2:2015cv01505
Filed: July 13, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
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
February 24, 2021 Opinion or Order Filing 147 ORDER signed by Chief District Judge Kimberly J. Mueller on 2/23/2021 ADOPTING 144 Findings and Recommendations in full; GRANTING IN PART AND DENYING IN PART 121 Motion for Summary Judgment; Granted with respect to Plaintiff's remaining c laims against defendant Dr. Rohlfing; DENIED with respect to Plaintiff's claim that defendant Miranda DENIED Plaintiff Ibuprofen on or about 4/8/2014; and GRANTED with respect to Plaintiff's other remaining claims against defendant Miranda. This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. (Mena-Sanchez, L)
September 22, 2020 Opinion or Order Filing 144 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/21/20 RECOMMENDING that defendants' amended motion for summary judgement 121 be: Granted with respect to plaintiff's remaining claims against defendant Dr. R ohlfing; Denied with respect to plaintiff's claim that defendant Miranda denied plaintiff Ibuprofen on or about 4/08/14; and Granted with respect to plaintiff's other remaining claims against defendant Miranda. Motion for Summary Judgment 121 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
January 30, 2020 Opinion or Order Filing 139 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/30/2020 and agreed between the parties CONTINUING the hearing on defendants' 121 motion for summary judgment to 2/19/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Yin, K)
December 6, 2019 Opinion or Order Filing 132 ORDER signed by District Judge Kimberly J. Mueller on 12/6/2019 GRANTING 114 Motion for Reconsideration of the Motion to Vacate the Referral. The referral to the magistrate judge is vacated. This case is reassigned to the District Judge Kimberly J. Mueller for dispositive purposes and the magistrate judge for pretrial nondispositive matters. The new case number is 2:15-cv-01505-KJM-CKD. (Henshaw, R)
November 15, 2019 Opinion or Order Filing 129 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/15/19 as to 121 Amended Motion for Summary Judgment ( Motion Hearing set for 1/22/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)
October 11, 2019 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/11/19 ORDERING the Clerk of the Court is directed to re-assign District Judge Kimberly J. Mueller to this matter. Within 10 days of the filing of this order, defendants may respond to plaintiff's 117 motion for extension of time. (Plummer, M)
September 12, 2019 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/2019 DENYING 112 and 113 Plaintiff's Motions and ORDERING Defendants may file a response to 114 Motion for Reconsideration within 14 days of the filing of this order. (Henshaw, R)
August 19, 2019 Opinion or Order Filing 111 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 8/19/2019 ORDERING the custodian to produce Kenneth Wayne Parks #P-06280, to testify in USDC at 1:00 p.m. on 9/27/2019 in courtroom 10, before M agistrate Judge Erica P. Grosjean; 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. (cc: EPG, ADR) (3 Certified copies of this order and writ served by mail on the RJDCF Warden, and 1 copy by fax on the Litigation Coordinator.) (Yin, K)
October 10, 2018 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/2018 ORDERING the parties to confer and submit a joint status report and proposed scheduling order, as detailed in this Order, within 21 days of the filing of this Order. (Henshaw, R)
October 3, 2018 Opinion or Order Filing 102 ORDER signed by District Judge Kimberly J. Mueller on 10/03/18 ORDERING the Clerk of the Court reassign this case to the Honorable Carolyn K. Delaney. The parties shall please take note that all documents hereafter filed with the Clerk of the Court shall bear case No. 2:15-CV-1505 CKD. All currently scheduled dates presently set before Judge Mueller are hereby VACATED. (cc: KJM) (Plummer, M)
May 9, 2018 Opinion or Order Filing 88 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/09/18 ORDERING the deadlines set forth in paragraphs 4-7 of the 10/16/17 scheduling order 70 at 2 are VACATED. The parties stipulation to modify the schedul ing order 83 is DENIED as moot. Plaintiff's request to withdraw his consent to magistrate judge jurisdiction 85 , 86 is DENIED. Plaintiff's motion to amend the complaint 71 is GRANTED. The clerk of the court is directed to separat ely filed the proposed fourth amended complaint, currently attached as exhibits to the motion to amend 71 -1, 71 -2, 71 -3 and designate it the fourth amended complaint. The clerk of the court is directed to update the docket to correct the spell ing of defendant Rohlfing's name from Rolfing to Rohlfing. Within 21 days of service of this order, defendants Rohlfing, Miranda, Medina and Garbutt shall respond to the complaint as set forth above. Service is appropriate for defendant Schmid t. Within 14 days from the date of this order plaintiff's counsel shall complete the attached Notice of Submission of documents and submit it with a completed summons, 1 completed USM-285 form for defendant Schmidt, 1 copy of this order and 2 c opies of the endorsed fourth amended complaint. The clerk of the court is directed to re-assign District Judge Kimberly J. Mueller to this matter. Also, RECOMMENDING that the claims against defendant Lee be dismissed without leave to amend. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (copy of this order, summons, 1 USM-285 form and copy of the 4th amended complaint served on attorney for plaintiff by mail) (Plummer, M)
April 24, 2018 Opinion or Order Filing 84 ORDER signed by District Judge Kimberly J. Mueller on 4/19/18 ORDERING that the Clerk of the Court reassign this case to the Honorable Carolyn K. Delaney. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear the case No. 2:15-cv-1505 CKD. All scheduled dates presently set before Judge Mueller are hereby VACATED. (cc: KJM)(Plummer, M) Modified on 4/24/2018 (Plummer, M).
March 2, 2018 Opinion or Order Filing 79 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/02/18 ORDERING the court grants the stipulated extension of time. Plaintiff's reply shall be due on or before 3/15/18. (Plummer, M)
February 13, 2018 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/2018 GRANTING 75 Stipulation for Extension of Time. Defendants' opposition to 71 Motion to Amend due on or before 2/23/2018. (Henshaw, R)
September 27, 2017 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/2017 GRANTING 66 Stipulated Extension of Time. Parties to submit by 10/2/2017, their joint proposed schedule or a joint status report. (Henshaw, R)
August 8, 2017 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/08/17 ordering that, as set forth in this order, within 7 days of the filing of this order, the parties must submit either a proposed scheduling order or an amended joint status report that includes their proposed deadlines and respective positions. (Plummer, M)
July 5, 2017 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/5/2017 ORDERING, within 30 days, the parties shall confer and submit a joint status report and proposed scheduling order in accordance with this order.(Yin, K)
June 27, 2017 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/27/17 ordering that within 7 days of the date of this order, counsel for plaintiff must file a notice with the court advising whether an engagement letter has been satisfactorily executed. If an engagement letter has not been executed, counsel must also explain the cause for delay. (Plummer, M)
April 20, 2017 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/2017 GRANTING 49 Motion to Appoint Counsel. Appointed Jeff Dominic Price for Kenneth Wayne Parks. (Henshaw, R)
February 7, 2017 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/17: The parties shall, within 30 days from the date of this order, inform the court's Alternative Dispute Resolution (ADR) division, in writing, if they believe a settlement conference would be beneficial. (Kaminski, H)
May 25, 2016 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/25/2016 ORDERING plaintiff's claims against defendants Clark, Garbutt, Barron, Lee, and Mahoney are DISMISSED with leave to amend. If plaintiff elects to amend, any amended complaint m ust bear the docket number assigned this case and must be labeled "Amended Complaint", and shall be filed within 30 days. Upon the filing of an amended complaint or expiration of the time allowed therefor, the court will make further orders for service of process upon some or all of the defendants.(Yin, K)
April 8, 2016 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/08/16 denying 25 Motion to suspend case. No later than 30 days from the date of this order, plaintiff shall inform the court whether he wishes to proceed on the second amended complaint or voluntarily dismiss this action under Rule 41(a). (Plummer, M)
September 24, 2015 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/24/15 ordering the first amended complaint is dismissed for failure to state a claim. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
July 31, 2015 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/15 denying 6 Motion to Appoint Counsel. (Dillon, M)
July 29, 2015 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 7/29/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Kenneth Wayne Parks and forward payment to the court until the bal ance is paid 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)
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Plaintiff: Kenneth Wayne Parks
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Defendant: Jeffrey Rolfing
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Defendant: John Clark
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Defendant: Leslie Schmidt
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Defendant: Rafael Miranda
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Defendant: B Medina
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Defendant: Bonnie Lee
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Defendant: Dorothy Swingle
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Defendant: D. Garbutt
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Defendant: C. Barron
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Defendant: Redding Eye Clinic
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Defendant: Thomas Mahoney
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