Smith v. Albee et al
| Michael Lenoir Smith |
| Darren Albee, D. Treat, D. Epperson, S. Rather and A. Pacillas |
| 2:2015cv01598 |
| July 24, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Kendall J. Newman |
| 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
98
ORDER signed by Magistrate Judge Kendall J. Newman on 12/28/2020 DENYING 97 Motion for Extension of Time to File a Separate Supplemental Reply. (Henshaw, R)
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Filing
95
ORDER signed by District Judge John A. Mendez on 12/7/2020; ADOPTING 89 Findings and Recommendations filed 9/22/20, in full; DENYING Plaintiff's motion for summary judgment (ECF No. 80 ) ; and GRANTING Defendants' motion for summary judgment (ECF No. 79 ). (Becknal, R)
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Filing
89
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/21/20 ORDERING Plaintiff is granted an extension of time, nunc pro tunc, to file his opposition, and his December 13, 2019 opposition is deemed timely filed. De fendants request to strike plaintiffs statement of undisputed factual issues is partially granted; plaintiffs questions 3, 4, 6, 8, 9, 10, and 13 ( 82 at 63-65) are STRICKEN as not relevant. SUSTAINING 83 -1 defendant's first 3 evidentiary obj ections; OVERRULING 82 -5 plaintiff's evidentiary objections to the declarations of McCamy and Rowe. Also, RECOMMENDING that plaintiff's motion for summary judgment 80 be denied; and defendants' motion for summary judgment 79 be granted. Motions 79 , 80 referred to Judge John A. Mendez. Objections due within 30 days. (Plummer, M)
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Filing
88
ORDER signed by District Judge John A. Mendez on 5/26/2020 ORDERING, that upon reconsideration, the 84 order of the magistrate judge is AFFIRMED. (Zignago, K.)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/2020 GRANTING IN PART AND DENYING IN PART 71 Motion for Terminating and Monetary Sanctions, as follows: DENYING Motion for Terminating Sanctions; DENYING without prejudice 70 Motion for S ummary Judgment; GRANTING defendants motion for monetary sanctions, and defendants expenses in the amount of $1440.00 are assessed against plaintiff to be paid to defendants; STAYING the order assessing monetary sanctions and expenses in the amount of $1440.00; and ORDERING Defendants may move to lift the stay and enforce the order of monetary sanctions and expenses upon a showing that plaintiff has the ability to pay $1440.00.. (Henshaw, R)
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Filing
78
ORDER signed by District Judge John A. Mendez on 9/3/2019 ADOPTING 68 findings and recommendations in full. Plaintiff 50 Motion to Amend is DENIED. (Zignago, K.)
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Filing
68
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/09/19 ORDERING the Clerk of the Court is directed to strike plaintiffs unsigned reply 55 . Plaintiffs motion to substitute Sgt. Gregory for Sgt. Alexander as a defendant in this action 52 is GRANTED. The Clerk of the Court shall interlineate the name Sergeant Gregory in place of Sergeant Alexander throughout plaintiffs second amended complaint 25 . The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet, summons form, and a copy of the second amended complaint (ECF No. 25) that bears the interlineation described in number 3 above to be completed and returned with the notice of submission of document s within 21 days. Plaintiff's motion for extension of time 65 is DENIED. Within 30 days, defendant shall file a motion for expenses or sanctions. Also, RECOMMENDING that plaintiff's motion to amend 50 be denied. MOTION to AMEND 50 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 05/14/19 DENYING 54 plaintiff's motion ; PARTIALLY GRANTING 58 Motion to Compel; and PARTIALLY GRANITNG 60 plaintiff's motion. Within thirty days, plaintiff shall file further res ponses to defendant Countys special interrogatories, 3, 7, 11, 12, 13, 18, 19, and 23, as set forth above. Plaintiff is granted thirty days in which to respond to defendant Countys request for production of documents; this requires that plaintiff be granted access to the prison law library to have documents photocopied for production to counsel for defendant County. The Court requests that the litigation coordinator at California State Prison, Corcoran, assist plaintiff in gaining timely law li brary access in order to photocopy documents necessary to comply with the discovery requests of defendant. The Clerk of the Court is directed to serve a copy of this order on the litigation coordinator at California State Prison, Corcoran, P.O. Box 8 800, Corcoran, CA 93212-8309. The courts January 2, 2019 discovery and scheduling order is revised as follows: A. The discovery deadline is extended to August 13, 2019, for the sole purpose of resolving any discovery dispute related to the instant mo tion to compel. Neither party may propound new discovery to either party. B. The dispositive motions deadline is extended to November 4, 2019. C. In all other respects, the January 2, 2019 discovery and scheduling order remains in effect. 48 . (Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/18 ORDERING Attorney Carl L. Fessenden is substituted in as attorney of record for County of Sacramento in place of Peter C. Zilaff. (Plummer, M)
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Filing
40
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/20/2018 ORDERING the custodian to produce Michael Lenoir Smith P-64019, to testify on 12/12/2018 at 1:30 p.m., before Magistrate Judge Kendall J. Newman, to appear by video-conferencing at MCSP; 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; and the Clerk to serve a copy of this order and writ on the Warden and by fax on the Litigation Coordinator. (cc: I.T. Dept.) (Yin, K)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 08/21/18 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Sacramento County Counsel, 700 H Stree, Suite 2650, Sacramento, CA 95814. The Clerk of the Court shall also serve a courtesy copy of the instant order on the Sacramento County Sheriffs Department Legal Division, 711 G Street, Sacramento, CA 95814.. (Plummer, M)
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Filing
29
ORDER signed by District Judge John A. Mendez on 3/19/2018 FINDINGS AND RECOMMENDATIONS 26 Plaintiff's claims based on the incidents in 2002, including his retaliation claims against defendants Albee and Jones based on their actions in 2002, are DISMISSED with prejudice; and Plaintiff's remaining claims, including his claim against defendant Jones based on Jones' alleged false claim in 2015, are DISMISSED without prejudice. (Reader, L)
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Filing
26
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/25/2017 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms and RECOMMENDING that Plaintiff's claims based on the incidents in 2002, includ ing his retaliation claims against defendants Albee and Jones based on their actions in 2002, be dismissed with prejudice and plaintiff's remaining claims, including his claim against defendant Jones based on Jones' alleged false claim in 2 015, be dismissed without prejudice. Service is appropriate for Sgt. Alexander and Sacramento County Sheriff's Department. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms with instruction sheet, and 1 copy of the Amended Complaint f iled on 11/17/2016. Plaintiff to complete and submit Notice of Submission of Documents and service documents within 30 days from the date of this order. Referred to Judge John A. Mendez. Objections due 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
24
ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/16 ordering the 5/10/16 findings and recommendations 22 are vacated. Plaintiff's amended complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached notice of amendment and submit it with an original and 1 copy of the second amended complaint. The clerk of the court is directed to send plaintiff the form for filing a civil rights action by a prisoner. (Plummer, M)
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Filing
22
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/10/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2016 DENYING without prejudice plaintiff's 17 motion ; and plaintiff has up to and including 5/2/2016 in which to file his amended complaint.(Yin, K)
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Filing
15
ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2016 GRANTING plaintiff 60 days to file an amended complaint. Plaintiff is cautioned that failure to file an amended complaint will result in a recommendation that this action be dismissed without prejudice.(Yin, K)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Lenoir Smith signed by Magistrate Judge Kendall J. Newman on 11/12/2015. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forw ard 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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Filing
5
ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/15 ordering plaintiff is granted 30 days from the date of this order, to pay the filing fee or submit a completed in forma pauperis affidavit on the form used by this district along with 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 is directed to send to plaintiff an application to proceed in forma pauperis by a prisoner.(Plummer, M)
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Filing
3
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/15 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk o f Court, or the required fees in the amount of $400.00; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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