Juarez v. Butts et al
Plaintiff: Jose Juarez
Defendant: Carmen Butts, J. Rackley and M. Hlaing
Case Number: 2:2015cv01996
Filed: September 21, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: John A. Mendez
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
November 23, 2020 Opinion or Order Filing 148 ORDER signed by District Judge John A. Mendez on 11/20/2020 ADOPTING 135 Findings and Recommendations in full; GRANTING 125 Defendants' Motion for Summary Judgment. CASE CLOSED. (Mena-Sanchez, L)
June 30, 2020 Opinion or Order Filing 136 ORDER signed by District Judge John A. Mendez on 6/29/2020 ADOPTING 135 Findings and Recommendations in full; GRANTING 125 Motion for Summary Judgment. CASE CLOSED. (Mena-Sanchez, L)
May 8, 2020 Opinion or Order Filing 135 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 05/07/20 RECOMMENDING that defendants motion for summary judgment 125 be granted. Motion for Summary Judgment 125 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 17, 2019 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Deborah Barnes on 12/16/2019 DENYING 122 Motion to Compel. (Henshaw, R)
May 28, 2019 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Deborah Barnes on 5/24/19 GRANTING 117 defendants' request to opt out. The stay of this action is lifted. By separate order, the court will set a schedule for this case. (Plummer, M)
April 5, 2019 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Deborah Barnes on 4/4/2019 ORDERING, within 20 days, plaintiff shall file the documents with the court for service on defendant Bhatia. (Yin, K)
March 26, 2019 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2019 GRANTING 107 Motion for Court Assistance. Defendants' counsel to query CDCR to ascertain whereabouts of Bhatia and file and serve a response explain what he has, or has not, found within 20 days of the filed date of this order. (Henshaw, R)
March 15, 2019 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Deborah Barnes on 03/14/19 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. 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. (Plummer, M)
February 27, 2019 Opinion or Order Filing 104 ORDER signed by Magistrate Judge Deborah Barnes on 02/26/19 DENYING 101 Motion to Compel without prejudice to its renewal when, and if, discovery commences in this case. (Plummer, M)
January 16, 2019 Opinion or Order Filing 96 ORDER signed by District Judge John A. Mendez on 01/15/19 ADOPTING the findings and recommendations filed 10/26/18 81 as amended by the 12/28/18 order 92 and DISMISSING plaintiff's claims against defendant Monk. (Becknal, R)
November 14, 2018 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Deborah Barnes on 11/13/18 DENYING 83 Motion to Appoint Counsel and GRANTING 82 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order to file and serve his objections.(Coll, A)
October 26, 2018 Opinion or Order Filing 81 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/25/18 ORDERING that 78 Motion to Amend the Complaint is granted. Service is appropriate for defendants Atienza and Bhatia. The Clerk of the Court shall se nd plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the Fourth Amended Complaint. Within thirty days from the date of this order, plaintiff shall complete the Notice of Submission of Documents and submit the document s to the court. 76 Motion to Appoint Counsel is denied. RECOMMENDING that plaintiff's claims against defendants Hlaing and Monk be dismissed. F&R referred to District Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)
June 13, 2018 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Deborah Barnes on 6/12/2018 GRANTING defendant's 68 motion to strike; plaintiff's 66 Third Amended Complaint is STRICKEN; within 30 days, plaintiff may file a motion to amend his complaint and file a f ourth amended complaint in accordance with this order; if plaintiff does not file a new motion to amend his complaint, this case will proceed on his claims against defendant Hlaing in his second amended complaint; and the Clerk shall provide plaintiff with the form for filing a civil rights complaint. (Yin, K)
June 6, 2018 Opinion or Order Filing 71 ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 62 Findings and Recommendations in full. Defendant's 41 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's 54 , 56 , 60 Motions for Preliminary Injunctions are DENIED. (Zignago, K.)
March 20, 2018 Opinion or Order Filing 62 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/19/18 ORDERING Plaintiffs motion for an extension of time to file a sur-reply 57 is denied. Plaintiffs motion clarifying his sur-reply 61 is denied. Defendants motion to strike the sur-reply 59 is granted. Plaintiffs motion to amend the second amended complaint 51 is denied without prejudice. If plaintiff wishes to amend the second amended complaint to add new defendants, within thirty (30) days of the date of this order, plaintiff must file a new motion to amend his complaint and a copy of the new complaint. Also, RECOMMENDING that Defendants motion to dismiss 41 be granted with respect to plaintiffs claims regarding defendants treatment of hi s pain between May and October 2014 and be denied with respect to plaintiffs claims regarding his pain treatment after October 2014. Plaintiffs motions for preliminary injunctions 54 , 56 , 60 be denied. Motions 41 , 54 , 56 , 60 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 4, 2017 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Deborah Barnes on 12/03/17 DENYING 48 Motion to Appoint Counsel and GRANTING 47 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to file a response to defendant's motion to dismiss. Defendant's reply, if any, shall be filed within 7 days thereafter. (Plummer, M)
November 27, 2017 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2017 DIRECTING plaintiff to file an opposition to 41 Motion to Dismiss within 30 days of this order. (York, M)
June 29, 2017 Opinion or Order Filing 33 ORDER signed by District Judge John A. Mendez on 6/28/2017 ORDERING 29 Plaintiff's Motion for Reconsideration is DENIED; Plaintiff's 30 Motion for Extension of Time is DENIED; and Plaintiff's 31 Objections will be DISREGARDED. (Reader, L)
March 30, 2017 Opinion or Order Filing 28 ORDER signed by District Judge John A. Mendez on 3/29/2017 ORDERING that the 23 findings and recommendations are ADOPTED in full. Plaintiff's 17 Motion for an Injunction is DENIED. (Zignago, K.)
March 27, 2017 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Deborah Barnes on 3/24/2017 DENYING plaintiff's 26 request for the appointment of counsel. (Yin, K)
February 17, 2017 Opinion or Order Filing 23 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/16/2017 DISMISSING plaintiff's first amended complaint; and plaintiff has 30 days to file an amended complaint. IT IS RECOMMENDED that plaintiff's 17 motion for an injunction be denied. Motion referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
November 10, 2016 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Deborah Barnes on 11/9/2016 DENYING plaintiff's 16 request for the appointment of counsel. (Yin, K)
December 18, 2015 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jose Juarez signed by Magistrate Judge Allison Claire on 12/18/2015. 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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Plaintiff: Jose Juarez
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Defendant: Carmen Butts
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Defendant: J. Rackley
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Defendant: M. Hlaing
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