Hill v. Swarthout et al
| Kenneth Hill |
| Gary Swarthout, R. W. Cappel and Sandy |
| 2:2015cv02012 |
| September 23, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
63
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/12/2021 ADOPTING in FULL 61 Findings and Recommendations.Plaintiff's due process claims against defendants Swarthout and Cappel for denying his disciplinary appeals are DISMISSED without leave to amend.(Reader, L)
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Filing
61
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/17/21 VACATING 9 the dismissal of the due process claims against defendants Swarthout and Cappel for denying plaintiff's disciplinary appeals. Also, RECOMM ENDING that the due process claims against defendants Swarthout and Cappel for denying plaintiff's disciplinary appeals be dismissed without leave to amend for the reasons set forth in the 1/31/17 screening order 9 at 5-6. Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
54
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2020 ADOPTING 50 Findings and Recommendations in full. 32 Motion for Summary Judgment is GRANTED on the following grounds: Plaintiff's equal protection claims against defenda nts Alcaraz, Mejorado, Sandy, Cappel, and Swarthout; deliberate indifference claims against Sandy, Cappel, and Swarthout; and due process claim against Sandy for failing to consider his mental health status are DISMISSED without prejudice for failure to exhaust administrative remedies; and Plaintiffs claim that Sandy violated his due process rights because she was not impartial, denied his request to call a witness, and found him guilty without any evidence are DISMISSED because plaintiff received all the process to which he was entitled. Judgment is ENTERED for defendants. 53 Request for a Settlement Conference is MOOT. CASE CLOSED. (Huang, H)
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Filing
50
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/10/20 ORDERING the Clerk of Court shall randomly assign a District Judge to this action. Also, RECOMMENDING that defendants motion for summary judgment, ECF No. 32 , be granted on the following grounds: a. Plaintiffs equal protection claims against defendants Alcaraz, Mejorado, Sandy, Cappel, and Swartout; deliberate indifference claims against Sandy, Cappel, and Swarthout; and due process claim against Sandy f or failing to consider his mental health status were not exhausted and should be dismissed without prejudice. b. Plaintiffs claim that Sandy violated his due process rights because she was not impartial, denied his request to call a witness, and foun d him guilty without any evidence should be dismissed because plaintiff received all the process to which he was entitled. Judgment be entered for defendants. Motion for Summary Judgment 32 assigned and referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
31
ORDER signed by Magistrate Judge Allison Claire on 8/24/2018 GRANTING 30 Motion to Modify the Scheduling Order. Dispositive motions due no later than 8/31/2018. (Henshaw, R)
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Filing
24
ORDER signed by Magistrate Judge Allison Claire on 1/23/18 ORDERING that plaintiff is no longer required to submit new service documents to the court because defendant Sandy returned a waiver of service of summons. ECF 23 -1. The waiver of service of summons was filed with the court on 1/18/18.(Plummer, M)
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Filing
22
ORDER signed by Magistrate Judge Allison Claire on 1/11/18 ORDERING the Clerk of the court shall send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 3/15/17 12 to be completed and returned with the notice of submission of documents within 60 days. (Plummer, M)
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Filing
9
ORDER signed by Magistrate Judge Allison Claire on 1/30/2017 GRANTING plaintiff's 7 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's due process claims aga inst defendants Swartout and Cappel for denying his disciplinary appeals are DISMISSED without leave to amend. The remaining claims in the complaint are DISMISSED with leave to amend as set forth in this order. Within thirty days, plaintiff may file an amended complaint. The Clerk shall send plaintiff a prisoner complaint form. (Yin, K)
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Filing
6
ORDER signed by Magistrate Judge Allison Claire on 1/25/16 ORDERING that plaintiff's application to proceed in forma pauperis (ECF No. 2 ) is DISMISSED without prejudice. Plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court. 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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