Diaz v. Hurley et al
Plaintiff: Miguel Enrique Diaz
Defendant: Hurley, Farmar, Hall and T. Rodriguez
Case Number: 2:2015cv02083
Filed: October 5, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 10, 2019 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 10/10/19 DENYING 74 Motion for a court order directing prison officials to provide him law library access. (Plummer, M)
October 1, 2019 Opinion or Order Filing 73 ORDER signed by District Judge Kimberly J. Mueller on 9/30/2019 ADOPTING 63 Findings and Recommendations in full and DENYING 56 Motion to Vacate. (York, M)
July 3, 2019 Opinion or Order Filing 63 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/3/2019 DENYING plaintiff's 57 motion to return jurisdiction. IT IS RECOMMENDED that plaintiff's 56 motion to vacate be denied. Motion referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
March 1, 2018 Opinion or Order Filing 46 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/01/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
January 24, 2018 Opinion or Order Filing 43 ORDER signed by District Judge Garland E. Burrell, Jr. on 1/23/18 ADOPTING 35 FINDINGS AND RECOMMENDATIONS: Motion to revoke in forma pauperis status, and to dismiss the complaint 22 , is granted. In forma pauperis status 6 is revoked. Plai ntiff is ordered to pay the $400.00 filing fee within twenty-one days from the date the district court adopts the instant findings and recommendations. Plaintiff's complaint is dismissed. Thirty days from the date plaintiff pays the filing fee in full, plaintiff shall file an amended complaint. (Kaminski, H)
December 14, 2017 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/17 DENYING 38 plaintiff's motion. (Plummer, M)
December 11, 2017 Opinion or Order Filing 39 ORDER signed by District Judge Garland E. Burrell, Jr on 12/8/17 ORDERING that: the 11/21/17 order (ECF No. 36 ) is VACATED; Plaintiff's motion for an extension of time (ECF No. 37 ) is GRANTED; and Plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations. (Becknal, R)
November 21, 2017 Opinion or Order Filing 36 ORDER signed by District Judge Garland E. Burrell, Jr on 11/21/17 ORDERING that the defendants' motion to revoke plaintiff's in forma pauperis status, and to dismiss the complaint 22 , is GRANTED; Plaintiff's in forma pauperis st atus 6 is REVOKED; Plaintiff is ordered to pay the $400.00 filing fee within twenty-one days from the date of this order. Failure to timely pay the filing fee will result in the dismissal of this action; Plaintiff's complaint is di smissed; and Thirty days from the date plaintiff pays the filing fee in full, plaintiff shall file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Pra ctice. The amended complaint must also bear the docket number assigned to this case and must be labeled "Amended Complaint." Failure to file an amended complaint in accordance with this order will result in the dismissal of this action. (Becknal, R)
October 30, 2017 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/30/2017 RECOMMENDING 22 Motion to Revoke Plaintiff's IFP and Dismiss the Complaint be granted, 6 Plaintiff's IFP status be revoked, Plaintiff be ordered to pay the $400 filing fee within 21 days from the date this F&R is adopted, Plaintiff's complaint be dismissed, and 30 days from the date Plaintiff pays the filing fee, plaintiff to file an amended complaint. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
September 27, 2017 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Kendall J. Newman on 9/26/2017 DENYING without prejudice plaintiff's 28 motion.(Yin, K)
September 1, 2017 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/2017 GRANTING 26 Motion for Extension of Time. Plaintiff is granted 30 days from the date of this order in which to file an opposition to 22 Motion to Revoke IFP Status. (Henshaw, R)
August 10, 2017 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to revoke. (Plummer, M)
March 21, 2017 Opinion or Order Filing 16 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Miguel Enrique Diaz signed by Magistrate Judge Kendall J. Newman on 3/21/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forwar d 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)
January 5, 2017 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/17 ORDERING that plaintiff's motion for an extension of time (ECF No. 11 ) is GRANTED; and Plaintiff is granted 30 days from the date of this order in which to file objections to the findings and recommendations.(Dillon, M)
December 9, 2016 Opinion or Order Filing 10 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2016 RECOMMENDING this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Yin, K)
October 21, 2016 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/2016 ORDERING plaintiff to submit, within 21 days, the appropriate filing fee. Plaintiff's failure to comply will result in a recommendation that this action be dismissed. (Yin, K)
October 19, 2015 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/15 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 of Court, or the required fees in the amount of $400.00; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Diaz v. Hurley et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Miguel Enrique Diaz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hurley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Farmar
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: T. Rodriguez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?