Dixon v. Oleachea, et al.
| Nathaniel Dixon |
| D. Oleachea, R. Sandoval, J. Hall, D. Lieber and Tim Virga |
| 2:2015cv02372 |
| November 16, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Allison Claire |
| Kimberly J. Mueller |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
152
ORDER signed by Magistrate Judge Allison Claire on 10/26/2023 ISSUING Monetary Sanctions in the amount of $500 each is imposed against Chijioke Ikonte and Kelly Savage Day for failing to comply with 145 Order to Show Cause. This order is STAYED for a period of 14 days to allow the parties to file the necessary dispositional documents. (Lopez, K)
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Filing
151
ORDER signed by Magistrate Judge Allison Claire on 04/24/2023 GRANTING the 150 Motion for Extension of Time and to continue the court's Order to Show Cause. Within 30 days from the date of this order, the parties shall SHOW CAUSE in writing why they should not be sanctioned for failure to timely file dispositional documents. (Spichka, K.)
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Filing
147
ORDER signed by Magistrate Judge Allison Claire on 02/21/2023 GRANTING-IN-PART AND DENYING-IN-PART 146 Motion for Extension of Time. Motion is GRANTED-IN-PART to the extent that it asks for 30 days to file dispositional documents and DENIED-IN-PART to the extent that it asks the court to vacate the Order to Show Cause. Show cause response due within 30 days. (Spichka, K.)
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Filing
145
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 1/31/2023 ORDERING, within 10 days, counsel for the parties shall show cause in writing why they should not be sanctioned for failure to timely file dispositional documents. The filing of dispositional documents within ten days shall serve to discharge this order to show cause. (Yin, K)
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Filing
142
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 11/07/22 ORDERING the Custodian to produce by zoom video conference Nathaniel Dixon on 12/06/22 at 9:00 a.m. before Magistrate Judge Allison Claire. The 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. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)(3 certified copies of writ served on the Warden, CSP-Corcoran. Courtesy copy sent by fax to CSP-Corcoran Litigation office at 559-992-7372)(Plummer, M) Modified on 11/7/2022 (Plummer, M).
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Filing
135
ORDER signed by Magistrate Judge Allison Claire on 5/23/2022 DENYING plaintiff's 133 request for documents. Future pro se filings will be DISREGARDED. (Yin, K)
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Filing
129
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/09/2021 GRANTING 125 Motion to Reopen Discovery. A status conference is set for 12/02/2021 at 2:30 p.m. before Chief District Judge Kimberly J. Mueller. The parties shall submit a joint report proposing a schedule for reopened discovery, other pretrial proceedings, a final pretrial conference and trial by 11/18/2021. (Rodriguez, E)
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Filing
126
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2021 VACATING AND RESETTING The hearing re 125 Motion to Reopen Discovery for 11/19/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties shall exhaust their efforts to meet and conferand file a joint report on those efforts by 10/29/2021.(Mena-Sanchez, L)
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Filing
123
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/23/2021 APPOINTING Attorney Chijioke Ikonte for Nathaniel Dixon. (Becknal, R)
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Filing
122
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/12/2021 ADOPTING 102 Findings and Recommendations in full. Plaintiff's 75 motion for summary judgment is DENIED. Defendant Hall's 82 motion for summary judgment is GRANT ED and Hall is DISMISSED from this action. Defendant Oleachea's 89 motion for summary judgment is GRANTED IN PART and DENIED IN PART as follows: a. GRANTED as to plaintiff's retaliation claim; and b. DENIED as to plaintiff's excessive force claim. This case shall proceed to trial on plaintiff's excessive force claim against defendant Oleachea. (Zignago, K.)
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Filing
120
ORDER signed by Magistrate Judge Allison Claire on 05/04/21 DENYING 118 Motion for sanctions. (Plummer, M)
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Filing
116
ORDER signed by Magistrate Judge Allison Claire on 02/23/21 ORDERING that within seven days of this order, counsel for defendant Oleachea shall serve plaintiff with a copy of the objections that defendant Oleachea filed in this court on November 20, 2020 (see 111 ).(Plummer, M)
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Filing
114
ORDER signed by Magistrate Judge Allison Claire on 1/29/21 DENYING 113 Motion to Appoint Counsel. (Plummer, M)
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Filing
102
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/17/20 RECOMMENDING that plaintiff's motion for summary judgment 75 be denied. Defendant Hall's motion for summary judgment 82 be granted and Hall be dismissed from this action. Defendant Oleachea's motion for summary judgment 89 be granted in part and denied in part as follows: a) granted as to plaintiff's retaliation claim; b) denied as to plaintiff's excessive force claim. Motions 75 , 82 and 89 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
91
ORDER signed by Magistrate Judge Allison Claire on 06/03/2020 GRANTING 90 Motion for Extension of Time. Plaintiff shall, on or before 7/31/2020, file and serve his oppositions to the motions for summary judgment filed by the respective defendants; Defendants' replies, if any, shall be filed within 14 days thereafter. (Tupolo, A)
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Filing
74
ORDER signed by District Judge Kimberly J. Mueller on 1/9/2020 DENYING 73 Motion for Reconsideration. (Mena-Sanchez, L)
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Filing
65
AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 06/05/19 ORDERING the Custodian to produce Nathaniel Dixon by video conference on 7/31/19 at 9:30 a.m. in courtroom 24 before Magistrate Judg e Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: CKD and I.T. Dept, Sacramento) (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Allison Claire on 05/28/19 DENYING 55 Motion to Appoint Counsel. (Plummer, M)
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Filing
56
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by signed by Magistrate Judge Allison Claire on 5/13/2019 ORDERING the custodian to produce Nathaniel Dixon #P-23588, before Magistrate Judge Carolyn K. Delaney, by video conference from his place of confinement, on 6/6/2019 at 9:30 a.m.; 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; counsel for defendant shall confirm with the prison no less than 2 days prior to the settlement conference that the prison's video-conference equipment will connect to the court's system. (cc: CKD, I.T Dept.) (Yin, K)
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Filing
52
ORDER signed by Magistrate Judge Allison Claire on 4/18/19 ORDERING ( Settlement Conference set for 6/6/2019 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Plaintiff shall have the choice to attend the settlement confe rence in person or by video. Within ten (10) days after the filing date of this order, plaintiff shall return the attached form notifying the court whether he would like to attend the settlement conference in person or by video. Parties are directed to submit confidential settlement statements no later than May 30, 2019, to ckdorders@caed.uscourts.gov. Plaintiff shall mail his confidentialsettlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501I Street, Suite 4-200, Sacramento, California 95814, so it arrives no later than May 30, 2019. The envelope shall be marked CONFIDENTIAL SETTLEMENTSTATEMENT. Parties are also directed to file a Notice of Submission ofConfidential Settlement Statement. (cc: CKD) (Plummer, M)
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Filing
51
ORDER signed by Magistrate Judge Allison Claire on 04/15/19 ORDERING that defendants shall, on or before 5/24/19, file and serve their respective answers to plaintiff's first amended complaint. (Plummer, M)
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Filing
49
ORDER signed by District Judge Kimberly J. Mueller on 3/29/2019 ADOPTING 47 Findings and Recommendations except as to the assumption that plaintiff did not oppose defendant Oleachea's Motion to Dismiss; GRANTING in PART 27 and 37 Motions t o Dismiss; Plaintiffs official capacity claims and plaintiff's state law claims against defendants Hall and Oleachea are DISMISSED for failure to state a claim upon which relief can be granted; This action proceeds on plaintiff's individual capacity damages claims against defendants Hall and Oleachea under, specifically, plaintiffs Eighth Amendment claim for excessive force and First Amendment retaliation claim against defendant Oleachea, and plaintiff's Eighth Amendment failure-to-protect claim against defendant Hall. The clerk of court is directed to refer this matter back to the assigned magistrate judge for all further pretrial proceedings. (Washington, S)
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Filing
47
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/06/19 RECOMMENDING that the motions to dismiss filed by defendants Hall and Oleachea 27 and 37 be granted in part: Plaintiffs official capacity claims under 42 U.S.C. &# 167; 1983 and plaintiffs state law claims against defendants Hall and Oleachea be dismissed pursuant to Rule 12(b)(6), FederalRules of Civil Procedure, for failure to state a claim upon which relief can be granted; This action proceed on plaintiffs i ndividual capacity damages claims against defendants Hall and Oleachea under 42 U.S.C. § 1983, specifically, plaintiffs Eighth Amendment claim for excessive force and First Amendment retaliation claim against defendant Oleachea, and plaintiffs Eighth Amendment failure-to-protect claim against defendant Hall. Motions 27 and 37 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
45
ORDER signed by District Judge Kimberly J. Mueller on 3/1/19 ADOPTING 41 FINDINGS AND RECOMMENDATIONS. Defendant Sandoval is dismissed from this action without prejudice. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Kaminski, H)
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Filing
44
ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 GRANTING 43 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order in which to file an opposition to 37 Motion to Dismiss and a new superseding opposition to 27 Motion to Dismiss. (Henshaw, R)
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Filing
42
ORDER signed by Magistrate Judge Allison Claire on 1/9/2019 ORDERING that Plaintiff shall, on or before 1/25/2019, file and serve an opposition to 37 Motion to Dismiss, and Plaintiff shall, on or before 1/25/2019, file either: a new, superseding opposition to 27 Motion to Dismiss, or a notice that he chooses to rely on 33 Opposition. Defendants Hall and Oleachea may, on or before 2/8/2019, file and serve their respective replies to plaintiff's separate oppositions. (Huang, H)
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Filing
40
ORDER signed by Magistrate Judge Allison Claire on 12/11/2018 ORDERING the parties shall refrain from filing or serving further briefing on the pending motions to dismiss filed by defendants Hall and Oleachea, until further order of this court. Plai ntiff's deadline for submission of service documents for defendant Sandoval remains 12/27/2018. Failure to timely provide the required documents and information will result in a recommendation that Sandoval be dismissed from this action without prejudice. (Yin, K)
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Filing
39
ORDER signed by Magistrate Judge Allison Claire on 11/26/18 DIRECTING plaintiff to complete and submit the attached Notice of Submission of Documents to the court with 1 completed USM-285 form for defendant Sandoval & 2 Copies of the endorsed amended complaint filed August 3, 2016. The clerk is DIRECTED to send to plaintiff 1 USM-285 form along with an instruction sheet and a copy of the amended complaint. (Coll, A)
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Filing
22
ORDER signed by Magistrate Judge Allison Claire on 7/27/2018 ORDERING the refund of plaintiff's filing fee ($400) as directed by the 7/17/2018 order, ECF No. 18 , shall be made by crediting Delia Dixon's credit card when she makes su ch request in person at this court's Clerk's Office intake counter. Should Delia Dixon fail to obtain the refund prior to the close of this case, the fee shall remain paid notwithstanding plaintiff's in forma pauperis status. (cc: Financial Dept.) (Yin, K)
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Filing
19
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Nathaniel Dixon signed by Magistrate Judge Allison Claire on 07/16/18. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Filing
16
ORDER adopting in full 12 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 6/7/18. Defendants Lieber and Virga are DISMISSED from this action for reasons set forth in ECF No. 8 .(Kastilahn, A)
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Filing
14
ORDER signed by Magistrate Judge Allison Claire on 05/30/18 DENYING 13 Motion for assistance. Plaintiff may, within 30 days after the date of this order, submit a completed application to proceed in forma pauperis. The Clerk of Court is directed to send plaintiff, together with a copy of this order, a blank form used by prisoners in this district for seeking in forma pauperis status. (Plummer, M) Modified on 5/31/2018 (Plummer, M).
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Filing
12
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/03/18 ORDERING Service is appropriate for defendants Oleachea, Sandoval and Hall. Within 90 days after the filing date of this order, plaintiff shall file with t he court allwaivers of service received by defendants and, if necessary, shall file a supported motion requesting the assistance of the United States Marshall to personally serve the remaining defendants. The Clerk of the Court is directed to send pl aintiff the following documents: (a) one copy of this order, (b) one copy of the endorsed first amended complaint filed August 3, 2016 (ECF No. 9), (c) onecopy of this courts form entitled Notice of Lawsuit and Request for Waiver of Service of Summon s (Form AO 398), (d) one copy of this courts form entitled Waiver of Service ofSummons (Form AO 399), and (e) a copy of the Local Rules of Court. Defendants shall reply to the complaint within the time provided in Federal Rules of Civil Procedure 4(d)(3) and 12(a). Also, RECOMMENDING that defendants Lieber and Virga be dismissed from this action for the reasons set forth at 8 . Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 5/4/2018 (Plummer, M).
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Filing
8
ORDER signed by Magistrate Judge Allison Claire on 06/29/16 denying 3 Motion to Appoint Counsel. Defendants Lieber and Virga are dismissed from this action without prejudice. Plaintiff shall within 30 days after service of this order, complete a nd file the attached Notice of Election, informing the court whether plaintiff chooses to proceed on his original complaint against defendants Oleachea, Sandoval and Hall, OR elects to proceed on aproposed First Amended Complaint, submitted together with the Notice of Election. If plaintiff elects to proceed on a newly submitted First Amended Complaint, the court will screen the new complaint pursuant to 28 U.S.C. § 1915A. (Plummer, M) Modified on 6/29/2016 (Plummer, M).
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