Hardney v. Warren et al
| John Hardney |
| R. Warren, J. Ngo, A. Pogue, A. Hickman, E. Brazil, M. Winkfield, J. Kumeh, W. Almodovar, J. Hernandez, J. Lizarraga, J. Beard and E. Whitlock |
| 2:2016cv00172 |
| January 27, 2016 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Garland E. Burrell |
| 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
186
ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/18/2024 DENYING the 182 Motion for Legal Property as moot. (Spichka, K.)
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Filing
184
ORDER AND WRIT FOR HABEAS CORPUS AD TESTIFICANDUM BY VIDEO CONFERENCE signed by Magistrate Judge Jeremy D. Peterson on 9/9/2024 ORDERING the Custodian to produce by zoom video conference, John Hardney on 10/31/2024 at 9:00 AM 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 the Court is directed to serve a copy of this order and writ on the custodian. (cc: ADR, AC) (Huang, H)
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Filing
173
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/22/24 ADOPTING in full 163 Findings and Recommendations and DENYING 154 plaintiff's motion for leave to amend. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)
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Filing
170
ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/3/2023 GRANTING 169 Motion for Extension of Time. Plaintiff is GRANTED until 10/23/2023 to file objections to 163 Findings and Recommendations. Absent extraordinary circumstances, no further extensions of time will be granted. 167 Motion for the Return of Legal Materials is DENIED. The Clerk of Court is DIRECTED to send a copy of this order to the litigation coordinator at MCSP. (Huang, H)
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Filing
166
ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/22/2023 GRANTING IN PART 164 Motion for Extension of Time. Plaintiff is granted until 9/21/2023, to file objections to the 7/31/2023 findings and recommendations. Absent extraordinary circumstances, no further extensions of time will be granted. (Cannarozzi, N)
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Filing
163
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/28/2023 ORDERING that the 7/14/2023 162 order, is vacated. Plaintiff's 157 Motion for a trial date, is DENIED without prejudice to refiling once the District Judge rules on the pending Findings and Recommendations. Further, it is hereby RECOMMENDED that Plaintiff's 154 Motion for Leave to Amend, be denied. These Findings and Recommendations are submitted to Chief District Judge Kimberly J. Mueller; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
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Filing
162
ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/13/2023 DENYING 154 Motion to Amend. (Huang, H)
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Filing
158
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/6/23 ADOPTING in full 152 Findings and Recommendations and DENYING 135 defendants' Motion for Summary Judgment. In light of plaintiff's 154 pending motion to amend, this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)
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Filing
156
ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/23/2023 DENYING, without prejudice, plaintiff's 145 motion for appointment of counsel and 149 motion to set this case for a settlement conference. (Yin, K)
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Filing
152
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/02/2022 RECOMMENDING that the 135 Motion for Summary Judgment be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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Filing
150
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/6/2022 DECLINING to Adopt 144 Findings and Recommendations. This matter is referred back to the assigned Magistrate Judge Jeremy D. Peterson for further development of the qualified immunity analysis at page 8, lines 9-14. The balance ofthe findings and recommendations may be resubmitted without change.(Perdue, C.)
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Filing
144
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 3/4/2022 GRANTING 138 Motion to Strike; STRIKING 136 Document; ORDERING Clerk to restrict from public view the PDF attached to docket entry ECF No. 136 and RECOMMENDING 135 Motion for Summary Judgment be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days of the service of these findings and recommendations. (Henshaw, R)
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Filing
137
ORDER signed by Magistrate Judge Jeremy D. Peterson on 07/21/2021 DENYING 136 Request for Arbitration Resolution. Plaintiff must file an Opposition or Statement of Non-Opposition to defendants' Motion for Summary Judgment by no later than 07/30/2021. (Rodriguez, E)
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Filing
134
ORDER signed by Magistrate Judge Jeremy D. Peterson on 06/01/21 ORDERING that all dispositive motions shall be filed by no later than July 9, 2021.(Plummer, M)
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Filing
130
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Jeremy D. Peterson on 4/06/21 ORDERING the Custodian to produce John Hardney by zoom video conference on 5/06/21 at 9:30 a.m. before Magistrate Judge Dennis M. Cota. T he 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 and DMC) (Plummer, M)
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Filing
129
ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/4/2021 SETTING a Settlement Conference for 5/6/2021 at 09:30 AM before Magistrate Judge Dennis M. Cota; ORDERING at least 30 days prior to the settlement conference, parties to provide Judge Cota's Courtroom Deputy the email contact information for all of the parties that will be appearing at the settlement conference; ORDERING at least 7 days prior to the settlement conference, each party to submit a confidential settlement statement to Magistrate Judge Cota; and VACATING the 2/13/2020 discovery and scheduling order's deadline for filing dispositive motions. (cc: ADR & DMC) (Henshaw, R)
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Filing
124
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/25/21 ADOPTING 122 Findings and Recommendations in full; DENYING 118 Motion for Transfer. This matter is REFERRED back to the assigned magistrate for all further pretrial proceedings. (Zignago, K.)
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Filing
122
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 11/9/2020 RECOMMENDING plaintiff's 118 motion for transfer be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
119
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/2020 GRANTING 114 Motion to Compel as to interrogatory nos. 11 and 21 and denied in all other respects. Brazil to serve Plaintiff with a further response to interrogatory nos. 11 and 21 within 30 days from the date of service of this order. (Henshaw, R)
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Filing
112
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/2020 GRANTING 108 Motion to Compel as to interrogatory no. 4 directed to defendant Kumeh and denied in all other respects. Kumeh to serve Plaintiff with a further response to interrogatory no. 4 within 30 days from the date of this order. (Henshaw, R)
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Filing
111
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/17/2020 CONFIRMING 83 the order adopting in full the findings and recommendations and TERMINATING 102 Motion to Vacate. In response to defendants' response to plaintiff's Motion to Vacate 105 , at 1-2, the court CLARIFIES that plaintiff's 86 Motion for Reconsideration is no longer pending. The Clerk is to re-serve a copy of the findings and recommendations on plaintiff. (Kastilahn, A)
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Filing
109
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/06/20 GRANTING 100 Motion to Modify the Discovery and Scheduling Order. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 served on or before April 26, 2020, are deeme d timely served, nunc pro tunc. Defendants shall have thirty days from the date of this order to respond to any writtendiscovery served by plaintiff that is now deemed timely served; GRANTING 103 Motion for Extension of Time nunc pro tunc; GRANTIN G 104 Motion to modify the scheduling order. The discovery deadline is extended to September 19, 2020, for the limited purpose of allowing defendants to take plaintiffs deposition; and the dispositive motion deadline is extended to December 4, 2020. (Plummer, M)
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Filing
83
ORDER ADOPTING 82 Findings and Recommendations signed by Chief District Judge Kimberly J. Mueller on 01/14/20 GRANTING IN PART 75 Motion to Dismiss. The excessive force claims against defendants Pogue and Hickman and the failure to intervene cla im against defendant Almodovar are DISMISSED; the motion is DENIED in all other respects. Plaintiff's 78 Motion for injunctive relief is DENIED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)
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Filing
82
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/12/19 RECOMMENDING that defendants' motion to dismiss 77 be granted in part. The excessive force claims against defendants Pogue and Hickman and the failure to in tervene claim against defendant Almodovar be dismissed for the reasons stated supra. The motion be denied in all other respects. Plaintiff's motion for injunctive relief 78 be denied. Motions 75 and 78 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
73
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/19 GRANTING 71 Motion to lift the stay. Further, defendants are granted an extension of time, to and including August 19, 2019, within which to file a responsive pleading in this case. In the event defendants respond to the complaint with an answer, the court will promptly issue a discovery and scheduling order. The Clerk of the Court shall terminate ECF Nos. 71 and 72 . (Plummer, M)
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Filing
68
ORDER signed by District Judge Kimberly J. Mueller on 3/19/2019 ADOPTING 66 findings and recommendations in full. Plaintiff's 63 motion for temporary restraining order is DENIED. (Zignago, K.)
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Filing
66
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/24/19 RECOMMENDING that the 12/06/18 motion for a temporary restraining order 63 be denied. Motion for Temporary Restraining Order 63 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
55
ORDER signed by District Judge Kimberly J. Mueller on 7/31/18, ORDERING that defendants have seven days to file a response to 50 Order, updating the court as to the status of plaintiff's criminal case. If no response is received, the stay will be automatically lifted. (Kastilahn, A)
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Filing
50
ORDER signed by District Judge Kimberly J. Mueller on 6/25/2018 ADOPTING 49 Findings and Recommendations in full and GRANTING 41 Motion to Stay. This case is STAYED pending the resolution of plaintiff's criminal case; and Defendants are DIRECTED to file a status report, within 90 days of this order, updating the court as to the status of plaintiff's criminal case. (York, M)
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Filing
49
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/10/2018 RECOMMENDING 41 Motion to Stay be granted, this case be stayed pending resolution of Plaintiff's criminal case, and Defendants be directed to file a status report, within 90 days of any order adopting this recommendation, updating the court as to the status of Plaintiff's criminal case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
48
ORDER signed by District Judge Garland E. Burrell, Jr on 04/23/18 ADOPTING 44 the FINDINGS and RECOMMENDATIONS. Plaintiff's 1/08/18 motion for a temporary restraining order 24 is DENIED. (Plummer, M)
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Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/15/18 RECOMMENDING that his January 8, 2018 motion for a temporary restraining order 24 be denied. Motion for Temporary Restraining Order 24 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
34
[DISREGARD - DUPLICATIVE ORDER; SEE 30 ORDER] ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2018 DIRECTING Defendants to file an opposition or a statement of non-opposition to 24 Motion for Preliminary Injunction within 21 days of the date of this order. (Fabillaran, J)
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Filing
30
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/25/2018 DIRECTING defendants to file an opposition or a statement of non-opposition to the 24 motion for preliminary injunction within 21 days. (Yin, K)
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Filing
21
ORDER signed by District Judge Garland E. Burrell, Jr. on 12/11/2017 ADOPTING 16 Findings and Recommendations in full and DENYING 12 and 14 Motions for Preliminary Injunctions. (York, M)
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Filing
16
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/12/2017 ORDERING that service is appropriate for W. Almodovar, E. Brazil, A. Hickman, J. Kumeh, A. Pogue on the Eighth Amendment claim. All other claims and defe ndants are DISMISSED with leave to amend within 30 days, plaintiff is not obligated to amend his complaint. The Clerk shall send plaintiff forms for service which may be completed within 30 days. Plaintiff shall return the Notice of Submission or Amendment with response. IT IS RECOMMENDED that plaintiff's 12 , 14 motions for the return of his legal property, construed as motions for preliminary injunctions, be denied. Motions referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John Hardney signed by Magistrate Judge Edmund F. Brennan on 3/23/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to t he 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
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/16 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
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