Bivins v. Ju et al
| Joseph Bivins |
| Ju, Paramvir S. Sahota and L. D. Zamora |
| 2:2016cv00389 |
| February 23, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Morrison C. England |
| 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
97
ORDER signed by Senior Judge Morrison C. England, Jr. on 3/31/2021 ADOPTING IN FULL 81 Findings and Recommendations and GRANTING 71 Motion for Summary Judgment. This action is terminated. CASE CLOSED. (Tupolo, A)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/2021 GRANTING plaintiff 60 days from the date of this order in which to file objections to the findings and recommendations. (Yin, K)
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Filing
94
ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/20 GRANTING 90 Request for Reconsideration; DENYING 90 request for appointment of counsel. Plaintiff is granted forty-five days from the date of this order in which to file objections to the 81 findings and recommendations.(Plummer, M)
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Filing
91
ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/2020 ORDERING Counsel for Defendants to file a response as set forth in this order within 14 days from the date of this order. (Henshaw, R)
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Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 08/18/20 DENYING 88 Motion to Appoint Counsel. Plaintiff is granted 60 days in which to file objections to the findings and recommendations. (Plummer, M)
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Filing
86
ORDER signed by Magistrate Judge Kendall J. Newman on 07/06/20 DENYING 82 Motion to Appoint Counsel. Plaintiff is granted 30 days from the date of this order in which to file objections to the April 14, 2020 findings and recommendations. (Plummer, M)
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Filing
81
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/13/20 GRANTING 79 Motion to Strike; STRIKING 77 plaintiff's sur-reply; and DENYING 76 Request for judicial notice. Also, RECOMMENDING Defendants motion for summary judgment 71 be granted; and this case be terminated. Motion 71 referred to Judge Morrison C. England Jr. Objections due within 30 days. (Plummer, M)
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Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2019 ORDERING that within twenty-one days from the date of this order, plaintiff shall submit a copy of page 12 from his 72 opposition to defendants' motion for summary judgment.(Becknal, R)
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Filing
68
ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2019 GRANTING defendant's 67 request for a modification of the Discovery and Scheduling Order; and the dispositive motion deadline is continued to 9/30/2019. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 05/01/19 DISREGARDING 62 plaintiff's opposition. (Plummer, M)
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Filing
57
ORDER signed by District Judge Morrison C. England, Jr on 1/2/2019 ADOPTING in FULL 53 Findings and Recommendations; Dr. Moon is DISMIISSED without prejudice. (Washington, S)
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Filing
53
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/06/18 ORDERING service is appropriate for Dr. Borges. The clerk of the court shall send plaintiff 1 summons, 1 USM-285 form, 1 instruction sheet and a copy of the second amended complaint 52 to be completed and returned within 30 days. Also, RECOMMENDING that Dr. Moon be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
50
ORDER ADOPTING 48 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/17/18 GRANTING 38 Motion for Summary Judgment and DISMISSING Dr. Jeu/Ju without prejudice. Within 30 days, plaintiff may file an amended complaint against Dr. Borges. (Benson, A.)
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Filing
48
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/14/2018 DECLINING to address plaintiff's unauthorized 42 "amended opposition" and RECOMMENDING 38 Motion for Summary Judgment be granted, Dr. Jeu be dismissed from this action without prejudice, and within 30 days from the date of any order adopting these findings and recommendations, plaintiff may file an amended complaint against Dr. Borges. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
46
ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2018 DENYING as moot 44 Motion for Extension of Time; STRIKING 41 Opposition; ORDERING 45 Opposition be deemed timely-filed; DIRECTING Clerk of Court to detach exhibits to plaintiff� 39;s motions for judicial notice, ECF No. 42 at 2-40 and ECF No. 43 at 2-40, and append them as exhibits to 45 Opposition as ECF Nos. 45-1 and 45-2, respectively; STRIKING 42 and 43 Motions for Judicial Notice; and GRANTING defendants 14 days from the date of this order in which to file and serve a reply, if any. (Henshaw, R)
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Filing
37
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/17 GRANTING 34 Defendants' motion. The 12/15/17 pretrial motions deadline is extended to 12/22/17. (Plummer, M)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 7/5/2017 ORDERING 31 is placed in the file and disregarded. (Henshaw, R)
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Filing
30
ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/2017 DENYING without prejudice plaintiff's 27 motion for settlement conference. (Yin, K)
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Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2017 GRANTING 25 defendants' motion to opt out; LIFTING 18 stay of this action; VACATING the 5/10/2017 settlement conference; and VACATING 24 writ of habeas corpus ad testificandum. Defendant Dr. Ju to file a responsive pleading within 30 days from the date of this order. (Henshaw, R) (cc: out-of-court desk, CSP - Sacramento)
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Filing
24
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/21/17 ordering the Custodian to produce Joseph Bivins on 5/10/17 at 9:30 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
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Filing
18
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 90 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy, Matt Caspar, within 3 0 days to schedule a settlement conference. 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) signed by Magistrate Judge Kendall J. Newman on 1/30/17. (Dillon, M)
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Filing
17
ORDER signed by District Judge Morrison C. England, Jr. on 1/25/2017 ADOPTING IN FULL 15 Findings and Recommendations; DISMISSING Defendants Paramvir S. Sahota, L. D. Zamora without prejudice. (Michel, G.)
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Filing
15
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2016 RECOMMENDING defendants Sahota and Zamora be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
10
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph Bivins signed by Magistrate Judge Kendall J. Newman on 10/21/2016. 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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Filing
5
ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/16 ORDERING that plaintiff shall submit, within 30 days, 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; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed; and 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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