Sekona v. Custino, et al.
Plaintiff: Etuate Sekona
Defendant: F. Custino, F. Angle, L. Snow and J. Charon
Case Number: 2:2016cv00517
Filed: March 10, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Craig M. Kellison
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
June 20, 2023 Opinion or Order Filing 222 ORDER signed by District Judge Troy L. Nunley on 6/16/23 REVOKING Plaintiff's in forma pauperis status on appeal. The Clerk is directed to serve this Order on the Ninth Circuit Court of Appeals in Case No. 23-15848. (cc: USCA)(Kastilahn, A)
May 11, 2023 Opinion or Order Filing 214 ORDER signed by District Judge Troy L. Nunley on 05/10/23 ADOPTING 209 Findings and Recommendations in full and DISMISSING this action without prejudice for lack of prosecution and failure to comply with court orders; DENYING 206 Request for Trial date as MOOT. CASE CLOSED (Benson, A.)
January 5, 2023 Opinion or Order Filing 209 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 01/05/23 RECOMMENDING that this action be dismissed,without prejudice, for lack of prosecution and failure to comply with court rules and orders. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Licea Chavez, V)
November 15, 2022 Opinion or Order Filing 208 ORDER signed by Magistrate Judge Dennis M. Cota on 11/14/22 GRANTING 202 Motion for Extension of Time to File Status Report. Plaintiff's Status Report is due within 30 days. (Woodworth, M.)
September 30, 2022 Opinion or Order Filing 204 ORDER signed by District Judge Troy L. Nunley on 9/29/22 ADOPTING 200 Findings and Recommendations and DENYING 178 Motion for Terminating Sanctions, 185 , 187 Motions for Sanctions, 196 Motion for Judgment on the Pleadings. The matter is referred back to the assigned magistrate judge for preparation of a pre-trial order. (Kaminski, H)
August 22, 2022 Opinion or Order Filing 200 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 08/22/22 RECOMMENDING that defendant's motion for terminating sanctions 178 be denied. Plaintiff's motions for sanctions 185 , 187 be denied. Plaintiff's motion for judgment on the pleadings 196 be denied. Motions 178 , 185 , 187 , 196 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
July 7, 2022 Opinion or Order Filing 198 ORDER signed by Magistrate Judge Dennis M. Cota on 7/6/2022 DENYING defendant's 179 motion to stay as unnecessary because, as explained in the accompanying order, the Court will re-set the only remaining deadline - submission of status reports - to 30 days from the Court's final ruling on the motion for terminating sanctions. (Yin, K)
December 28, 2021 Opinion or Order Filing 192 ORDER signed by Magistrate Judge Dennis M. Cota on 12/28/21 DENYING 186 Motion to Appoint Counsel. (Plummer, M)
November 19, 2021 Opinion or Order Filing 182 ORDER signed by Magistrate Judge Dennis M. Cota on 11/19/21 GRANTING 181 Request for Extension of Time. Defendant may file and serve their status response thirty days after the Court rules on Defendant's pending motion for terminating sanctions, if still necessary. (Plummer, M)
November 5, 2021 Opinion or Order Filing 180 ORDER signed by Magistrate Judge Dennis M. Cota on 11/05/21 DENYING 173 Motion to Appoint Counsel. (Plummer, M)
September 9, 2021 Opinion or Order Filing 169 ORDER signed by Magistrate Judge Dennis M. Cota on 9/9/2021 ORDERING plaintiff's status report shall be filed and served within 30 days. Defendant's status report shall be filed within 30 days after service of plaintiff's status report. The Clerk shall mail to all parties the form "Consent to Proceed Before United States Magistrate Judge," together with the instant order. (Yin, K)
April 12, 2021 Opinion or Order Filing 168 ORDER signed by Magistrate Judge Dennis M. Cota on 4/12/21 DENYING 165 , 167 Motions to Appoint Counsel. (Plummer, M)
December 8, 2020 Opinion or Order Filing 166 ORDER signed by District Judge John A. Mendez on 12/7/2020 ADOPTING the findings and recommendations filed 9/10/2020, in full; and DENYING Defendant's motion for judgment on the pleadings, ECF No. 154 .(Becknal, R)
September 10, 2020 Opinion or Order Filing 163 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 09/10/20 RECOMMENDING that defendant's motion for judgment on the pleadings 154 be denied. Motion 154 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
March 31, 2020 Opinion or Order Filing 161 ORDER signed by Magistrate Judge Dennis M. Cota on 03/30/20 GRANTING 153 Motion for leave to file a motion for judgment on the pleadings and GRANTING 156 Motion for Extension of time to file an opposition to defendants motion. Defendants motion for judgment on the pleadings, 154 , is deemed properly filed. Plaintiffs opposition to defendants motion, 158 and 159 is deemed timely. (Plummer, M) Modified on 3/31/2020 (Plummer, M).
January 2, 2020 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Dennis M. Cota on 1/02/20 ORDERING plaintiff's status report shall be filed and served within 30 days from the date of service of this order. Defendants' status report shall be filed within 30 days after service of plaintiff's status report. The clerk of the court is directed to mail to all parties the form "Consent to Proceed before United States Magistrate Judge," together with the instant order. (Plummer, M)
November 21, 2019 Opinion or Order Filing 143 ORDER signed by District Judge John A. Mendez on 11/21/19 ADOPTING 139 Findings and Recommendations in full; Defendants' Motion for Summary Judgment 118 is DENIED as to Plaintiff's Eighth Amendment safety claim against Defendant Cust ino; Defendants Motion for Summary Judgment 118 is GRANTED as to Plaintiff's Fourteenth Amendment due process claim against Defendant Snow; Plaintiff's Motion for Summary Judgment 127 is DENIED in its entirety. Judgment is GRANTED in favor of defendant Snow as a matter of law; and This matter shall proceed on Plaintiff's Eighth Amendment safety claim against defendant Custino only. (Mena-Sanchez, L)
October 3, 2019 Opinion or Order Filing 141 ORDER signed by Magistrate Judge Dennis M. Cota on 10/02/19 DENYING 138 Motion to Appoint Counsel and DENYING 137 Motion for a settlement conference. (Plummer, M)
September 4, 2019 Opinion or Order Filing 139 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 9/4/2019 RECOMMENDING 118 Motion for Summary Judgment be denied as to plaintiff's 8th Amendment safety claim against defendant Custino; 118 Motion for Summary Judgment be granted as to plaintiff's 14th Amendment due process claim against defendant Snow; 127 Motion for Summary Judgment be denied in its entirety; judgment be granted in favor of defendant Snow as a matter of law; and this matter proceed on plaintiff's 8th Amendment safety claim against defendant Custino only. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
July 30, 2019 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Dennis M. Cota on 7/29/19 DENYING as unnecessary 114 Plaintiff's "Motion for Settlement Offer". GRANTING Plaintiff's 123 motion for an extension of time to file his dispositive and plaintiff 's motion for summary judgment is deemed timely. DENYING 130 Plaintiff's renewed motion for the appointment of counsel. DENYING 131 Plaintiff's renewed motion for a Tongan interpreter. DENYING 133 Plaintiff's motion for an extension of time to file a renewed motion to compel. DENYING as untimely 135 Plaintiff's renewed motion to compel. (Kastilahn, A)
June 27, 2019 Opinion or Order Filing 129 ORDER signed by Magistrate Judge Dennis M. Cota on 06/27/19 DENYING 124 Motion to Appoint Counsel. (Plummer, M)
May 29, 2019 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Dennis M. Cota on 5/29/2019 ORDERING parties to submit confidential statements as described in this order within 30 days from the date of this order. (cc: ADR) (Henshaw, R)
May 17, 2019 Opinion or Order Filing 117 ORDER signed by District Judge John A. Mendez on 5/17/19 ADOPTING 98 FINDINGS AND RECOMMENDATIONS and DENYING 84 Motion for Summary Judgment. (Kaminski, H)
March 26, 2019 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Dennis M. Cota on 3/26/19 DENYING Plaintiff's 106 Motion. (Mena-Sanchez, L)
February 27, 2019 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Dennis M. Cota on 02/27/19 DENYING 105 Motion to Appoint Counsel. (Plummer, M)
February 4, 2019 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Dennis M. Cota on 02/04/19 ORDERING defendants request to conduct Plaintiff Etuate Sekonas deposition via videoconference 100 is granted. Nothing in this Order shall be interpreted as requiring the institution in which Plaintiff is housed to obtain videoconferencing equipment if it is not already available. (Plummer, M)
January 23, 2019 Opinion or Order Filing 98 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/22/2019 RECOMMENDING 84 Motion for Summary Judgment be denied. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
January 17, 2019 Opinion or Order Filing 97 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/16/19 RECOMMENDING that plaintiff's motion for injunctive relief 85 be denied. Motion for injunctive relief 85 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
January 10, 2019 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Dennis M. Cota on 1/9/2019 DENYING 91 Motion to Appoint Counsel. (Huang, H)
January 9, 2019 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Dennis M. Cota on 1/9/2019 GRANTING 86 and 89 Motions for Extension of Time. 90 Oppositions to Motions for Summary Judgment and to Stay Discovery are deemed timely. 83 Motion to Stay Discovery is GRANTED. Discovery is STAYED pending resolution of 84 Motion for Summary Judgment. (Huang, H)
October 30, 2018 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Dennis M. Cota on 10/29/18 DENYING 76 Motion to Appoint Counsel. (Plummer, M)
September 27, 2018 Opinion or Order Filing 73 ORDER signed by District Judge John A. Mendez on 9/27/18 ADOPTING 67 FINDINGS AND RECOMMENDATIONS, GRANTING 71 Motion to dismiss and DENYING 60 Motion for injunctive relief. (Kaminski, H)
July 20, 2018 Opinion or Order Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 7/19/18 RECOMMENDING that defendants Charon and Angle be dismissed with prejudice. Plaintiff's motion for injunctive relief 60 be denied. Motion for Temporary Restraining Order 60 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 13, 2018 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Craig M. Kellison on 07/12/18 ORDERING the Clerk of the Court is directed to randomly assign a District Judge and to update the docket to reflect the new case number. U.S District Judge John A. Mendez randomly assigned to this action. The new case number is 2:16-cv-0517 JAM CMK (PC). (Plummer, M)
June 23, 2017 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Craig M. Kellison on 6/22/2017 DENYING plaintiff's 31 , 32 , 33 , 35 , 36 , 37 , 38 , 39 , 40 , 46 , 47 , 48 , 50 , 51 , 52 , 53 motions for the reasons discussed in this order; and plaintiff may file an amended complaint within 30 days. (Yin, K)
February 3, 2017 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Craig M. Kellison on 2/3/2017 DENYING plaintiff's 11 motion for an order directing the USM to effect service of proces is DENIED; and plaintiff may file a first amended complaint within 30 days. (Yin, K)
June 22, 2016 Opinion or Order Filing 15 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Etuate Sekona signed by Magistrate Judge Craig M. Kellison on 6/22/2016. Plaintiff's 2 motion to proceed IFP is GRANTED. CDCR shall collect an initial partial filing fee and t hereafter 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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Plaintiff: Etuate Sekona
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Defendant: F. Custino
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Defendant: F. Angle
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Defendant: L. Snow
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Defendant: J. Charon
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