Harris v. Macomber et al
| Grady Harris |
| Jeff Macomber, K. Rose, J. Munoz, M. Fong, S. Williamson, D. Calderon, M. Thompson, E. Cervantes, T. Fuller, D. Leavitt, Bobbala and L. Daciois |
| 2:2016cv00830 |
| April 21, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
203
ORDER signed by Magistrate Judge Sean C. Riordan on 10/31/2024 WITHDRAWING the 200 Motion for the Location of Witnesses for Trial. Plaintiff's 190 & 202 Motion for a waiver of the requirement that plaintiff prepay witness fees and expense s will be decided after plaintiff submits additional information. Within 21 days, Plaintiff shall filed a record of his prison trust fund account for the past 6 months and an explanation of whether he has access to any other funds to pay witness fees , and if not, why not. Within 21 days, Defendants shall respond to Plaintiff's 193 , 194 , and 202 Motions for the Attendance of Witnesses and within 10 days of the service of Defendants' response, Plaintiff may file a reply. Within 14 days, Defendants shall file the statement described in this order regarding the detention status of potential witness Nathan Carlson. (Spichka, K.)
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Filing
191
ORDER signed by Magistrate Judge Deborah Barnes on 6/24/2024 DENYING 190 Motion for Reconsideration. (Huang, H)
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Filing
189
ORDER signed by Magistrate Judge Deborah Barnes on 5/29/2024 GRANTING 188 Motion for Clarification, and AMENDING 185 Order to specify that, absent another court order or the approval of an authorized prison representative, plaintiff may communicate with the 4 inmate witnesses identified in 185 Order only by written correspondence. (Huang, H)
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Filing
183
ORDER signed by Magistrate Judge Deborah Barnes on 3/11/2024 DENYING 173 Plaintiff's Motion for witness locations as moot. (Mena-Sanchez, L)
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Filing
181
ORDER signed by Magistrate Judge Deborah Barnes on 2/2/2024 ORDERING the Warden, litigation coordinator, and other correctional staff as needed at HDSP, shall facilitate a confidential telephone call between Grady Harris and court representatives Kaila Fayne & Nicole Kuklo, in accordance with this order. The Clerk shall serve this order by fax and email on the Warden and Litigation Coordinator at HDSP.(Yin, K)
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Filing
180
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Deborah Barnes on 01/04/2024 DIRECTING the Warden of High Desert State Prison to produce Grady Harris, #V-28461, on 2/29/2024 at 1:30 PM via Zoom videoconference before Magistrate Judge Jeremy D. Peterson. (cc: ADR, JDP) (Spichka, K.)
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Filing
179
ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/11/2023 SETTING a Settlement Conference by Zoom before Magistrate Judge Jeremy D. Peterson on 2/29/2024 at 1:30 PM. Confidential Settlement Conference Statements due no later than 2/22/2024. (cc: ADR, JDP) (Spichka, K.)
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Filing
178
ORDER signed by Magistrate Judge Deborah Barnes on 12/8/2023 SETTING this case for a Settlement Conference before Magistrate Judge Jeremy D. Peterson, by Zoom video conference, on 2/29/2024 at 01:30 PM, and STAYING this case until 30 days after the settlement conference. (cc: JDP, ADR) (Yin, K)
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Filing
161
ORDER signed by Magistrate Judge Deborah Barnes on 04/18/2023 DENYING the 157 Motion to Appoint Counsel and DENYING the 158 Motion for Pretrial Conference. If plaintiff wants assistance in locating inmate witnesses, within 10 days he shall file a statement with the names of witnesses. Within 10 days after plaintiff files his statement, defendants shall file a document explaining the incarceration status of each witness and listing the place of incarceration for any incarcerated witnesses. (Spichka, K.)
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Filing
146
ORDER signed by Magistrate Judge Deborah Barnes on 10/4/22 DENYING 134 Motion to Appoint Counsel without prejudice. (Her, S)
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Filing
145
ORDER signed by District Judge Troy L. Nunley on 9/29/22 ADOPTING 140 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 118 Motion for Summary Judgment. Defendants Calderon, Rose, Fuller, Cervantes, and Thompson are DISMISSED without prejudice. (Kaminski, H)
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Filing
141
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/7/2022 GRANTING 120 Motion for Extension of Time and RECOMMENDING that 121 Motion for Summary Judgment be granted in part and denied in part as follows: Sum mary judgment be granted on plaintiff's retaliation claim; and Summary judgment be denied on plaintiff's excessive force and failure to protect claims. Referred to District Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
133
ORDER signed by District Judge Troy L. Nunley on 7/6/2022 AFFIRMING 128 Order(Perdue, C.)
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Filing
132
ORDER signed by Magistrate Judge Deborah Barnes on 6/30/2022 DENYING 130 Motion for Reconsideration. (Mena-Sanchez, L)
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Filing
128
ORDER signed by Magistrate Judge Deborah Barnes on 4/4/2022 DENYING plaintiff's 117 motion to compel as untimely. (Yin, K)
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Filing
116
ORDER signed by Magistrate Judge Deborah Barnes on 12/06/21 GRANTING 115 Motion to Modify; Pretrial motions shall be filed by 02/08/22; in all other respects, the 113 Amended Discovery and Scheduling Order remains the same. (Benson, A.)
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Filing
112
ORDER signed by District Judge Troy L. Nunley on 7/7/21 ADOPTING in full 106 Findings and Recommendations. Plaintiff's due process claim is DISMISSED without leave to amend. Defendants are DIRECTED to respond to the Second Amended Complaint. (Kastilahn, A)
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Filing
106
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/9/2021 DENYING defendant's 81 motion for summary judgment, without prejudice; DENYING plaintiff's 101 motion for discovery and ORDERING the second a mended complaint states a cognizable: a. retaliation claim against defendants Munoz, Fong, Williamson, Calderon, Thompson, Fuller, Rose, Leavitt, and Velasquez; b. excessive force claim against defendants Munoz, Fong, Calderon, Thompson, and Willia mson; and c. failure to protect claim against defendants Leavitt, Rose, and Cervantes. Defendant Leavitt shall file an answer within 30 days. The remaining defendants may file an amended answer within 30 days. IT IS RECOMMENDED that plaintiff's due process claim be dismissed without leave to amend. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
105
ORDER signed by District Judge Troy L. Nunley on 5/3/21 ADOPTING in full 100 Findings and Recommendations and DENYING as moot 90 Defendant Leavitt's Motion to Dismiss. (Kastilahn, A)
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Filing
100
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/23/2021 RECOMMENDING that defendant Leavitt's 90 Motion to Dismiss be denied as moot. Motion referred to Judge Troy L. Nunley. Objections to F&R due within 21 days. (Zignago, K.)
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Filing
98
ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2020 WITHDRAWING defendants' 76 motion for sanctions per their 80 notice filed on 1/24/2020. The Clerk shall correct the docket per defendants' notice. (Yin, K)
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Filing
86
ORDER signed by District Judge Troy L. Nunley on 6/5/20 ADOPTING in part and REJECTING in part 62 Findings and Recommendations. Defendant Leavitt's Motion to Dismiss 34 is GRANTED in part and DENIED in part. Should Plaintiff wish to file an amended complaint, such complaint must be filed within thirty days of the electronic filing of this Order, and any amendment is limited to Plaintiff's First and Eighth Amendment claims against Defendant Leavitt, consistent with this Order. (Kaminski, H)
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Filing
78
ORDER signed by Magistrate Judge Deborah Barnes on 12/23/2019 GRANTING 77 Motion for Extension of Time. Dispositive motions to be filed within 30 days from the date of the court's ruling on 76 Motion for Sanctions. (Henshaw, R)
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Filing
73
ORDER signed by Magistrate Judge Deborah Barnes on 10/21/19 DENYING 70 Motion to Appoint Counsel and DENYING 71 Motion for the court clerk to issue subpoenas to prison officials. (Plummer, M)
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Filing
69
ORDER signed by Magistrate Judge Deborah Barnes on 09/24/19 ORDERING The courts September 19, 2019, order 66 granting defendants September 28, 2018, motion to compel includes defendants requests for production as well as defendants interrogatory r equests. Within 45days of September 19, 2019, plaintiff shall provide complete responses to defendants outstanding requests for production. Absent exigent circumstances, a request for an extension of time to comply with this order will not be granted . Upon receipt of this order, defense counsel Annakarina De La Torre-Fennell shall send plaintiff new copies of defendants requests for production that are currently at issue in order to eliminate any confusion regarding which of them remain to be properly answered by plaintiff. The discovery and dispositive motion deadlines stated in the courts September 19, 2019 order 66 remain in effect.(Plummer, M)
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Filing
66
ORDER signed by Magistrate Judge Deborah Barnes on 09/18/19 GRANTING 61 Motion to Compel. Within 45 days of the service date of this order, plaintiff shall provide complete responses to defendants outstanding interrogatories. Absent exigent circu mstances, a request for an extension of time to comply with this order will not be granted. Upon receipt of this order, defense counsel Anna De La Torre-Fennell shall send plaintiff new copies of defendants interrogatory requests that are currently a t issue in order to eliminate any confusion regarding which of them remain to be properly answered by plaintiff. The discovery deadline is extended to October 25, 2019, and the dispositive motion deadline is extended to November 29, 2019. (Plummer, M)
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Filing
62
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/22/2018 RECOMMENDING defendant Leavitt's 34 motion to dismiss be granted in part and denied in part as follows: a. the motion to dismiss plaintiff's, Sixth an d Fourteenth Amendment claims and his 42 U.S.C. § 1997 claims be GRANTED for failure to state claims upon which relief can be granted; and b. the motion to dismiss plaintiff's First and Eighth Amendment claims pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
60
ORDER signed by District Judge Troy L. Nunley on 9/10/18 ADOPTING 52 FINDINGS AND RECOMMENDATIONS: Defendants Jeff Macomber, Bobbala and L. Daciois are DISMISSED. (Kaminski, H)
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Filing
54
ORDER signed by Magistrate Judge Deborah Barnes on 05/07/18 DENYING 20 , 29 plaintiff's third and fourth motions to appoint counsel and/or motion for a guardian ad litem competency hearing and DENYING 21 Plaintiff's September 2017 motion seeking permission to begin discovery. (Plummer, M)
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Filing
48
ORDER signed by Magistrate Judge Deborah Barnes on 04/30/18 GRANTING 46 Motion to modify the discovery and scheduling order. The close of discovery and the dispositive motion deadline will be extended until 60 days after the court rules on defendant's request for ruling by District Judge on Order 37 . (Plummer, M)
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Filing
36
ORDER signed by Magistrate Judge Deborah Barnes on 2/14/2018 AMENDING 2/7/18 33 Order to include a grant to plaintiff of an extension of time until 3/16/2018 for plaintiff to respond to defendants' discovery requests. All amended discovery dates and deadlines in the court's 2/7/2018 Order are to remain on calendar. All other directives in the courts original 11/27/17 26 Discovery and Scheduling Order are to remain in full force and effect. (Fabillaran, J)
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Filing
15
ORDER signed by Magistrate Judge Deborah Barnes on 7/7/2017 ORDERING service is appropriate for D. Calderon, E. Cervantes, M. Fong, T. Fuller, D. Leavitt, J. Munoz, K. Rose, M. Thompson, S. Williamson. Defendants Jeff Macomber, Bobbala, and L. Dacio is are TERMINATED from this action. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. Plaintiff's 13 motion for an extension of time is DENIED as moot. Plaint iff's 14 renewed motion for GAL and to appoint counsel is DENIED without prejudice to its renewal with proper evidentiary support. The Office of the CA Attorney General is INSTRUCTED to (a) Contact the CSP-Sac Litigation Coordinator to dete rmine: i. Whether plaintiff currently has access to his mental health records; ii. Whether plaintiff has access to sufficient current medical documentation so that he can properly file a motion for GAL with evidentiary support. (b) Within twenty days after the filing date of this order, file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations. The Clerk shall serve a copy of this order on Ms. Monica Anderson. (cc: Monica Anderson) (Yin, K)
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Filing
12
ORDER signed by Magistrate Judge Deborah Barnes on 11/14/16 ORDERING that plaintiff's May 25, 2016, motion (ECF No. 9 ) is DENIED without prejudice to its renewal with proper evidentiary support. (Dillon, M)
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Filing
5
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 4/28/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of Grady Harris and forward payment to the court until the balance is p aid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
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