Alford v. Kernan, et al.
| David Patrick Alford |
| Scott Kernan, Schumaker, Robert Rudas, Evalyn Horowitz, Christopher Smith and David Smiley |
| 2:2016cv01305 |
| June 13, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Craig M. Kellison |
| Garland E. Burrell |
| 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
87
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/23 ADOPTING in full 86 Findings and Recommendations and DISMISSING this action without prejudice for lack of prosecution and failure to comply with court rules and orders. CASE CLOSED(Kastilahn, A)
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Filing
86
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 02/01/2023 RECOMMENDING that this action be dismissed without prejudice for lack of prosecution and failure to comply with court rules and orders. 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
85
ORDER signed by Magistrate Judge Dennis M. Cota on 12/20/2022 DIRECTING plaintiff to file their Status Report within 30 days after being served with this order with defendant's Status Report within 30 days of service of plaintiff's Status Report. (Coll, A)
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Filing
82
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 11/07/22 ORDERING the Custodian to produce by zoom video conference David Patrick Alford on 12/12/22 at 11:00 a.m. before Magistrate Judge Jeremy D. Peterson. 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, Sacrament and JDP)(Plummer, M)
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Filing
77
AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 8/03/22 ORDERING this shall smend the writ issued on 7/14/22. The Custodian shall produce by zoom video conference David Patrick Alford on 8 /29/22 at 11:00 a.m. before Magistrate Judged Jeremy D. Peterson. 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 and JDP)(Plummer, M)
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Filing
75
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 7/14/2022 ORDERING the custodian to produce David Patrick Alford AH-4587, by Zoom video conference from his place of confinement, before Magistrate Judge Jeremy D. Peterson, on 8/31/2022 at 10:00 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; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Nic Cannarozzi. (cc: JDP, I.T. Dept., ADR) (Yin, K)
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Filing
74
ORDER signed by Magistrate Judge Jeremy D. Peterson on 04/06/22 SETTING Zoom Settlement Conference for 8/31/2022 at 10:00 AM before Magistrate Judge Jeremy D. Peterson with a telephonic pre-settlement conference set for 8/24/2022 at 02:00 PM. Confidential settlement conference statements due by 08/17/22. (Benson, A.) Modified on 4/7/2022 (Benson, A.).
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Filing
73
ORDER APPOINTING LIMITED PURPOSE COUNSEL FOR SETTLEMENT signed by Chief District Judge Kimberly J. Mueller on 10/19/21 APPOINTING counsel Alexander L. Nowinksi and Allison M. Nye for the limited purpose of assisting plaintiff with preparing for and p articipating in a settlement conference; the appointment will terminate 15 days after completion of the settlement conference, or any continuation of the settlement conference. The parties are directed to contact Sujean Park to arrange for a settlement conference to be scheduled. Clerk to serve this order on Alexander L. Nowinski and Allison M. Nye, Kennaday Leavitt PC, 621 Capitol Mall, Suite 2500,Sacramento, CA 95814 (cc: VDRP). (Benson, A.) .
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Filing
72
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/27/21 ADOPTING IN PART 67 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 49 Motion for Summary Judgment. This matter is referred to the administrator of this District's pro bono panel of attorneys, Sujean Park Castelhano, for identification of a potential attorney. (Kaminski, H)
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Filing
69
ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 68 Motion for Extension of Time. Plaintiff may file objections to 67 Findings and Recommendations within 30 days of the date of this order. (Henshaw, R)
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Filing
67
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 3/25/2021 RECOMMENDING defendants' 49 motion for summary judgment be granted. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
63
ORDER signed by Magistrate Judge Dennis M. Cota on 10/16/20 DENYING 58 Motion for referral to the alternative dispute resolution program. (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Dennis M. Cota on 9/29/2020 DENYING AS MOOT 60 Motion for Extension of Time. (Huang, H)
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Filing
59
ORDER signed by Magistrate Judge Dennis M. Cota on 09/24/20 ORDERING defendants shall file a response, indicating whether they are amenable to entering into alternative dispute resolution, within 7 days of the date of this order. In the event Defendants decline to enter into alternative dispute resolution, Plaintiffs response to Defendants pending motion for summary judgment 49 shall be due within 30 days of the date of service of Defendants response.(Plummer, M)
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Filing
56
ORDER signed by Magistrate Judge Dennis M. Cota on 7/22/2020 GRANTING 55 Motion for Extension of Time. Petitioner to file a response to 49 Motion for Summary Judgment by 9/21/2020. (Henshaw, R)
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Filing
54
ORDER signed by Magistrate Judge Dennis M. Cota on 05/21/2020 GRANTING 52 Motion for Extension of Time. Petitioner shall file a response to defendant's summary judgement motion by 7/15/2020. (Tupolo, A)
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Filing
46
ORDER signed by Magistrate Judge Dennis M. Cota on 09/06/19 DENYING 38 Motion for Extension of time and STRIKING 41 reply filed on 6/27/19; GRANTING 42 Motion for Extension of time; DENYING 37 , 43 Motions to Appoint Counsel. Plaintiff sha ll serve responses to defendants' discovery requests within 30 days of the date of this order. The court sua sponte extends the discovery cut-off date and dispositive motion filing deadlines established in the 6/05/19 scheduling order each by 60 days. (Plummer, M) Modified on 9/6/2019 (Plummer, M).
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Filing
28
ORDER signed by Magistrate Judge Dennis M. Cota on 10/24/2018 STRIKING 21 Second Amended Prisoner Civil Rights Complaint. Plaintiff's first amended complaint will be addressed by separate order. (Huang, H)
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Filing
22
ORDER signed by District Judge Garland E. Burrell, Jr on 9/28/17 ORDERING that the findings and recommendations filed 3/13/13, are ADOPTED in full with respect to plaintiff's motion for injunctive relief; Plaintiff's motion for injunctive relief 3 is DENIED; and the matter is referred back to the Magistrate Judge for further proceedings. (Becknal, R)
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Filing
19
ORDER signed by Magistrate Judge Craig M. Kellison on 8/2/2017 GRANTING 18 Motion for Extension of Time. Plaintiff to file amended complaint within 30 days of the date of this order. (Henshaw, R)
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Filing
17
ORDER signed by Magistrate Judge Craig M. Kellison on 6/22/2017 DENYING plaintiff's 15 motion for the appointment of counsel; DENYING as unnecessary plaintiff's 16 motion for leave to amend; and plaintiff may file an amended complaint within 30 days. (Yin, K)
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Filing
10
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 03/10/17 recommending that defendants Kernan, Doe, Smith and Smiley be dismissed from this action. Plaintiff's motion for injunctive relief 3 be denied. MOTION for PRELIMINARY INJUNCTION 3 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
5
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 6/28/16 GRANTING 2 Motion to Proceed IFP; ORDERING the Director of the CDC to collect and forward payment from the trust account of David Patrick Alford and forwa rd payment to the court until the balance is paid 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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