Davenport v. Gomez et al.
Plaintiff: James Davenport
Defendant: Gomez, E. Hernandez, M. Thompson, A. Ramirez and Lewis
Case Number: 2:2016cv01739
Filed: July 25, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kern
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 14, 2019 Opinion or Order Filing 38 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/14/19 RECOMMENDING that defendants motion for judgment on the pleadings 33 be granted; and this action be dismissed without prejudice. Motion for Judgment 33 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
November 6, 2018 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Kendall J. Newman on 11/6/2018 ORDERING, within 21 days, plaintiff shall file an opposition to the 33 motion for judgment on the pleadings. Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack of prosecution; and (b) action dismissed based on plaintiff's failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Yin, K)
September 21, 2018 Opinion or Order Filing 31 AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/21/2018 ORDERING the custodian to produce James Bobby Davenport P-78569, on 9/25/2018 at 1:30 p.m., to appear by videoconference, be fore Magistrate Judge Kendall J. Newman; 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 the Clerk to serve a copy of this order and writ on the Warden and fax a copy to the Litigation Coordinator. (cc: SAC I.T. Dept) (Yin, K)
August 16, 2018 Opinion or Order Filing 28 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 8/16/2018 ORDERING the custodian to produce James Bobby Davenport P-78569, to testify in USDC at 1:30 p.m. on 9/25/2018 in courtroom 25, before Magistrate Judge Kendall J. Newman; 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 the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
May 7, 2018 Opinion or Order Filing 22 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to sch edule 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 amended complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) signed by Magistrate Judge Kendall J. Newman on 5/7/2018. (Henshaw, R)
February 21, 2018 Opinion or Order Filing 17 ORDER signed by District Judge John A. Mendez on 2/21/2018 FINDINGS AND RECOMMENDATIONS 14 are ADOPTED in FULL; and Plaintiff's claims concerning eye care in April of 2015 and thereafter are DISMISSED without prejudice.(Reader, L)
February 13, 2018 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/2018 DIRECTING the Clerk to return the copy of the amended complaint without exhibits. Plaintiff shall submit to the court the six copies of the amended complaint required to effect service within 30 days. (Fabillaran, J)
January 18, 2018 Opinion or Order Filing 14 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/18/2018 ORDERING service is appropriate for defendants Ramirez, Lewis, Gomez, Hernandez, and Thompson. The Clerk shall send plaintiff five USM-285 forms, one su mmons, an instruction sheet and a copy of the 13 amended complaint without exhibits. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit service documents to the court. IT IS RECOMMENDED that plaintiff's claims concerning eye care in April of 2015 and thereafter be dismissed without prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
February 6, 2017 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/17 VACATING 10 Findings and Recommendations; Plaintiff is granted 21 days from the date of this order in which to file an amended complaint that complies with the November 22, 2016 order. Failure to comply with this order will result in an order dismissing this action.(Dillon, M)
January 6, 2017 Opinion or Order Filing 10 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/6/17 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
November 22, 2016 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 11/22/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of James Davenport and forward 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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Search for this case: Davenport v. Gomez et al.
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Plaintiff: James Davenport
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Defendant: Gomez
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Defendant: E. Hernandez
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Defendant: M. Thompson
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Defendant: A. Ramirez
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Defendant: Lewis
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