Elder v. Silva et al
| Corey Jerome Elder |
| Silva, Speers, D Hogan, R. St. Andre, Whitcome, Joksch and J Ramsey |
| 2:2016cv01925 |
| August 15, 2016 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Craig M. Kellison |
| 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
108
ORDER signed by Magistrate Judge Dennis M. Cota on 09/19/2024 STRIKING the 92 Renewed Suggestion of Death for lack of evidence of service on non-party Ms. Banowetz and DENYING the 100 Renewed Motion to Substitute without prejudice. The Attorney General Office is DIRECTED to re-serve the notice of suggestion of death on Ms. Banowetz within 14 days of the date of this order. Plaintiff is DIRECTED to file a supplemental brief within 30 days of this order. The Attorney General Office's response is due within 20 days following service of Plaintiff's supplemental brief. The Stay of Proceedings, other than those outlined in this order, remains in effect pending further order of the Court. (Spichka, K.)
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Filing
93
ORDER signed by Magistrate Judge Dennis M. Cota on 6/26/2024 ORDERING the 92 renewed suggestion of death is deemed timely and the 90-day period within which a motion for substitution must be filed commenced on 5/6/2024. Plaintiff's curren t 87 motion for substitution is DENIED without prejudice. Plaintiff's counsel shall undertake an investigation to determine whether the individual identified in the renewed suggestion of death filed on 5/6/2024, is a successor-in-interest amendable to substitution. This matter is set for a status conference for 6/26/2024 at 09:00 AM before Magistrate Judge Dennis M. Cota, via Zoom. (Yin, K)
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Filing
84
ORDER signed by Magistrate Judge Dennis M. Cota on 7/19/2023 GRANTING 80 Motion to Appoint Counsel. Matthew J. Norris is APPOINTED as limited purpose counsel for Plaintiff, for the limited purpose of identifying the proper party for a Motion for Substitution and filing the Motion for Substitution. The Motion for Substitution shall be filed within 120 days from the date of this order. Mr. Norris's appointment will terminate when Plaintiff's Motion for Substitution is filed. Appoint ed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is DIRECTED to serve a copy of this order upon Matthew J. Norris. This matter is STAYED for 120 days or until the filing of a Motion for Substitution. (Huang, H)
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Filing
83
ORDER signed by Magistrate Judge Dennis M. Cota on 6/5/2023 DENYING without prejudice plaintiff's 79 motion for substitution. (Yin, K)
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Filing
75
ORDER signed by District Judge Troy L. Nunley on 1/26/23 GRANTING 72 Defendant's Ex Parte Application to Vacate the Pretrial Schedule and Trial and Temporarily Stay This Matter Pending the Substitution of a Party. Plaintiff has 90 days f rom the service of the Notice of Death to file a motion for substitution; any motion for substitution must be filed by 4/12/23. Failure to file a motion for substitution will result in the dismissal of the action against the decedent. If a proper party is timely substituted, then the stay should be lifted at that time and trial will be placed back on calendar. (Kastilahn, A)
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Filing
67
ORDER signed by Magistrate Judge Dennis M. Cota on 8/16/2022 DENYING plaintiff's 66 motion for the appointment of counsel. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Dennis M. Cota on 3/08/22 DENYING 62 Motion to Appoint Counsel. (Plummer, M)
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Filing
60
ORDER signed by Magistrate Judge Dennis M. Cota on 11/29/21 ORDERING plaintiff shall file and serve his pre-trial statement, and any motions necessary to obtain the attendance of witnesses at trial, within 30 days of the date of this order. Defendant shall file his pre-trial statement on or before 30 days from the date of service of Plaintiff's pre-trial statement. A pre-trial conference shall be conducted on the file only without appearance by either party. The matter will be set for trial by separate final pre-trial order following the pre-trial conference on the file.(Plummer, M)
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Filing
50
ORDER signed by Magistrate Judge Dennis M. Cota on 7/26/2021 ORDERING Plaintiff's status report to be filed and served within 30 days from the date of service of this order and ORDERING Defendant's status report to 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. (Henshaw, R)
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Filing
47
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 5/12/21 ORDERING the Custodian to produce by zoom video conference Corey Jerome Elder at 5/25/21 at 1:00 p.m. before Magistrate Judge Debora h Barnes. 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 the order and writ on the Custodian. This shall amend the writ issued on 4/30/21. (cc: ADR, I.T. Dept, Sacramento and DB)(Plummer, M)
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Filing
45
ORDER signed by District Judge Troy L. Nunley on 5/3/21 ADOPTING in full 40 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 34 Defendants' Motion for Summary Judgment. This action will proceed on the following claim s against Defendant Joksch: Plaintiff's Eighth Amendment claim against Defendant Joksch based on the cell move ordered on 9/8/2014 and Plaintiff's First Amendment retaliation claim against Defendant Joksch based on the cell move ordered on 9/8/14. (Kastilahn, A)
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Filing
44
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dennis M. Cota on 4/30/2021 ORDERING the custodian to produce Corey Jerome Elder #F-10489, by Zoom video conference from his place of confinement, before Magistrate Ju dge Deborah Barnes, on 5/25/2021 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 Pete Buzo. (cc: DB, I.T. Dept., ADR)(Yin, K)
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Filing
43
ORDER signed by Magistrate Judge Dennis M. Cota on 4/16/21, ( Settlement Conference set for 5/25/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) Each party shall provide a confidential settlement statement to chambers , no later than May 18, 2021, via email to dborders@caed.uscourts.gov. If plaintiff is unable to access the internet, he shall, on or before May 11, 2021, send his statement to the court by mail at 501 I Street, Sacramento, CA 95814, and indicat e on the envelope and on the face of the statement that it is a confidential communication to Magistrate Judge Barnes. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at Folsom State Prison, via facsimile at (916) 351-3086 or via email. (cc: ADR, DB)(Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 DENYING 41 Motion to Appoint Counsel. (Henshaw, R)
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Filing
40
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 3/22/2021 RECOMMENDING 34 Motion for Summary Judgment be granted in part and denied in part, as described in this findings and recommendations, and that this action to proceed on the claims detailed in this findings and recommendations against Defendant Joksch. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
35
ORDER signed by Magistrate Judge Dennis M. Cota on 04/29/2020 GRANTING 33 Motion for Extension of Time. The deadline to file Dispositive Motions is EXTENDED to 04/29/2020. (Tupolo, A)
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Filing
29
RELATED CASE ORDER signed by District Judge Troy L. Nunley on 2/3/2020 ORDERING that this case be related to case number 2:18-cv-3215-KJM-DMC (PC) and that the related case be reassigned to District Judge Troy L. Nunley for all further proceedings. Magistrate Judge Dennis M. Cota remains assigned to both action. (Huang, H) Modified on 2/5/2020 (Huang, H).
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Filing
21
ORDER signed by Magistrate Judge Dennis M. Cota on 08/01/19 ORDERING the Clerk of the Court is directed to forward to defendants the court's consent notice and form; and defendants complete and file the consent form within 30 days of the date of this order. (Plummer, M)
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Filing
15
ORDER signed by Magistrate Judge Dennis M. Cota on 11/15/18 ORDERING that plaintiff may file a first amended complaint within 30 days of the date of service of this order. (Plummer, M)
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Filing
12
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Corey Jerome Elder signed by Magistrate Judge Craig M. Kellison on 10/11/2016. Plaintiff's 5 , 6 motions to proceed IFP are GRANTED. Plaintiff is required to pay the $35 0.00 filing fee. 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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