Martin v. Foulk et al

Plaintiff: Ben Orlando Martin
Defendant: Fred Foulk, L. Ray, M. Rainey, Strainer, J. Babel and Irvin Johnson
Case Number: 2:2016cv01929
Filed: August 16, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Los Angeles
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 5, 2019 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/5/2019 VACATING the 6/7/2019 settlement conference. This matter is referred to the Court's Alternative Dispute Resolution Division for a determination as to whether the settlement conference can be rescheduled. The Clerk shall terminate ECF No. 53 . (cc: AC, ADR) (Yin, K)
April 8, 2019 Opinion or Order Filing 50 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/08/19 ORDERING the Custodian to produce Ben Orlando Martin on 6/07/19 at 9:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve this order and writ on the Custodian and Out-to-Court Desk. (cc: AC and OTCD)(Plummer, M)
November 26, 2018 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/18 GRANTING 44 Motion for modification of the discovery and scheduling order. Defendant shall have until 2/15/19 to take plaintiff's deposition. The parties may file any dispositive motion no later than 5/17/19. (Plummer, M)
September 17, 2018 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/17/2018 ORDERING Plaintiff's Motion for a 25-day extension of time 42 is GRANTED and plaintiff shall have an additional 25 days from the date of this order to respond to defendants interrogatories and requests for production. (Cannarozzi, N)
August 8, 2018 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/8/2018 ORDERING plaintiff's request for appointment of counsel 40 is DENIED. (Cannarozzi, N)
July 11, 2018 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/10/18 ORDERING ( Discovery due by 11/16/2018, Dispositive Motions filed by 2/15/2019.) (Plummer, M)
May 31, 2018 Opinion or Order Filing 37 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/31/2018 ORDERING the custodian to produce Ben Orlando Martin AM-6569, to testify in USDC at 9:00 a.m. on 7/5/2018 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. 32 Motion terminated. (cc: KJN, OTCD-SAC) (Yin, K)
May 30, 2018 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/30/2018 GRANTING defendants' 35 motion to modify the scheduling order and stay discovery; and discovery is STAYED pending the outcome of the 7/5/2018 settlement conference. If the settlement conference is unsuccessful, the Court will issue a further order setting a new discovery deadline and dispositive motion deadline. (Yin, K)
April 16, 2018 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/2018 SETTING this case for a settlement conference on 7/5/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Within 10 days, plaintiff shall complete and return the attached form notifying the court whether he would like to appear by person or video. The parties shall exchange non-confidential settlement statements 7 days prior to the settlement conference, in accordance with this order. (cc: KJN, ADR) (Yin, K)
February 7, 2018 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/6/2018 DENYING 25 Motion to Appoint Counsel. The court finds there are no exceptional circumstances in this case. (Fabillaran, J)
December 12, 2017 Opinion or Order Filing 19 ORDER signed by District Judge Garland E. Burrell, Jr. on 12/11/2017 ADOPTING 15 Findings and Recommendations in full and DENYING Plaintiff's claim for injunctive relief. The ADA/Armstrong claims are DISMISSED without leave to amend and Defendants Stainer and Foulk are DISMISSED without leave to amend. (York, M)
October 13, 2017 Opinion or Order Filing 15 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/12/2017 ORDERING that service is appropriate for Gabel, Irvin Johnson, M. Rainey, L. Ray on some of the claims. Plaintiff's state law claims are DISMISSED wi th leave to amend. The Clerk shall send plaintiff forms for service which may be completed and returned within 30 days. Plaintiff shall return the Notice of Submission or Amendment with response.IT IS RECOMMENDED that plaintiff's claim for injunctive relief be denied, that the ADA/Armstrong claims be dismissed without leave to amend, and that defendants Stainer and Foulk be dismissed without leave to amend. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (See Order for Details)(Yin, K)
February 23, 2017 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 2/22/17 ORDERING the Director of the CDC to collect and forward payment from the trust account of Ben Orlando Martin and forward payment to the court until the bala nce 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)
August 19, 2016 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/19/16 ORDERING that the court's August 18, 2016 order (ECF No. 3 ) is VACATED. In duecourt, the court will issue a screening order pursuant to 28 U.S.C. § 1915A and rule on plaintiff's application for leave to proceed in forma pauperis. (Dillon, M)
August 18, 2016 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/18/2016 ORDERING, within 30 days, plaitniff shall submit either the filing fee or the application required by § 1915(a). The Clerk shall mail plaintiff an ifp application form.(Yin, K)

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Plaintiff: Ben Orlando Martin
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Defendant: Fred Foulk
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Defendant: L. Ray
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Defendant: M. Rainey
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Defendant: Strainer
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Defendant: J. Babel
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Defendant: Irvin Johnson
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