Fordley v. Lizarraga et al
| John Fredrick Fordley |
| Joe Lizarraga, Winkfield, Garcia, Watson, Moore, Shrode, Andrea and Coder |
| 2:2016cv01985 |
| August 22, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Morrison C. England |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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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
107
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/2022 DENYING without prejudice defendants' request for a stay; ORDERING case proceeds solely on plaintiff's 8th Amendment claims alleging physical and sexual assault by defendants Watson, Winkfield, and Garcia on 3/10/2016 and 3/11/2016; ORDERING parties may conduct discovery until 8/15/2022; and ORDERING dispositive motions to be filed on or before 10/14/2022. (Henshaw, R)
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Filing
106
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/2/2022 SETTING Settlement Conference for 4/7/2022 at 01:00 PM before Magistrate Judge Dennis M. Cota and ORDERING parties to submit confidential settlement statements no later than 3/31/2022. (Henshaw, R)
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Filing
93
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/27/2018 RECOMMENDING that 46 Motion for Summary Judgment be granted as to all remaining claims and that the case be dismissed without prejudice for failure to exhaust administrative remedies. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
89
ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/30/18. Within 45 days, Plaintiff shall file a supplemental opposition to the 46 Motion for Summary Judgment, including all evidence h e wishes to present to show that he filed a grievance concerning the claims in this action in March 2016. Defendants are granted 21 days after the filing of Plaintiff's supplemental opposition to file a supplemental reply. Plaintiff is directe d to inform the court within 21 days if he cannot access his legal materials or otherwise prepare the supplemental opposition ordered by the Court. Defendants' 46 11/07/17 Motion for Summary Judgment is GRANTED IN PART as to Plaintiff's claims that Defendants Watson, Winkfield, and Garcia provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and such claims are DISMISSED without prejudice for failure to exhaust administrative remedies. Consideration of the remainder of Defendant's 46 11/07/17 Motion for Summary Judgment is DEFERRED pending receipt of the supplemental briefing. (Benson, A.)
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Filing
88
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/2018 DENYING as moot 87 Motion for Extension of Time. (Henshaw, R)
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Filing
83
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/14/18 ORDERING plaintiff shall have 14 days from the service of this order to file objections to the 05/03/18 findings and recommendations in case nos. 2:16-cv-1387 and 2:16-cv-1985. The cler k of court shall serve a courtesy copy of the 5/03/18 findings and recommendations in both case on plaintiff along with this order at his address of record at Mule Creek State Prison and additionally to his former address: John Fredrick Fordley AS-6507, R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179. (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2018 STRIKING 80 Reply Brief, as there is no pending motion for temporary restraining order in this action. (Henshaw, R)
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Filing
75
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/03/18 RECOMMENDING that within 45 days of the date of any order adopting these recommendations, plaintiff be directed to file a supplemental opposition to the motion for summary judgment, including all evidence plaintiff wishes to present to show that he filed a grievance concerning the claims in this action in March 2016. Defendants be given 21 days after the filing of plaintiffs supplemental opposition to file a su pplemental reply. Plaintiff be directed to inform the court within 21 days of the date of any order adopting these recommendations if he cannot access his legal materials or otherwise prepare the supplemental opposition ordered by the court. Defend ants November 7, 2017 motion for summary judgment 46 be granted in part as to plaintiffs claims that defendants Watson, Winkfield, and Garcia provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and that such cl aims be dismissed without prejudice for failure to exhaust administrative remedies. Consideration of the remainder of defendants November 7, 2017 motion for summary judgment be deferred pending receipt of the supplemental briefing. Motion for Summary Judgment 46 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M) Modified on 5/3/2018 (Plummer, M).
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Filing
72
ORDER ADOPTING 68 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 04/17/18 DENYING with prejudice 48 Motion for TRO (Benson, A.)
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Filing
68
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/13/2018 ORDERING plaintiff's 48 motion for extension of time, construed as a motion for indefinite stay is DENIED without prejudice; plaintiff's [54 ], 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 discovery motions are DENIED; the Clerk shall provide plaintiff with one blank subpoena form; and the Clerk shall also serve a copy of this order on plaintiff at MCSP and RJDCF. IT IS FURTHER RECOMMENDED that plaintiff's 48 motion for a temporary restraining order be denied without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K)
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Filing
67
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2018 VACATING the 2/16/2018 Discovery Deadline and 4/13/2018 Dispositive Motion Deadline. (Fabillaran, J)
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Filing
47
ORDER signed by District Judge Morrison C. England, Jr on 12/4/2017 ORDERING that the findings and recommendations filed October 4, 2017, (ECF No. 41 ) are ADOPTED in full and Plaintiff's motions for a continuance (ECF Nos. 35 , 36 , 37 ) are DENIED.(Becknal, R)
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Filing
41
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/3/2017 RECOMMENDING 35 , 36 , and 37 Motions for Continuance be denied. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
38
ORDER adopting 31 FINDINGS AND RECOMMENDATIONS and denying 18 Motion to Dismiss signed by District Judge Morrison C. England, Jr on 9/29/17. (Kaminski, H)
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Filing
33
ORDER signed by District Judge Morrison C. England, Jr on 8/28/2017 ADOPTING 29 Findings and Recommendations in full. Defendants Andrea and Moore are DISMISSED from this action without prejudice. (Donati, J)
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Filing
31
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/2/2017 RECOMMENDING that 18 Motion to Dismiss be denied without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
29
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/20/2017 RECOMMENDING that defendants Andrea and Moore be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K)
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Filing
20
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/30/16 ORDERING that the Clerk of the Court shall mail plaintiff two forms USM-285. Within 30 days from the date this order is served, plaintiff may submit the attachedNotice of Submission of Documents with the completed forms USM-285 providing new instructions for service of process upon defendants Moore and Andrea.(Dillon, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John F. Fordley signed by Magistrate Judge Edmund F. Brennan on 09/15/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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