Evans v. Fox et al
Plaintiff: Gene Evans
Defendant: Robert Fox, K. Lasseiter, Montemayor, B. J. and Brian Duffy
Case Number: 2:2016cv01997
Filed: August 22, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Luis Obispo
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
October 16, 2024 Opinion or Order Filing 102 ORDER signed by District Judge Dale A. Drozd on 10/15/24 ADOPTING 100 the Findings and Recommendations and DENYING 97 Plaintiff's Motion to Reopen this Case. (Salmeron, A)
July 17, 2024 Opinion or Order Filing 100 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 07/17/24 RECOMMENDING that 97 Plaintiff's Motion to Appoint Counsel and Motion to Reopen Case be denied. Referred to Judge Dale A. Drozd; Objections to F&Rs due within 14 days. (Benson, A.)
February 23, 2024 Opinion or Order Filing 95 ORDER signed by District Judge Dale A. Drozd on 2/22/24 ADOPTING in full 90 Findings and Recommendations and GRANTING 84 defendant's Motion for Summary Judgment. CASE CLOSED (Kastilahn, A)
November 29, 2023 Opinion or Order Filing 90 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 11/28/23 DENYING Motion for Appointment of Counsel and RECOMMENDING that 84 Motion for Summary Judgment be granted. Referred to Judge Dale A. Drozd; Objections to F&Rs due within 14 days. (Benson, A.)
June 27, 2023 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Jeremy D. Peterson on 06/26/2023 DIRECTING Plaintiff to SHOW CAUSE, within 21 days, why this case should not be dismissed for failure to prosecute and for failure to comply with the court's local rules. (Spichka, K.)
December 14, 2022 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/13/22 GRANTING 79 Motion to Modify Scheduling Order. The deadline to complete discovery, including any motions to compel, is extended to February 10, 2023. The deadline for summary-judgment motions is extended to April 13, 2023. (Kaminski, H)
October 11, 2022 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/7/22 GRANTING 62 Motion to Compel. Plaintiff's answers to Defendants' request for discovery due within 30 days of this order. Discovery due by 12/7/22. Dispositive motions due by 2/7/23. (Her, S)
July 12, 2022 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/11/2022 GRANTING IN PART 68 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file an opposition to 62 Motion to Compel. No further extensions of time will be granted. (Huang, H)
June 15, 2022 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Jeremy D. Peterson on 06/14/22 ORDERING Plaintiff shall show cause within twenty-one days why this case should not be dismissed for failure to prosecute and failure to comply with the local rules. Should plaintiff wis h to continue with this lawsuit, he shall, within twenty-one days, file an opposition or statement of non-opposition to defendants' motion to compel; GRANTING 64 Motion to modify the scheduling order. all discovery deadlines and the deadline for filing dispositive motions are VACATED. (Plummer, M)
October 22, 2021 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/21/21 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the amended complaint filed June 27, 2019 to be completed and returned within 60 days.(Plummer, M)
September 15, 2021 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/14/2021 GRANTING plaintiff's 56 motion to set a settlement conference, DENYING without prejudice defendants' 55 motion for a scheduling order, and REFERRING CASE TO POST-SC REENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The assigned DAG shall contact the Courtroom Deputy within 30 days to schedule 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. (Yin, K)
November 25, 2020 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/24/20 GRANTING 45 Motion for Extension of Time. Defendants shall file their responsive pleading by 12/07/20. (Plummer, M)
November 16, 2020 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/16/2020 DENYING 43 Motion for Service. (Henshaw, R)
October 16, 2020 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/15/20 ORDERING the Clerk of the Court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the 6/27/19 complaint to be completed and returned with the notice of submission of documents within 60 days. (Plummer, M)
August 11, 2020 Opinion or Order Filing 30 ORDER signed by District Judge John A. Mendez on 8/10/2020 ADOPTING the findings and recommendations filed 12/23/2019 in full; DISMISSING Plaintiff's claims against defendants Fox, Zometa, Ballenger, Tabbs, and Does 1-50 without leave to amend ; DISMISSING Plaintiff's First Amendment claims against defendants Wong, Lassiter, and Bjorson without leave to amend; and REFERRING this matter back to the magistrate judge to effectuate service of plaintiff's Eighth Amendment claims against defendants Montemayor, Wong, Lassiter, and Bjorson pursuant to the Court's E-Service pilot program for civil rights cases for the Eastern District of California.(Becknal, R)
December 23, 2019 Opinion or Order Filing 26 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/23/19 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action. The Clerk of Court strike the fifth amended prisoner civil rights complaint filed on September 19, 2019 24 . The Clerk of Court send a copy of the docket in this action to plaintiff at his address of record and DENYING 23 plaintiff's motion for extension of time. Also, RECOMMENDING that plaintiffs claims against defendants Fox, Zometa, Ballenger, Tabbs, and Does 1-50 be dismissed without leave to amend. Plaintiffs First Amendment claims against defendants Wong, Lassiter, and Bjorson be dismissed without leave to amend. This matter be referred back to the undersigned to effectuate service of plaintiffs Eighth Amendment claims against defendants Montemayor, Wong, Lassiter, and Bjorson pursuant to the Courts E-Service pilot program for civil rights cases for the Eastern District of California. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
March 28, 2019 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2019 DISMISSING the 17 second and 18 third amended complaints with leave to amend within 30 days. Failure to comply with this order may result in a recommendation that this action be dismissed. (Yin, K)
October 11, 2018 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/11/18 DISMISSING 13 Amended Prisoner Civil Rights Complaint with leave to amend within 30 days. (Coll, A)
November 14, 2017 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gene Evans. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
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Plaintiff: Gene Evans
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Defendant: Robert Fox
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Defendant: K. Lasseiter
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Defendant: Montemayor
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Defendant: B. J.
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Defendant: Brian Duffy
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