Hicks v. Arya
Plaintiff: Michael J. Hicks
Defendant: Afshin Arya
Case Number: 2:2016cv02465
Filed: October 14, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Presiding Judge: Morrison C. England
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
December 1, 2020 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/20 ORDERING that within 21 days of the date of this order, defendants shall file the stipulation to withdraw plaintiffs pending motion to withdraw from the settlement and reopen this action or show good cause for their failure to do so.(Plummer, M)
November 10, 2020 Opinion or Order Filing 134 ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/20 ORDERING within 14 days of the date of this order, defendants shall file a stipulation to withdraw plaintiffs pending motion to vacate the previous settlement and reopen this action file d on May 1, 2020. Within 14 days of the date of this order, defendants shall inform the undersigned whether they filed appropriate dispositional documents in Hicks v. Gamboa, 3:19-cv-3010 (N.D. Cal.); Hicks v. Bien, 3:19-cv-1137 (N.D. Cal.); Hicks v. Diaz, 3:20-cv-0217 CAB BLM (S.D. Cal.); and any other cases that were part of the global settlement herein.(Plummer, M)
August 21, 2019 Opinion or Order Filing 129 ORDER signed by Magistrate Judge Kendall J. Newman on 08/21/19 ORDERING defendant P. Sahota hereby substitutes attorney Thomas P. Feher in place of attorney Julio Antonio Hernandez. (Plummer, M)
April 3, 2019 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Kendall J. Newman on 04/03/19 ORDERING the Clerk of the Court shall send plaintiff copies of his opposition to defendants motion for a vexatious litigant order 76 , plaintiffs supplemental opposition 80 , the decla rations of defendant Arya and Dr. Feinberg attached to defendants summary judgment motion 46 at 26-28, 89-96), and the declarations of defendant Arya and Dr. Feinberg attached to defendants motion for a vexatious litigant order (ECF No. 69 -2, ECF No. 69 -3.). (Plummer, M)
March 29, 2019 Opinion or Order Filing 100 ORDER signed by District Judge Troy L. Nunley on 3/28/19 ADOPTING 93 Findings and Recommendations in full and GRANTING 71 & 72 Motions to Amend the Complaint. (Coll, A)
February 27, 2019 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/19 DENYING 95 Motion for Reconsideration. (Plummer, M)
February 7, 2019 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Kendall J. Newman on 2/07/19 DENYING 81 Motion for sanctions and GRANTING IN PART 88 Motion for copies. The clerk of the court is directed to send plaintiff a copy of his proposed third amended complaint 73 and a copy of the docket sheet in this action. Plaintiff may return the docket sheet within 30 days of this order, with the documents he seeks clearly marked next to their entry on the docket. (Plummer, M)
January 18, 2019 Opinion or Order Filing 90 ORDER signed by District Judge Troy L. Nunley on 1/17/2019 ADOPTING in FULL 83 Findings and Recommendations; DENYING 69 Motion for Plaintiff to post security and for a pre-filing order. (Washington, S)
November 28, 2018 Opinion or Order Filing 83 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/27/2018 RECOMMENDING that 69 Motion for Plaintiff to Post-Security and for a Pre-Filing Order be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
October 17, 2018 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2018 GRANTING plaintiff's 74 motion for an extension of time; DENYING plaintiff's 64 motion to add supplemental defendants; VACATING without prejudice plaintiff's 71 , 72 motions for leave to file a third amended complaint. Plaintiff's opposition to defendants' motion for issuance of a pre-filing order and motion to declare plaintiff a vexatious litigant is due within 30 days. (Yin, K)
September 21, 2018 Opinion or Order Filing 70 ORDER signed by District Judge Troy L. Nunley on 9/20/2018 ADOPTING the 60 Findings and Recommendations in full. Defendant Arya's 46 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's 47 motion to file a second amended complaint is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
September 11, 2018 Opinion or Order Filing 68 ORDER adopting in full 63 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 9/10/18. Plaintiff's 61 motion for a preliminary injunction is DENIED. (Kastilahn, A)
July 27, 2018 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Kendall J. Newman on 7/27/18 DENYING 65 motion for a court appointed expert witness. (Plummer, M)
June 8, 2018 Opinion or Order Filing 63 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/8/2018 RECOMMENDING 61 Motion for Preliminary Injunction be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
May 17, 2018 Opinion or Order Filing 60 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/16/18 RECOMMENDING that Defendant Aryas summary judgment motion 46 on the grounds that plaintiff failed to exhaust administrative remedies as to his claims regarding h epatitis C and Celebrex be granted; defendant Aryas summary judgment motion on the grounds that plaintiff failed to exhaust administrative remedies as to his claim regarding cervical traction be denied; defendants summary judgment motion as to the me rits of plaintiffs claim regarding cervical transfer be denied without prejudice to renewal at a later stage of these proceedings. Plaintiffs motion to file a second amended complaint 47 be granted in part and denied in part. Plaintiffs motion to f ile a second amended complaint raising new claims regarding treatment for hepatitis C and denial of adequate pain medication be denied. Plaintiffs motion to file a second amended complaint be granted as to his claims alleging that defendants Arya, Bo denheimer, Hopkins and Felder denied his request to be transferred in order to receive cervical traction. In the alternative, plaintiffs claims that defendants Bodenheimer, Sahota, Knipp and Hopkins denied plaintiff adequate pain medication, containe d in the proposed second amended complaint, be dismissed for failing to state potentially colorable claims for relief. Motions 46 and 47 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M) Modified on 5/17/2018 (Plummer, M).
December 12, 2017 Opinion or Order Filing 54 ORDER signed by District Judge Morrison C. England, Jr on 12/11/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/23/17 38 are ADOPTED IN FULL; and Plaintiff's Motion to Amend 26 is GRANTED. (Mena-Sanchez, L)
December 6, 2017 Opinion or Order Filing 53 ORDER signed by District Judge Morrison C. England, Jr on 12/4/2017 ADOPTING 40 Findings and Recommendations in full and DENYING 32 Motion for Preliminary Injunction. (Hunt, G)
August 24, 2017 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/24/17 recommending that plaintiff's motion for injunctive relief 32 be denied. MOTION for PRELIMINARY INJUNCTION 32 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
August 23, 2017 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2017 DENYING 24 Motion to Compel but for interrogatory no. 7; DENYING 27 Motion to Compel; and DENYING 35 Motion for Extension of Time to Conduct Discovery. Plaintiff to serve defendant with a further response to interrogatory no. 7 within 14 days of the date of this order. (Henshaw, R)
May 9, 2017 Opinion or Order Filing 23 ORDER signed by District Judge Morrison C. England, Jr. on 05/09/17 ORDERING that the 19 03/16/17 Order of the Magistrate Judge is AFFIRMED; the 22 Motion for Reconsideration is terminated. (Benson, A)
March 2, 2017 Opinion or Order Filing 14 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/2/2017. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy, Matt Caspar, 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) (Yin, K)
December 29, 2016 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 12/29/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of Michael J. Hicks and forward payment to the court until the balan ce 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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Plaintiff: Michael J. Hicks
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Defendant: Afshin Arya
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