Houston v. Eldridge et al
| William Houston |
| L. Eldridge, A. Brewer, Huynh, Anderson, Stanfield, Padilla, R. Nyberge, Barajas, A. Morales, G. Stuhr, J. Rowe and A. Pacheco |
| 2:2016cv02561 |
| October 27, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| William B. Shubb |
| 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
172
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2022 RESOLVING all matters regarding dispersal of the settlement funds and plaintiff's 164 , 167 , 168 motions regarding dispersal of the settlement funds are deemed resolved. The Clerk shall serve a copy of this order on plaintiff William Houston and Brian McComas. No further filings will be accepted in this matter. (Yin, K)
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Filing
169
ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2022 ORDERING, within 7 days, Mr. McComas shall file a status report addressing plaintiff's access to the settlement money and whether Mr. McComas received the check for five percent in terest, discussed in the 4/12/2022 joint notice. The Clerk shall serve a copy of this order on Brian McComas. (Copy of Order served by mail on Brian McComas, Law Office of B.C. McComas, PMB 1605, 77 Van Ness Avenue, Suite 101, San Francisco, California, 94102) (Yin, K)
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Filing
161
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 03/25/22 ORDERING the Custodian to produce by zoom video conference William Houston on 04/01/22 at 9:00 a.m. before Magistrate Judge Kendall J. Ne wman. 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 this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)(3 certified copies of writ served on the Sheriff, Sacramento County Jail. Courtesy copy sent by fax to Sac County Jail Litigation Coordinator at 916-874-5660)(Plummer, M) Modified on 3/25/2022 (Plummer, M).
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Filing
157
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/28/22 ORDERING the Custodian to produce William Houston by zoom video conference on 2/18/22 at 9:00 a.m. before Magistrate Judge Kendall J. Newm an. 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 this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)( 3 certified copies of writ served on the Sheriff of Sacramento County Jail.)(Plummer, M) Modified on 1/28/2022 (Plummer, M).
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Filing
151
ORDER signed by Magistrate Judge Kendall J. Newman on 08/03/21 ORDERING that on or before September 8, 2021, defendants shall file a status report addressing the status of plaintiffs criminal proceedings (or dispositional documents if the civil matter has been resolved).(Plummer, M)
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Filing
149
ORDER signed by Magistrate Judge Kendall J. Newman on 6/2/2021 ORDERING Defendants to file a status report addressing the status of Plaintiff's criminal proceedings within 14 days of the date of this Order. (Henshaw, R)
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Filing
145
ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/2021 SETTING this case for a Settlement Conference on 4/15/2021 at 10:00 AM before Magistrate Judge Jennifer L. Thurston. At least 21 days before settlement conference, plaintiff shall su bmit to defendant via fax or email, a written itemization of damages and settlement demand. Thereafter, no later than 14 days before settlement conference, defendant shall respond via fax or email. If settlement is achieved, defense counsel is to i mmediately inform the courtroom deputy of Magistrate Judge Thurston. At least five court days before the settlement conference, the parties shall submit a confidential settlement conference statement in accordance with this order. (cc: JLT, ADR)(Yin, K)
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Filing
143
ORDER signed by Magistrate Judge Kendall J. Newman on 1/07/21 ORDERING that on or before February 8, 2021, defendants shall file a status report addressing the status of plaintiffs criminal proceedings.(Plummer, M)
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Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/20 ORDERING that on or before January 8, 2021, defendants shall file a status report addressing the status of plaintiffs criminal proceedings.(Plummer, M)
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Filing
139
ORDER signed by Magistrate Judge Kendall J. Newman on 09/03/20 ORDERING that on or before November 16, 2020, defendants shall file a status report addressing the status of plaintiffs criminal proceedings.(Plummer, M)
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Filing
137
ORDER signed by Magistrate Judge Kendall J. Newman on 06/11/20 ORDERING that on or before September 2, 2020, defendants shall file a status report addressing the status of plaintiffs criminal proceedings. (Plummer, M)
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Filing
135
ORDER signed by Magistrate Judge Kendall J. Newman on 05/13/2020 DISREGARDING 134 Motion for Recusal. (Tupolo, A)
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Filing
133
ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2020 ORDERING, on or before 6/10/2020, defendants shall file a status report addressing the status of plaintiff's criminal proceedings. (Yin, K)
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Filing
131
ORDER signed by Senior Judge William B. Shubb on 3/24/2020 ADOPTING 130 Findings and Recommendations in full and GRANTING 125 Motion to Stay. Within 30 days, defendants shall file a status report addressing the status of the criminal proceedings. (York, M)
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Filing
130
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/20 VACATING the 2/18/20 Pretrial Conference and 4/21/20 Jury Trial. Within 30 days of the order adopting these findings and recommendations, defendants shall file a status report addressing the status of the criminal proceedings. Also, RECOMMENDING that defendants motion to stay 25 be granted. Motion to Stay 125 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2020 ORDERING within 7 days, plaintiff shall SHOW CAUSE why sanctions should not be imposed for his failure to respond to defendants' motion to stay, and plaintiff shall file an opposition or statement of non-opposition to the motion. The hearing set for 1/9/2020, before Magistrate Judge Kendall J. Newman regarding defendants' motion to stay is VACATED. (Yin, K)
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Filing
112
ORDER signed by Senior Judge William B. Shubb on 7/26/2019 ADOPTED in FULL 87 Findings and Recommendations. DENIED 72 Motion for subpoenas, construed as a motion for discovery. GRANTING 62 Motion for Summary Judgment, as to the merits of plain tiff's claim that defendant Eldridge violated plaintiff's Eight Amendment rights when she released him to A Facility in July 2016. GRANTING Motion for Summary Judgment on the grounds that plaintiff failed to exhaust administrative remedies, and APPOINTING 111 attorney Justin Palmer in connection to all matters relating to the trial of this action. (Reader, L)
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Filing
108
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/19/19 ORDERING this shall amend the writ issued 3/29/19. The custodian shall produce William Houston on 7/09/19 at 9:00 a.m. in courtr oom 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 a copy of this writ on the Custodian and Out-to-Court Desk. (cc: AC and OTCD)(3 certified copies of writ served on the Warden, CSP-Corcoran)(Plummer, M) Modified on 6/19/2019 (Plummer, M).
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Filing
105
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/29/2019 ORDERING the custodian to produce William Houston #K-31474, to testify in USDC at 9:00 a.m. on 7/9/2019 in courtroom 25, before Magistr ate 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. (cc: OTCD-SAC) (3 Certified copies served by mail on CSP-Corcoran Warden) (Yin, K)
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Filing
103
ORDER APPOINTING COUNSEL signed by Magistrate Judge Kendall J. Newman on 3/13/2019. Attorney Justin A. Palmer is appointed counsel for William Houston. Appointed counsel shall notify Sujean Park in accordance with this order, if he has any questions related to the appointment. The Clerk shall serve a copy of this order on Justin A. Palmer. (cc: ADR; Justin A. Palmer) (Yin, K)
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Filing
102
ORDER signed by Senior Judge William B. Shubb on 2/28/19. This case is referred to Sujean Park, ADR and Pro Bono Director, to seek the voluntary assistance of counsel for Plaintiff; and The Clerk of the Court shall serve a copy of this order on Sujean Park, ADR and Pro Bono Director. (Mena-Sanchez, L)
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Filing
87
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/10/2018 RECOMMENDING 72 Motion for Subpoenas, construed as a Motion for Discovery pursuant to Fed. R. Civ. P. 56(d), be denied; 62 Motion for Summary Judgment be gran ted as to the merits of Plaintiff's claim that defendant Eldridge violated Plaintiff's 8th Amendment rights when she released him to A Facility in July 2016; 62 Motion for Summary Judgment be granted as to the enumerated claims in this Fi ndings and Recommendations on grounds that Plaintiff failed to exhaust administrative remedies; and 62 Motion for Summary Judgment on grounds that Plaintiff failed to exhaust administrative remedies as to his excessive force claim against defendants Padilla and Huynh regarding the first 7/17/2016 incident be denied. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2018 GRANTING 78 Motion for Extension of Time. Defendants' reply is due on or before 9/12/2018. (Henshaw, R)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/18 ORDERING Defendants motion to modify the scheduling order 56 is GRANTED; thedeadline for dispositive motions is extended to May 22, 2018. Plaintiffs motion for a pretrial conference 55 and motion to obtainwitnesses 57 are DENIED without prejudice. (Plummer, M)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/18 DENYING 45 Motion for Extension of time and DENYING 46 Motion to obtain witnesses. (Plummer, M)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 3/14/2018 ORDERING, within 21 days, defendants shall provide plaintiff with the redacted grievances, discussed in this order; plaintiff's request that he be permitted to posses the photos taken regarding the incident involving defendants is DENIED; plaintiff's motion to compel is deemed resolved. (Yin, K)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 3/1/2018 GRANTING 42 and 44 Motions to Modify the Scheduling Order. The 3/2/2018 deadline for filing dispositive motions is vacated and reset to 5/8/2018. (Henshaw, R)
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Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 2/22/2018 GRANTING in part and DENYING in part, plaintiff's 39 motion to compel. Within 14 days, defendants shall clarify whether the enemy list provided to plaintiff includes and ident ifies plaintiff's enemies in 2016; if the enemy list provided to plaintiff does not reflect plaintiff's 2016 enemies, defendants shall provide this list to plaintiff within that time, including which of those inmates were housed on B Facili ty on any dates between 2/5/2016, and 7/172016. Within 14 days, defendants shall file a declaration from the appropriate official in support of the claim that disclosure of the names who filed grievances against defendants alleging physical violence is privileged. Within 14 days, defendants shall file a declaration from the appropriate official in support of the claim that plaintiff should not be allowed to possess the photographs discussed in this order. (Yin, K)
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Filing
36
ORDER signed by Magistrate Judge Kendall J. Newman on 9/26/2017 DENYING without prejudice 34 Motion to Appoint Counsel and DENYING 35 Motion to Conduct Depositions by Written Questions. (Henshaw, R)
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28
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/21/2017 ORDERING the custodian to produce William Houston K-31474, to testify in USDC at 9:00 a.m. on 8/15/2014 in courtroom #25, before Magis trate 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and CSP-SAC Warden. (cc: OTCD-SAC) (Yin, K)
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Filing
23
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. 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) signed by Magistrate Judge Kendall J. Newman on 4/3/2017. (Yin, K)
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Filing
18
ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 01/05/17 ORDERING that plaintiff's 9 Motion for Preliminary Injunction is DENIED. (Benson, A)
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Filing
12
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/12/16 RECOMMENDING that plaintiff's motion for a preliminary injunction (ECF No. 9 ) be denied. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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