Barker v. Osemwingie et al
| William Barker |
| Osemwingie and Ramiscal |
| 2:2016cv03008 |
| December 23, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| 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
98
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/16/2023 VACATING the 90 Findings and Recommendations, GRANTING the 93 Motion to Amend and DISMISSING the 97 Fifth Amended Complaint. CASE CLOSED. (Spichka, K.)
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Filing
90
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/1/2022 RECOMMENDING that 88 Fourth Amended Complaint be dismissed for failure to state a claim upon which relief can be granted, and that this case be closed. Referred to Senior Judge John A. Mendez. Objections within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
87
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/7/2022 ORDERING plaintiff has 14 days to either file a fourth amended complaint to correct the error identified in this order or inform the court he wishes to proceed on the third amended complaint as is. If the court does not receive a response to this order, this matter will proceed on the third amended complaint. (Yin, K)
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Filing
85
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/04/22, ORDERING plaintiff is granted 30 days within which to file a third amended complaint.(Plummer, M)
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Filing
79
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/20 OVERRULING 77 plaintiff's objections to defendants' bill of costs. Defendants' bill of costs is approved and cost are awarded in the full amount of $1091.10. (Plummer, M)
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Filing
71
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/19/20 GRANTING 63 Motion for Summary Judgment. This action is dismissed with prejudice. Judgement is entered for defendants. CASE CLOSED (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/23/19 GRANTING 68 the parties stipulated request to continue or vacate the 5/29/19 hearing. The 05/29/19 hearing on defendants' motion for summary judgment is vacated and the motion is submitted on the papers. (Plummer, M)
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Filing
66
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/19 as to 63 Motion for Summary Judgment ( Motion Hearing set for 5/29/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Defendants' reply due 5/22/19. (Plummer, M)
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Filing
62
ORDER signed by District Judge John A. Mendez on 4/11/2019 and signed by Magistrate Judge Carolyn K. Delaney on 4/24/2019 ORDERING Clerk of Court to reassign this case to the Honorable Carolyn K. Delaney with all documents hereafter filed to bear case No. 2:16-cv-3008 CKD and VACATING all currently scheduled dates presently set before Judge Mendez. (cc: JAM) (Henshaw, R)
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Filing
61
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2019 MODIFYING 53 Scheduling Order. The law and motion cut off date shall now be 5/22/2019. Any notices of motion and accompanying motion shall be filed on or before 4/24/2019, with the hearing noticed for no later than 5/22/2019. In all other respects, 53 Scheduling Order remains in full force and effect. (Henshaw, R)
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Filing
58
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/8/2019 MODIFYING 53 and 56 Scheduling Orders as follows: The deadline for disclosing expert witnesses is 1/25/2019, with any rebuttal experts witness disclosures due by 2/22/2019. Expert discovery shall close on 3/22/2019. In all other respects, the 53 Scheduling Order remains in full force and effect. (Huang, H)
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Filing
56
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2018 IT IS SO ORDERED The deadline for disclosing experts is 1/3/2019, with any rebuttal experts witness disclosures due by 1/31/2019. Expert discovery shall close on 3/1/2019. Any discover y motions related to expert discovery must be noticed for the hearing to take place by this date and shall be brought in the same manner as motions related to non-expert discovery. In all other respects, the 3/26/2018 Scheduling Order remains in full force and effect. (Reader, L)
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Filing
50
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/2018 ORDERING within 30 days, the parties shall confer and submit a joint status report and proposed schedule in accordance with this order. (See Order for Details)(Yin, K)
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Filing
46
ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that the findings and recommendations filed August 11, 2017 (ECF No. 42 ), are ADOPTED in full; Plaintiff's motion for a temporary restraining order (ECF No. 9 ) is DENIE D; Defendants' motion to dismiss (ECF No. 32 ) is GRANTED; Counts One through Five and the portion of Count Six alleging defendant Ramiscal abandoned plaintiff are DISMISSED without leave to amend. The portion of Count Six related to the claim that defendants Osemwingie and Ramiscal misused the hoyer lift is DISMISSED with LEAVE TO AMEND; Plaintiff has thirty days from the filing of this order to file an amended complaint. (Becknal, R)
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Filing
42
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/11/2017 RECOMMENDING plaintiff's 9 motion for TRO be denied; defendants' 32 motion to dismiss be granted; Counts One through Five and the portion of Co unt Six alleging defendant Ramiscal abandoned plaintiff be dismissed without leave to amend and the portion of Count Six related to the claim that defendants Osemwingie and Ramiscal misused the hoyer lift be dismissed with leave to amend; and plaintiff have 30 days from the District Judge's order ruling on these findings and recommendations to file an amended complaint. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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Filing
38
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/2017 ORDERING parties to each file a completed consent or request for reassignment form within 7 days of the date of this order. (Henshaw, R)
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Filing
35
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/2017 ORDERING plaintiff shall have 14 days from the filing of this order to respond to defendants' 32 motion to dismiss. Defendants' reply, if any, shall be filed within 7 days thereafter. (Yin, K)
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Filing
6
SUBSTITUTION OF ATTORNEY ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2017. Attorney Scottlynn J. Hubbard is substituted for pro se plaintiff William Barker.(Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/17 ordering plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
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Filing
3
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/29/16 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
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