(PC) Gustard v. McCauley et al
Plaintiff: (PC) Gustard and Christopher Ian Gustard
Defendant: Harris, Kamala Harris, Douglas R. McCauley, Matthew McKinney, Zackery P. Morazzini, Dianna Albini and Laura Zuniga
Case Number: 2:2017cv00012
Filed: January 3, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F Brennan
Referring Judge: Troy L Nunley
2 Judge: Jeremy D Peterson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2021 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/8/2021 GRANTING #111 Motion to Modify; EXTENDING the deadline for discovery to 4/15/2022; EXTENDING the deadline for serving requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 to 2/18/2022; and EXTENDING the deadline for filing dispositive motions to 7/15/2022. (Henshaw, R)
December 9, 2021 Opinion or Order SERVICE BY MAIL: #112 Order served on Christopher Ian Gustard. (Henshaw, R)
September 8, 2021 Opinion or Order Filing 111 MOTION to MODIFY #110 Discovery Scheduling Order by Christopher Ian Gustard. (Coll, A)
April 5, 2021 Opinion or Order Filing 110 DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Jeremy D. Peterson on 04/05/21 ORDERING Discovery due by 9/10/2021. Dispositive Motions filed by 12/10/2021. The Clerk of the Court is directed to amend the case name to Gustard v. McCauley, 2:17-cv-00012-TLN-JDP. (Attachments: #1 Expedited Trial Notice) (Plummer, M)
April 5, 2021 Opinion or Order SERVICE BY MAIL: #110 Discovery and Scheduling Order, and local rules served on Christopher Ian Gustard. (Plummer, M)
March 15, 2021 Opinion or Order Filing 109 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Dennis M. Cota: SETTLEMENT CONFERENCE held on 3/12/2021; CASE NOT SETTLED. Plaintiff Pro Se present. Defendants Counsel Andrew Steinheimer present. (Pine, C)
March 15, 2021 Opinion or Order SERVICE BY MAIL: 109 Settlement Conference served on Christopher Ian Gustard. (Pine, C)
February 26, 2021 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Dennis M. Cota on 02/26/21, ( Settlement Conference continued to 3/12/2021 at 01:30 PM in Redding (DMC) before Magistrate Judge Dennis M. Cota.) The date remains the same. This is a time change only. (cc: DMC and ADR)(Plummer, M)
February 26, 2021 Opinion or Order SERVICE BY MAIL: #108 Order,, Set/Reset Deadlines and Hearings, served on Christopher Ian Gustard. (Plummer, M)
February 19, 2021 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Dennis M. Cota on 2/19/2021 CONTINUING the Settlement Conference to 3/12/2021 at 10:00 AM before Magistrate Judge Dennis M. Cota. (cc: DMC, ADR) (Yin, K)
February 19, 2021 Opinion or Order SERVICE BY MAIL: #107 Order served on Christopher Ian Gustard. (Yin, K)
January 13, 2021 Opinion or Order Filing 106 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Jeremy D. Peterson on 1/12/21 ORDERING This case is set for a settlement conference before Magistrate Judge Dennis M. Cota on March 4, 2021 at 1:00 p.m. 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. (cc: DMC) (Plummer, M) Modified on 1/13/2021 (Plummer, M).
January 13, 2021 Opinion or Order SERVICE BY MAIL: #106 Order Referring Case to Post-Screening ADR Project, served on Christopher Ian Gustard. (Plummer, M)
December 18, 2020 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/17/2020 DISCHARGING its 12/2/2020 Order to Show Cause, ECF No. #102 .(Becknal, R)
December 18, 2020 Opinion or Order SERVICE BY MAIL: #105 Order served on Christopher Ian Gustard. (Becknal, R)
December 11, 2020 Opinion or Order Filing 104 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Douglas R. McCauley, Matthew McKinney, Laura Zuniga. (Steinheimer, Andrew)
December 11, 2020 Opinion or Order Filing 103 RESPONSE to #102 ORDER to SHOW CAUSE by Douglas R. McCauley, Matthew McKinney, Laura Zuniga. Attorney Steinheimer, Andrew McCunniff added. (Steinheimer, Andrew)
December 2, 2020 Opinion or Order Filing 102 ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 12/2/2020 ORDERING defendants shall show cause, within 14 days, why sanctions should not be imposed for their failure to timely file an answer to plaintiff's first amended complaint. Defendants shall also file an answer within 14 days. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that defendants' default be entered. (Yin, K)
December 2, 2020 Opinion or Order SERVICE BY MAIL: #102 Order to Show Cause served on Christopher Ian Gustard. (Yin, K)
October 1, 2020 Opinion or Order Filing 101 ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from Magistrate Judge *Edmund F. Brennan* to *Magistrate Judge Jeremy D. Peterson* for all further proceedings. As of October 1, 2020, Magistrate Judge Jeremy D. Peterson is reassigned to the Sacramento Division of the Eastern District of California. (Zignago, K.)
October 1, 2020 Opinion or Order SERVICE BY MAIL: #101 Order Reassigning Magistrate Judge, served on Christopher Ian Gustard. (Zignago, K.)
September 1, 2020 Opinion or Order Filing 100 REQUEST FOR ENTRY OF DEFAULT DECLINED as to Douglas R. McCauley, Matthew McKinney. The clerk hereby declines to enter #99 Request for Entry of Default filed by Christopher Ian Gustard due to defendants filed a motion to dismiss on 3/29/19. (TEXT ONLY) (Plummer, M)
September 1, 2020 Opinion or Order SERVICE BY MAIL: 100 Clerk's Decline of Entry of Default, served on Christopher Ian Gustard. (Plummer, M)
August 28, 2020 Opinion or Order Filing 99 REQUEST FOR ENTRY OF DEFAULT as to All Defendants by Christopher Ian Gustard. (Tupolo, A)
August 11, 2020 Opinion or Order Filing 98 ORDER signed by District Judge Troy L. Nunley on 8/10/2020 ADOPTING the findings and recommendations filed 6/22/2020 (ECF No. #97 ), in full; DENYING Plaintiff's Motion for Certification of Constitutional Challenges (ECF No. #77 ) ; DENYING Plaintiff's Notice of Dismissal (ECF No. [82), construed as a Rule 15 Motion to Amend; and DENYING Plaintiff's Motion for Approval to Take Interlocutory Appeal (ECF No. #88 ). (Becknal, R)
August 11, 2020 Opinion or Order SERVICE BY MAIL: #98 Order served on Christopher Ian Gustard. (Becknal, R)
June 22, 2020 Opinion or Order Filing 97 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/22/20 DENYING #89 Motion to Appoint Counsel. Also, RECOMMENDING that Plaintiff's motion for certification of constitutional challenges #77 be denied. Plaintiff's Notice of Dismissal #82 , construed as a Rule 15 Motion to Amend, be denied. Plaintiff's Motion for approval to take interlocutory appeal #88 be denied. Motions #77 , #82 and #88 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
June 22, 2020 Opinion or Order SERVICE BY MAIL: #97 Order, Findings and Recommendations (Motion), Order on Motion to Appoint Counsel, served on Christopher Ian Gustard. (Plummer, M)
June 15, 2020 Opinion or Order Filing 96 REPLY by Christopher Ian Gustard to Response to #88 Motion for Approval to Appeal Order. (Zignago, K.)
April 20, 2020 Opinion or Order RE-SERVICE BY MAIL: #94 Order re-served on Christopher Ian Gustard to #95 Updated Address. (Henshaw, R)
April 16, 2020 Opinion or Order Filing 95 NOTICE of CHANGE of ADDRESS to 937 Leckie Street, Portsmouth VA, 23704 by Christopher Ian Gustard. (Zignago, K.)
April 16, 2020 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/20 GRANTING #93 Motion for Extension of time. Plaintiff has 60 days from the date this order is served to file his reply. (Plummer, M) Modified on 4/17/2020 (Plummer, M).
April 16, 2020 Opinion or Order SERVICE BY MAIL: #94 Order on Motion for Extension served on Christopher Ian Gustard. (Plummer, M)
April 14, 2020 Opinion or Order Filing 93 MOTION for EXTENSION OF TIME until 6/24/2020 to file reply by Christopher Ian Gustard. (Zignago, K.)
March 26, 2020 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Edmund F. Brennan on 03/25/20 GRANTING #91 Motion for Extension of Time. Plaintiff has 14 days from the date this order is served to file his reply. (Plummer, M) Modified on 3/27/2020 (Plummer, M).
March 26, 2020 Opinion or Order SERVICE BY MAIL: #92 Order on Motion for Extension served on Christopher Ian Gustard. (Plummer, M)
March 24, 2020 Opinion or Order Filing 91 MOTION for 14-DAY EXTENSION OF TIME to file reply to #90 Opposition to Motion by Christopher Ian Gustard. (Kaminski, H)
March 9, 2020 Opinion or Order Filing 90 OPPOSITION by Zackery P. Morazzini to #88 Motion for Approval to Appeal Order. (Boutin, Gabrielle)
February 18, 2020 Opinion or Order Filing 89 MOTION to APPOINT COUNSEL by Christopher Ian Gustard. (Kastilahn, A)
February 18, 2020 Opinion or Order Filing 88 MOTION for approval to appeal order by Christopher Ian Gustard. (Kastilahn, A)
January 31, 2020 Opinion or Order Filing 87 ORDER signed by District Judge Troy L. Nunley on 1/30/2020 ADOPTING in FULL the #78 Findings and Recommendations filed 10/29/2019; GRANTING without leave to amend #51 Defendant Morazzini's Motion to Dismiss; and GRANTING in PART and DENIED in PART #52 defendants McCauley and McKinney's Motion to Dismiss. (Reader, L)
January 31, 2020 Opinion or Order SERVICE BY MAIL: #87 Order Adopting Findings and Recommendations, served on Christopher Ian Gustard. (Reader, L)
January 7, 2020 Opinion or Order Filing 86 NOTICE of CHANGE of ADDRESS to Rehabilitation Services, Inc., Christopher I. Gustard, Reg. No. 25427-298, 7718 Warwick Blvd., Newport News, VA 23607 by Christopher Ian Gustard. (Tupolo, A)
December 31, 2019 Opinion or Order Filing 85 RESPONSE by Zackery P. Morazzini to #83 Objections to Findings and Recommendations. (Boutin, Gabrielle)
December 23, 2019 Opinion or Order Filing 84 PROOF of SERVICE by Christopher Ian Gustard.(Mena-Sanchez, L)
December 23, 2019 Opinion or Order Filing 83 OBJECTIONS to FINDINGS and RECOMMENDATIONS #78 by Plaintiff Christopher Ian Gustard. (Mena-Sanchez, L)
December 23, 2019 Opinion or Order Filing 82 MOTION to DISMISS Count 6 in part as to Defendant McKinney and Count 7 in full as to all Defendants by Christopher Ian Gustard. (Mena-Sanchez, L)
November 19, 2019 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/19/2019 GRANTING plaintiff's #80 request and plaintiff has 30 days to file his objections to the findings and recommendations. (Yin, K)
November 19, 2019 Opinion or Order SERVICE BY MAIL: #81 Order on Motion for Extension served on Christopher Ian Gustard. (Yin, K)
November 12, 2019 Opinion or Order Filing 80 MOTION for 30-DAY EXTENSION OF TIME to File Objections to #78 Findings and Recommendations by Christopher Ian Gustard. (Tupolo, A)
November 4, 2019 Opinion or Order Filing 79 NOTICE of RELATED CASE(S) by Christopher Ian Gustard (Reader, L)
October 29, 2019 Opinion or Order Filing 78 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/28/2019 RECOMMENDING #51 Motion to Dismiss be granted without leave to amend and #52 Motion to Dismiss be granted in part, as detailed in this Findings and Recommendations, and otherwise denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
October 29, 2019 Opinion or Order SERVICE BY MAIL: #78 Findings and Recommendations served on Christopher Ian Gustard. (Henshaw, R)
October 7, 2019 Opinion or Order Filing 77 MOTION for CERTIFICATION of Constitutional Challenge to State Statutes and Regulations by Christopher Ian Gustard. (Attachments: #1 Notice)(Benson, A.)
October 4, 2019 Opinion or Order Filing 76 NOTICE CHALLENGING CONSTITUTIONALITY of state statues and regulations by Christopher Ian Gustard. (Coll, A)
September 25, 2019 Opinion or Order Filing 75 REQUEST FOR ENTRY OF DEFAULT DECLINED as to Laura Zuniga. The clerk hereby declines to enter #74 Request for Entry of Default filed by Christopher Ian Gustard due to Laura Zuniga's predecessor Douglas R. McCauley as Executive Officer of the California Architects Board, Landscape Architects Technical Committee filed a motion to dismiss on March 29, 2019. (TEXT ONLY) (Plummer, M) Modified on 8/31/2020 (Plummer, M).
September 25, 2019 Opinion or Order SERVICE BY MAIL: 75 Clerk's Decline of Entry of Default, served on Christopher Ian Gustard. (Plummer, M)
September 23, 2019 Opinion or Order Filing 74 REQUEST FOR ENTRY OF DEFAULT as to Laura Zuniga, Executive Officer, California Architects Board, Landscape Architects Technical Committee by Christopher Ian Gustard. (Mena-Sanchez, L)
September 19, 2019 Opinion or Order Filing 73 NOTICE re Letter to Laura Zuniga by Christopher Ian Gustard. (Attachments: #1 Proof of Service)(Huang, H)
September 16, 2019 Opinion or Order Filing 72 NOTICE of RELATED CASES: Sacramento Superior Court Case No. 34-2016-80002405-CU-WM-GDS, Henrico County Circuit Court Case No. CL15000553-00, CA Court of Appeals Case No. C087404 by Christopher Ian Gustard. (Huang, H)
September 9, 2019 Opinion or Order Filing 71 LETTER to California Architects Board from Christopher Ian Gustard. (Huang, H)
July 31, 2019 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/2019 DENYING as unnecessary plaintiff's #43 motion to substitute Laura Zuniga in place of McCauley; DENYING plaintiff's #43 motion to substitute Stacy Townsend in his official capacity for Matthew McKinney; and DENYING plaintiff's #42 motion to extend time for serving the complaint. (Yin, K)
July 31, 2019 Opinion or Order SERVICE BY MAIL: #70 Order on Motions served on Christopher Ian Gustard. (Yin, K)
July 2, 2019 Opinion or Order Filing 69 REPLY by Zackery P. Morazzini re #51 Motion to Dismiss. (Boutin, Gabrielle)
July 1, 2019 Opinion or Order Filing 68 REQUEST for Clarification by Christopher Ian Gustard re #63 Opposition to Motion, #64 Opposition to Motion. (Kaminski, H)
June 11, 2019 Opinion or Order Filing 67 REPLY by Douglas R. McCauley, Matthew McKinney regarding #64 Opposition. (Attachments: #1 Proof of Service)(Steinheimer, Andrew) Modified on 6/12/2019 (Plummer, M).
June 7, 2019 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/7/19 GRANTING #61 Motion for Extension of time. Plaintiff has 5 days from the date this order is served to file his oppositions and defendant Morazzini has until July 2, 2019 to file a reply. (Kaminski, H)
June 7, 2019 Opinion or Order SERVICE BY MAIL: #66 Order, served on Christopher Ian Gustard. (Kaminski, H)
June 3, 2019 Opinion or Order Filing 65 CERTIFICATE of SERVICE by Christopher Ian Gustard re #63 and #64 Oppositions to Motions. (York, M)
June 3, 2019 Opinion or Order Filing 64 OPPOSITION by Christopher Ian Gustard to #52 Motion to Dismiss. (York, M)
June 3, 2019 Opinion or Order Filing 63 OPPOSITION by Christopher Ian Gustard to #51 Motion to Dismiss. (York, M)
May 30, 2019 Opinion or Order Filing 62 NOTICE of Non-Opposition to Plaintiff's #61 Motion for Extension of Time by Zackery P. Morazzini. (Boutin, Gabrielle)
May 29, 2019 Opinion or Order Filing 61 MOTION for a 5-DAY Extension of Time to file an opposition to #51 #52 Motions to Dismiss by Christopher Ian Gustard. (Becknal, R)
May 20, 2019 Opinion or Order Filing 60 LETTER re Copy Request from Christopher Ian Gustard. (Huang, H)
April 29, 2019 Opinion or Order Filing 59 MOTION for 30-DAY EXTENSION OF TIME to file Opposition to #51 #52 Motion to Dismiss by Christopher Ian Gustard. (Coll, A)
April 26, 2019 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/25/2019 GRANTING plaintiff's #55 request and plaintiff has 30 days to file his oppositions. (Yin, K)
April 26, 2019 Opinion or Order SERVICE BY MAIL: #58 Order on Motion for Extension served on Christopher Ian Gustard. (Yin, K)
April 25, 2019 Opinion or Order Filing 57 STATEMENT of CONDITIONAL NON-OPPOSITION by Zackery P. Morazzini to #55 Motion for Extension of Time. (Boutin, Gabrielle)
April 22, 2019 Opinion or Order Filing 56 REQUEST to be provided with copies of executed waivers and for Personal Service upon Defendant McCauley by Christopher Ian Gustard. (Mena-Sanchez, L)(Response sent: "A waiver of service was filed for defendant McCauley and McKinney on April 2, 2019.") Modified on 4/24/2019 (Plummer, M).
April 19, 2019 Opinion or Order Filing 55 MOTION for 30-DAY EXTENSION OF TIME to file opposition to #51 Motion to Dismiss by Christopher Ian Gustard. (Mena-Sanchez, L) Modified on 4/23/2019 (Plummer, M).
April 2, 2019 Opinion or Order Filing 54 WAIVER of SERVICE RETURNED EXECUTED: Douglas R. McCauley Waiver sent on 1/28/2019; Matthew McKinney Waiver sent on 1/28/2019. (Huang, H)
April 1, 2019 Opinion or Order Filing 53 MINUTE ORDER: It is hereby ordered that defendants Douglas McCauley and Matthew McKinney's request for an extension of time to respond to plaintiffs First AmendedComplaint #50 is GRANTED. Defendants response to the complaint shall be filed no later than April 26, 2019.Ordered by Magistrate Judge Edmund F. Brennan on April 1, 2019. (Text only entry)(Cannarozzi, N)
April 1, 2019 Opinion or Order SERVICE BY MAIL: 53 Minute Order served on Christopher Ian Gustard. (Cannarozzi, N)
March 29, 2019 Opinion or Order Filing 52 MOTION to DISMISS by Douglas R. McCauley, Matthew McKinney. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to the Request, #3 Exhibit 2 to the Request, #4 Proof of Service)(Steinheimer, Andrew)
March 29, 2019 Opinion or Order Filing 51 MOTION to DISMISS by Zackery P. Morazzini. Attorney Boutin, Gabrielle Downey added. (Boutin, Gabrielle)
March 28, 2019 Opinion or Order Filing 50 MOTION for 28-DAY EXTENSION OF TIME to Respond to First Amended Complaint by Douglas R. McCauley, Matthew McKinney. Attorney Steinheimer, Andrew McCunniff added. (Attachments: #1 Proof of Service)(Steinheimer, Andrew)
March 25, 2019 Opinion or Order Filing 49 DECLARATION of SERVICE by Christopher Ian Gustard. (Mena-Sanchez, L)
March 25, 2019 Opinion or Order Filing 48 DECLARATION of Christopher Ian Gustard re #47 Notice. (Mena-Sanchez, L)
March 25, 2019 Opinion or Order Filing 47 NOTICE of Legal Evidence of Service by Christopher Ian Gustard. (Mena-Sanchez, L)
March 11, 2019 Opinion or Order Filing 46 CERTIFICATE of SERVICE by Christopher Ian Gustard re #42 Motion for Extension of Time, #44 Request for Judicial Notice, #43 Motion to Substitute Parties, #45 Request. (Kastilahn, A)
March 4, 2019 Opinion or Order Filing 45 REQUEST for ADDITIONAL SERVICE by Christopher Ian Gustard. (York, M)
March 4, 2019 Opinion or Order Filing 44 REQUEST for JUDICIAL NOTICE by Christopher Ian Gustard. (York, M)
March 4, 2019 Opinion or Order Filing 43 MOTION to SUBSTITUTE Parties by Christopher Ian Gustard. (York, M)
March 4, 2019 Opinion or Order Filing 42 MOTION for Not Less than 90 DAYS or Not More than 180 DAYS EXTENSION OF TIME for SERVICE by Christopher Ian Gustard. (York, M)
February 26, 2019 Opinion or Order Filing 41 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Zackery P. Morazzini on 1/28/2019. (Washington, S)
February 25, 2019 Opinion or Order Filing 40 NOTICE of Additional Service Information by Christopher Ian Gustard (Washington, S)
January 9, 2019 Opinion or Order Filing 39 ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Edmund F. Brennan on 1/9/2019. Consent or Decline due by 2/11/2019. (Henshaw, R)
January 9, 2019 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/8/2019 DIRECTING USM to serve * amended complaint * filed on * 3/30/2018,* on * McCauley, McKinney, and Morazzini* The USM to notify defendants McCauley, McKinney, and Morazzini within 14 days from the date of this order. (Henshaw, R)
January 9, 2019 Opinion or Order SERVICE BY MAIL: #38 Order and Local Rules served on Christopher Ian Gustard. Service documents forwarded to US Marshal. (Henshaw, R)
December 26, 2018 Opinion or Order Filing 37 CERTIFICATE of SERVICE of #36 Notice of Submission of Documents by Christopher Ian Gustard. (Huang, H)
December 19, 2018 Opinion or Order Filing 36 NOTICE OF SUBMISSION OF DOCUMENTS: 3 Summons, 3 USM-285 Forms, and 4 copies of the amended complaint, by Christopher Ian Gustard. (Becknal, R)
December 19, 2018 Opinion or Order Filing 35 REQUEST to issue of summons by Christopher Ian Gustard. (Becknal, R)
November 27, 2018 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/18 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Douglas R. McCauley, Matthew McKinney, Zackery P. Morazzini. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms, and 1 copy of the Amended Complaint filed on 03/30/18 to be completed and returned within 30 days. (Plummer, M)
November 27, 2018 Opinion or Order SERVICE BY MAIL: #34 Service Documents Order, 1 summons, instruction sheet, 3 USM-285 forms and a copy of the 3/30/18 amended complaint served on Christopher Ian Gustard. (Plummer, M)
May 21, 2018 Opinion or Order Filing 33 NOTICE of CHANGE of ADDRESS to FCC, P.O. Box 1000, Petersburg, VA 23804 by Christopher Ian Gustard. (Reader, L)
April 16, 2018 Opinion or Order Filing 32 CERTIFICATE of SERVICE by Christopher Ian Gustard re #30 First Amended Prisoner Civil Rights Complaint. (Washington, S)
March 30, 2018 Opinion or Order Filing 31 NOTICE by Christopher Ian Gustard. (Fabillaran, J)
March 30, 2018 Opinion or Order Filing 30 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Christopher Ian Gustard. (Fabillaran, J)
March 30, 2018 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/29/2018 GRANTING #28 Request for an Extension of Time. Plaintiff has 7 days from the date this order is served to file his amended complaint. (Henshaw, R)
March 30, 2018 Opinion or Order SERVICE BY MAIL: #29 Order served on Christopher Ian Gustard. (Henshaw, R)
March 26, 2018 Opinion or Order Filing 28 MOTION for 7-DAY EXTENSION OF TIME to file Amended Complaint by Christopher Ian Gustard. (Washington, S)
March 19, 2018 Opinion or Order Filing 27 REQUEST to STOP PAYMENT by Christopher Ian Gustard. (Benson, A.) Modified on 3/21/2018 (Plummer, M). (Response sent - The Financial Office sent a check for $65.41 on 5/4/2018 to BOP to be placed back into your trust account, along with notification to cease any further payments for this case.) Modified on 6/6/2018 (Yin, K).
February 15, 2018 Opinion or Order Filing 26 ORDER REASSIGNING CASE signed by Chief Judge Lawrence J. O'Neill: Due to the senior status of District Judge *Garland E. Burrell, Jr.*, this action is reassigned to *District Judge Troy L. Nunley* for all further proceedings. (Zignago, K.)
February 15, 2018 Opinion or Order SERVICE BY MAIL: #26 Order Reassigning Retired or Senior District Judge served on Christopher Ian Gustard. (Zignago, K.)
February 13, 2018 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/12/2018 GRANTING #24 Motion for Extension of Time. Plaintiff has 30 days from the date this order is served to file his amended complaint. (Fabillaran, J)
February 13, 2018 Opinion or Order SERVICE BY MAIL: #25 Order served on Christopher Ian Gustard. (Fabillaran, J)
February 5, 2018 Opinion or Order Filing 24 RENEWED MOTION for EXTENSION OF TIME to file First Amended Complaint by Christopher Ian Gustard. (Mena-Sanchez, L)
January 17, 2018 Opinion or Order Filing 23 ORDER signed by District Judge Garland E. Burrell, Jr on 1/17/2018 ADOPTING in FULL #17 Findings and Recommendations. The following claims are DISMISSED with prejudice: Plaintiff's Fourth Amendment claim; equal protection claim insofar as it is based on membership in a protected class; substantive due process claims; facial due process challenge to 118 and 490 of the California Business and Professions Code; as-applied due process challenge to 118 of the California Business and Professions Code; 1985 conspiracy claims; and pendent state-law claim based on 1094.6 of the California Code of Civil Procedure. Defendant Harris is DISMISSED from the case with prejudice. The complaint is DISMISSED with leave to amend within 30 days. Any amended complaint must include copies of the ALJs decision and the D&O adopting it. (Washington, S)
January 17, 2018 Opinion or Order SERVICE BY MAIL: #23 Order Adopting Findings and Recommendations, served on Christopher Ian Gustard. (Washington, S)
January 9, 2018 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2018 DENYING as premature plaintiff's #21 motion for an extension of time to file an amended complaint. (Yin, K)
January 9, 2018 Opinion or Order SERVICE BY MAIL: #22 Order on Motion for Extension served on Christopher Ian Gustard. (Yin, K)
January 2, 2018 Opinion or Order Filing 21 MOTION for EXTENSION OF TIME to file Amended Complaint by Christopher Ian Gustard. (Attachments: #1 Notice)(Washington, S)
December 15, 2017 Opinion or Order Filing 20 REQUEST for current balance by Christopher Ian Gustard. (Washington, S) (Response sent: "Please see the enclosed account balance information.") Modified on 12/19/2017 (Henshaw, R).
December 14, 2017 Opinion or Order Filing 19 NOTICE of Hearing at Sacramento County Superior Court by Christopher Ian Gustard. (Mena-Sanchez, L)
November 30, 2017 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/30/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Christopher Ian Gustard. The Director of the Federal bureau of Prisons 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: Financial Department) (Henshaw, R)
November 30, 2017 Opinion or Order Filing 17 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/30/2017 GRANTING #15 Motion for Reconsideration, resulting in #10 Motion to Proceed IFP being GRANTED; GRANTING #11 Motion for Extension of Time; DENYING without prejudice #7 Motion for Appointment of Counsel; DIRECTING Clerk of Court to assign a U.S. District Judge to this action; and RECOMMENDING defendant Harris be dismissed from the case with prejudice; the complaint be dismissed with leave to amend within 30 days; and the following claims be dismissed with prejudice: 4th Amendment claim, equal protection claim insofar as it is based on membership in a protected class, substantive due process claims, facial due process challenge to 118 and 490 of the California Business and Professions Code, as-applied due process challenge to 118 of the California Business and Professions Code, 1985 conspiracy claims, and pendent state-law claim based on 1094.6 of the California Code of Civil Procedure. Plaintiff to pay the statutory filing fee of $350. All payments to be collected in accordance with the notice to the Federal Bureau of Prisons filed concurrently herewith. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
November 30, 2017 Opinion or Order SERVICE BY MAIL: #17 Order and #18 Order Directing Prisoner Payment served on Christopher Ian Gustard. #18 Order Directing Prisoner Payment and #10 Motion to Proceed IFP served on Director of the Federal Bureau of Prisons, FCI Fort Dix, Attention: Inmate Trust Account; Federal Correctional Institution, P.O. Box 38, Joint Base MDL, NJ 08640. (Henshaw, R)
September 28, 2017 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/28/2017 DENYING #7 Request for Appointment of Counsel. (Henshaw, R)
September 28, 2017 Opinion or Order SERVICE BY MAIL: #16 Order served on Christopher Ian Gustard. (Henshaw, R)
August 9, 2017 Opinion or Order Filing 15 MOTION for RECONSIDERATION by Christopher Ian Gustard as to #12 Order. (Nguyen, K)
July 24, 2017 Opinion or Order Filing 14 NOTICE of Intent to file a Motion to Correct and Reconsider by Christopher Ian Gustard re #12 Order on Motion to Proceed in forma pauperis. (Washington, S)
July 14, 2017 Opinion or Order Filing 13 REQUEST for COPIES by Christopher Ian Gustard. (Nguyen, K) (Response sent: "If the court finds that service is appropriate in this matter it will issue an order for service of the summons and complaint.") Modified on 7/18/2017 (Henshaw, R).
July 5, 2017 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/5/2017 DENYING #10 Motion to Proceed IFP. Plaintiff to pay the $400 filing fee within 30 days of the date of this order. (Henshaw, R)
July 5, 2017 Opinion or Order SERVICE BY MAIL: #12 Order served on Christopher Ian Gustard. (Henshaw, R)
April 3, 2017 Opinion or Order Filing 11 MOTION for EXTENSION OF TIME re Service of Process of Complaint by Christopher Ian Gustard. (Mena-Sanchez, L)
March 2, 2017 Opinion or Order Filing 10 MOTION to PROCEED IN FORMA PAUPERIS by Christopher Ian Gustard. (Attachments: #1 Notice of Filing Trust Fund Account) (Jackson, T)
February 27, 2017 Opinion or Order Filing 9 REQUEST (Motion) to Appoint Marshal to Serve Summons and Complaint by Christopher Ian Gustard. (Jackson, T) (Response sent - If the court finds that service is appropriate in this matter it will issue an order for service of the summons and complaint.) Modified on 3/1/2017 (Yin, K).
February 14, 2017 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/17 ORDERING that plaintiff has 30 days from the date this order is served to submit the required trust account statement. If plaintiff is unable to comply with this order, he must submit to the court a copy of his request for a copy of his certified trust account statement along with any responses received from prison officials. Failure to comply with this order may result in dismissal. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner.(Dillon, M)
February 14, 2017 Opinion or Order SERVICE BY MAIL: #8 Order, IFP form, served on Christopher Ian Gustard. (Dillon, M)
January 27, 2017 Opinion or Order Filing 7 MOTION to APPOINT COUNSEL by Christopher Ian Gustard. (Washington, S)
January 17, 2017 Opinion or Order Filing 6 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Christopher Ian Gustard. (Kaminski, H)
January 9, 2017 Opinion or Order Filing 5 REQUEST to Issue Summons by Christopher Ian Gustard. (Jackson, T) (Main Document 5 replaced on 1/10/2017) (Washington, S).
January 5, 2017 Opinion or Order Filing 4 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/9/2017 (Attachments: #1 Order re Consent) (Benson, A)
January 5, 2017 Opinion or Order SERVICE BY MAIL: #4 Prisoner New Case Documents for Magistrate Judge as Presider served on Christopher Ian Gustard. (Benson, A)
January 3, 2017 Opinion or Order Filing 3 CERTIFICATE of SERVICE by Christopher Ian Gustard re #1 Prisoner Civil Rights Complaint and #2 IFP Motion. (Benson, A)
January 3, 2017 Opinion or Order Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Christopher Ian Gustard. (Benson, A)
January 3, 2017 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Christopher Ian Gustard. (Attachments: #1 Civil Cover Sheet, #2 Letter re: case does not involve prison conditions, #3 Notice that action involves a challenge to the constitutionality of two State of CA statutes, #4 "Motion" invoking Prisoner Mailbox Rule)(Benson, A)

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Search for this case: (PC) Gustard v. McCauley et al
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Plaintiff: (PC) Gustard
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Plaintiff: Christopher Ian Gustard
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Defendant: Harris
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Defendant: Kamala Harris
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Defendant: Douglas R. McCauley
Represented By: Andrew McCunniff Steinheimer
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Defendant: Matthew McKinney
Represented By: Andrew McCunniff Steinheimer
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Defendant: Zackery P. Morazzini
Represented By: Gabrielle Downey Boutin
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Defendant: Dianna Albini
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Defendant: Laura Zuniga
Represented By: Andrew McCunniff Steinheimer
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