Bell v. Martel et al
Plaintiff: Michael Xavier Bell
Defendant: Michael Martel and C. Shirley
Case Number: 2:2017cv00063
Filed: January 11, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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 15, 2020 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/15/20 GRANTING 96 Motion for Reconsideration; and VACATING 95 the court's scheduling order. All deadlines referenced in this order are VACATED. Plaintiff is directed to file a status report within 14 days of his transfer to any CDCR institution following his re-sentencing in the Los Angeles County Superior Court. (Plummer, M)
October 2, 2020 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/01/20 ORDERING Discovery and Law and Motion are closed. Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or b efore December 4, 2020. Defendants shall file their pretrial statement on or before December 21, 2020. The pretrial conference is set in this case for January 5, 2021, before the magistrate judge. The pretrial conference shall be conducted on the file only, without appearance by either party. (Plummer, M)
September 23, 2020 Opinion or Order Filing 93 ORDER signed by Senior Judge Morrison C. England, Jr. on 9/22/2020 ADOPTING 91 Findings and Recommendations in full. The 86 motion for summary judgment is GRANTED with respect to defendants Quinto, Brown, and Spalding based on plaintiffs failure to exhaust his administrative remedies. The motion is DENIED as to defendants Agapay, Gill, Go, Gatchalian, Simon, Urquidez, and Espino-Acevedo. The motion for summary judgment is DENIED with respect to defendants Wagner and Richardson because no arg ument was presented that plaintiff failed to exhaust his administrative remedies concerning the claims against these defendants. Defendants Quinto, Brown, and Spalding are DISMISSED without prejudice from this action. This action shall proceed against defendants Agapay, Gill, Go, Gatchalian, Simon, Uriquidez, Espino-Acevedo, Wagner, and Richardson. (Zignago, K.)
July 13, 2020 Opinion or Order Filing 91 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/13/2020 RECOMMENDING 86 Motion for Summary Judgment be granted with respect to defendants Quinto, Brown, and Spalding and denied as to defendants Agapay, Gill, Go, Gatc halian, Simon, Urquidez, and Espino-Acevedo; 86 Motion for Summary Judgment be denied with respect to defendants Wagner and Richardson; and defendants Quinto, Brown, and Spalding be dismissed without prejudice from this action. Referred to Judge Morrison C. England, Jr. Objections due within 30 days after being served with these findings and recommendations. (Henshaw, R)
June 10, 2020 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/10/2020 GRANTING 88 Motion to Modify the Scheduling Order; VACATING all pending deadlines in this case; and STAYING discovery pending further order of the court. (Henshaw, R)
October 24, 2019 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/24/2019 VACATING the 77 Findings and Recommendations issued on 8/28/2019 and GRANTING plaintiff's 81 motion to conduct a settlement conference via correspondence. The parties ma y engage in settlement negotiations for a period of 60 additional days from the date of this order. The court will issue a discovery and scheduling order governing further proceedings in this matter should this case not settle by 1/6/2020. (Yin, K)
August 28, 2019 Opinion or Order Filing 77 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/28/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
August 8, 2019 Opinion or Order Filing 76 ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 08/08/19 ORDERING plaintiff shall show cause within 14 days why this case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failing to comply with a court order requiring his participation at the August 1, 2019 settlement conference. (Plummer, M)
June 24, 2019 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/21/19 GRANTING IN PART AND DENYING IN PART 72 Motion for an order vacating discovery deadlines. (Plummer, M)
June 20, 2019 Opinion or Order Filing 71 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 6/20/2019 ORDERING the custodian to produce Michael Xavier Bell 5488643/T-43037, before Magistrate Judge Kendall J. Newman, by video conference from CIM, to the US District Court, Courtroom #25, on 8/1/2019 at 9:00 a.m; the CDCR CIM Transportation Department will provide same day transportation service of the inmate to and from the county jail; the custodian is ordered to notify the court o f any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; counsel for defendant shall confirm with the prison no less than two days prior to the settlement conference that the prison's video conference equipment will connect to the court's system; and the Clerk shall serve a copy of this order and writ on the CIM Warden. (cc: KJN, ADR, OTCD, IT) (Yin, K)
May 6, 2019 Opinion or Order Filing 64 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 5/6/2019 ORDERING the custodian to produce Michael Xavier Bell, BK No. 5488643, to testify on 5/17/2019 at 1:30 p.m. in courtroom 590, 255 East Temple Street, Los Angeles, CA, before Magistrate Judge Rozella A. Oliver; 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: ADR) (Yin, K)
January 10, 2019 Opinion or Order Filing 55 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/10/19 ORDERING the Custodian to produce Michael Xavier Bell by telephonic conferencing on 1/22/19 at 9:00 a.m. in courtroom 25 before Magistrat e Judge Kendall J. Newman. 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 order and writ on the Custodian. (cc: KJN)(Plummer, M)
November 30, 2018 Opinion or Order Filing 54 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 11/30/18 ORDERING the Custodian to produce by video conference, Michael Xavier Bell on 1/22/19 at 9:00 a.m. in courtroom 25 before Magistrate Ju dge Kendall J. Newman. 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 order and writ on the Custodian. (cc: I.T. Dept, Sacramento and KJN)(Plummer, M)
October 30, 2018 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/30/18 ORDERING ( Settlement Conference set for 1/22/2019 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential set tlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlemen t statement Attn: Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so that it arrives at least seven (7) days prior to the settlement conference. The envelope shall be marked SETTLEMENT STATEMENT. The dat e and time of the settlement conference shall be prominently indicated on the settlement statement. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). The previously set discovery and pretrial motion deadlines are vacated and this case is stayed pending further order of the court.. (Plummer, M)
October 23, 2018 Opinion or Order Filing 50 ORDER signed by District Judge Morrison C. England, Jr on 10/23/18 AFFIRMING 32 Order and DENYING 34 Motion to Appoint Counsel without prejudice.(Coll, A)
October 15, 2018 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/15/2018 DENYING without prejudice plaintiff's 44 motion for the appointment of counsel. (Yin, K)
July 31, 2018 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/18 DENYING 31 Motion for Discovery. (Plummer, M)
April 26, 2018 Opinion or Order Filing 26 ORDER signed by District Judge Morrison C. England, Jr. on 4/25/2018 FINDINGS AND RECOMMENDATIONS 22 are ADOPTED in FULL; the claims against defendants Michael Martel, John Sanzberro and C. Shirley, as well as the retaliation claim against defendant Copeland are DISMISSED without leave to amend for failing to state a claim upon which relief can be granted.(Reader, L)
March 13, 2018 Opinion or Order Filing 22 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/13/2018 ORDERING the Clerk to randomly assign this case to a District Court Judge; service is appropriate for E. Quinto, D. Brown, Richardson, E. Espino-Acevedo, J . Wagner, T. Agapay, G. Gill, Gatchalian, Simon, J. Go, Urquidez, Spalding; the Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED the claims against def endants Michael Martel, John Sanzberro, and C. Shirley, as well as the retaliation claim against defendant Copeland be dismissed without leave to amend for failing to state a claim upon which relief can be granted. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K)
July 7, 2017 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/6/2017 DENYING without prejudice 16 Motion to Appoint Counsel and GRANTING 16 Request for Extension of Time. Plaintiff is granted 60 days from the date of this order to file an amended complaint. (Henshaw, R)
May 10, 2017 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/9/2017 GRANTING 12 Motion for Extension of Time. Plaintiff to file amended complaint within 60 days from the date of this order. (Henshaw, R)
April 12, 2017 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/12/17 granting 7 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. Plaintiff's claims against all defendants except Richardson and Wagner are dismissed with leave to amend. If plaintiff elects to amend, the Amended Complaint shall be filed no more than 30 days from the date of this order. Plaintiff's motion to appoint counsel 6 is denied without prejudice to renewal at a later stage of this litigation. (Plummer, M)
January 19, 2017 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/19/17 ORDERING that the Clerk of the Court shall provide plaintiff with another copy of the in forma pauperis application used by this court; and plaintiff shall submit, within 30 days from the date of this order, a fully completed in forma pauperis application.(Dillon, M)
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Plaintiff: Michael Xavier Bell
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Defendant: Michael Martel
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Defendant: C. Shirley
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