Gonzalez v. Brown
Plaintiff: Mario Amador Gonzalez
Defendant: Edmond G. Brown, Baughman, Clough, Bales, Byers, E. Miner, J Burke, A. Cross, J. Lewis, R. Valine, C. Jinn, J. Leech, Walker, Kevin Grinde and California Department of Corrections & Rehabilitation
Case Number: 2:2017cv00176
Filed: January 26, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Presiding Judge: William B. Shubb
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 27, 2022 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Dennis M. Cota on 12/23/2022 LIFTING the stay pursuant to the 78 Stipulation. Joint proposed discovery plan and scheduling order due by 1/20/2023. (Spichka, K.)
November 21, 2022 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/2022 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Any motion to opt out of the Post-screening ADR Project shall be filed within 30 days. If settlement is reached, the parties shall file a Notice of Settlement.(Yin, K)
October 4, 2022 Opinion or Order Filing 72 ORDER signed by Senior Judge William B. Shubb on 10/4/2022 ADOPTING 71 The Findings and Recommendations in full; GRANTING 68 Motion to Dismiss. Plaintiff's Fourth Amendment claim (first claim) is DISMISSED with prejudice; Plaintiff' s due process and related claims (second claim) are DISMISSED with prejudice; Plaintiff's conspiracy claims (fourth and fifth claims) are DISMISSED with prejudice; Plaintiff's state law claims (sixth and seventh claims) are DISMISSED wit h prejudice; Plaintiff's Eighth Amendment claims (third and eighth claims) are DISMISSED as against all defendants except Defendants Grinde, Bodenhamer, and Clough regarding medical needs and Defendant Burke, Cross, Valine, Lewis, Kinn, Leech , Spark, Walker, and Byers regarding excessive force; This action shall proceed against Defendants Grinde, Bodenhamer, Clough, Burke, Cross, Valine, Lewis, Kinn, Leech, Spark, Walker, and Byers on Plaintiff's Eighth Amendment claims (third and eighth claims) and all other defendants are DISMISSED; and Defendants shall file an answer to Plaintiff'S seventh amended complaint within 30 days of the date of this order. (Mena-Sanchez, L)
August 3, 2022 Opinion or Order Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 08/03/22 RECOMMENDING that defendants' motion to dismiss 68 be granted. Plaintiff's Fourth Amendment claim (first claim) be dismissed with prejudice. Plaintiff 9;s due process and related claims (second claim) be dismissed with prejudice. Plaintiff's conspiracy claims (fourth and fifth claims) be dismissed with prejudice. Plaintiff's state law claims (sixth and seventh claims) be dismissed with pr ejudice. Plaintiff's Eighth Amendment claims (third and eighth claims) be dismissed as against all defendants except Defendants Grinde, Bodenhamer, and Clough regarding medical needs and Defendants Burke, Cross, Valine, Lewis, Kinn, Leech, Spark , Walker, and Byers regarding excessive force. This action proceed against Defendants Grinde, Bodenhamer, Clough, Burke, Cross, Valine, Lewis, Kinn, Leech, Spark, Walker, and Byers on Plaintiff's Eighth Amendment claims (third and eighth claims) and that all other named defendants be dismissed. Motion 68 referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
January 26, 2022 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Dennis M. Cota on 1/26/2022 ORDERING the Court has screened and found the 62 seventh amended complaint appears to state a cognizable claims against the following defendants: Burke, Cross, Valine, Lewis, Clough, K inn, Leech, Kevin Grinde, Spark, Walker, Byers, Bodenhamer. Pursuant to the Court's 9/30/2021 order, defendants shall file a response to the seventh amended complaint within 21 days. Motions filed in this case shall be noticed and briefed pursuant to Eastern District of California Local Rule 230(l). (Yin, K)
January 3, 2022 Opinion or Order Filing 66 ORDER signed by Senior Judge William B. Shubb on 12/29/2021 ADOPTING 65 Findings and Recommendations in full, DISMISSING this action against defendants Newsom, Bales, Miner, Baughman, Kernan, Ross, Stakes, and California Department of Corrections and Rehabilitation. (Coll, A)
November 5, 2021 Opinion or Order Filing 65 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 11/05/21 RECOMMENDING that defendants Newsom, Bales, Miner, Baughman, Kernan, Ross Stakes and California Department of Corrections and Rehabilitation be dismissed as defendants in this action. Referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
September 30, 2021 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Dennis M. Cota on 09/29/21 GRANTING 63 Request that the court screen the seventh amended complaint. The Court will screen Plaintiffs Seventh Amended Complaint. If Plaintiff is allowed to proceed on the Seventh Amended Complaint, Defendants shall have twenty-one days after the Courts issuance of the screening order to file a responsive pleading. (Plummer, M)
August 4, 2021 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Dennis M. Cota on 08/04/21 ORDERING that Plaintiff may file a seventh amended complaint within 30 days of the date of service of this order.(Plummer, M)
March 23, 2021 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Dennis M. Cota on 3/23/2021 DISMISSING 53 Fifth Amended Complaint with leave to amend and ORDERING Plaintiff to file a Sixth Amended Complaint within 30 days of the date of this order. (Henshaw, R)
September 21, 2020 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Dennis M. Cota on 09/18/20 STRIKING 50 Motion to Dismiss the clerk is directed to terminate this filing as a pending motion; DENYING 54 Motion for Reconsideration and GRANTING 56 defendants' request for screening of the fifth amended complaint. This action proceeds on plaintiff's 53 fifth amended complaint. By separate order, the Court will address the sufficiency of the fifth amended complaint. (Plummer, M)
May 21, 2020 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Dennis M. Cota on 5/21/2020 ORDERING, pursuant to LR 230 (c), the hearing scheduled for 6/3/2020 at 10:00 a.m. in Redding, California is taken off calendar and 50 Motion to Dismiss is submitted on the record and briefs without oral argument, as no opposition has been filed. (Henshaw, R)
March 20, 2020 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Dennis M. Cota on 3/19/2020 SUBMITTING, pursuant to General Order 612, the scheduling conference set for 5/13/2020, before the undersigned in Redding, CA, on the joint scheduling statement the Court ORDERS be filed by 5/6/2020. By separate order, the Court will issue a schedule for this matter. (York, M)
March 11, 2020 Opinion or Order Filing 46 STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 03/10/20 ORDERING the deadline for all defendants to file a responsive pleading is extended until 4/23/20. (Plummer, M)
February 26, 2020 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Dennis M. Cota on 02/25/20 ORDERING the Orders to Show Cause are discharged ( Initial Scheduling Conference set for 5/13/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota.) (Plummer, M)
January 13, 2020 Opinion or Order Filing 39 ORDER to SHOW CAUSE signed by Magistrate Judge Dennis M. Cota on 1/10/20 VACATING the 1/15/20 scheduling conference. Plaintiff is directed to show cause in writing within 30 days of the date of this order why this action should not be dismissed for lack of prosecution and failure to comply with court rules and orders. (Plummer, M)
January 10, 2020 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Dennis M. Cota on 1/10/2020 VACATING the scheduling conference and ORDERING Plaintiff to SHOW CAUSE in writing within 30 days of the date of this order why the action should not be dismissed for lack of prosecution and failure to comply with court rules and orders. (Henshaw, R)
October 1, 2019 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Dennis M. Cota on 10/1/2019 ORDERING the Clerk to issue a summons, the undersigned's new case documents, and an order setting this matter for an initial scheduling conference; the Clerk shall send plaintiff the summons, 19 USM-285 forms and a copy of the fourth amended complaint; within 15 days, plaintiff shall submit to the USM the documents for service; within 20 days, plaintiff shall file a notice indicating the service documents have been submitted to t he USM, or a notice that plaintiff intends to serve process without assistance from the USM. The Clerk shall serve a copy of this order on the USM; the Clerk shall substitute Gavin Newsom for his predecessor Edmund G. Brown as a defendant and reinstate CDCR as an active defendant. (Yin, K)
August 2, 2019 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Dennis M. Cota on 08/01/19 ORDERING plaintiff may file a fourth amended complaint within 30 days of the date of service of this order. (Plummer, M)
June 26, 2019 Opinion or Order Filing 28 ORDER signed by Senior Judge William B. Shubb on 6/25/2019 ADOPTED in FULL 23 the Findings and Recommendations, and DENYING 22 Plaintiff's request for injunctive relief. (Reader, L)
June 17, 2019 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Dennis M. Cota on 06/17/19 GRANTING 25 plaintiff's request, construed as a motion for extension of time. Plaintiff may file a third amended complaint within 30 days of the date of this order. (Plummer, M)
March 18, 2019 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Dennis M. Cota on 3/15/2019 ORDERING the Clerk to update the docket to correct defendant "C. Jin" to "C. Kinn"; to terminate California Department of Corrections & Rehabilitation as a defendant; and add defendants Scott Kernan, Ross, D. Bodenhamer, Sparks and Stakes. Plaintiff may file a third amended complaint within 30 days. (Yin, K)
March 15, 2019 Opinion or Order Filing 23 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 03/15/19 RECOMMENDING that plaintiff's request for injunctive relief 22 be denied. MOTION for injunctive relief referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
August 8, 2018 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Craig M. Kellison on 08/07/18 GRANTING 15 Motion for leave to amend. This action proceeds on the second amended complaint filed on 1/18/18. Plaintiff's motion for the appointment of counsel 12 is DENIED. (Plummer, M)
January 17, 2018 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/18 GRANTING 2 Motion to Proceed IFP and DENYING 9 plaintiff's motion to amend. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Also, DIRECT ING MONTHLY PAYMENTS be made from Prison Account of Mario Amador Gonzalez. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial) (Plummer, M)
September 29, 2017 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Craig M. Kellison on 09/29/17 DENYING 3 Motion to Appoint Counsel. (Plummer, M)
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Plaintiff: Mario Amador Gonzalez
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Defendant: Edmond G. Brown
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Defendant: Baughman
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Defendant: Clough
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Defendant: Bales
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Defendant: Byers
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Defendant: E. Miner
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Defendant: J Burke
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Defendant: A. Cross
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Defendant: J. Lewis
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Defendant: R. Valine
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Defendant: C. Jinn
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Defendant: J. Leech
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Defendant: Walker
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Defendant: Kevin Grinde
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Defendant: California Department of Corrections & Rehabilitation
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