Garces v. Pickett et al
Plaintiff: Luis Manuel Garces
Defendant: J. Pickett, Barton, Schaake, S.L. Chapman, Hurbert, L. Lopez, R. Briggs and M. Voong
Case Number: 2:2017cv00319
Filed: February 10, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Allison Claire
Presiding Judge: John A. Mendez
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
October 13, 2020 Opinion or Order Filing 129 ORDER signed by Magistrate Judge Allison Claire on 10/9/2020 GRANTING 128 Motion to Vacate and Modify the Discovery and Scheduling Order, to Extend the Discovery and Dispositive Motions Deadlines; VACATING the current Discovery and Dispositive Mot ions Deadlines; GRANTING Defendants until 12/22/2020 to take Plaintiff's deposition in accordance with this order; and ORDERING Pretrial Motions, except Motions to Compel Discovery, to be filed on or before 3/16/2021. All other provisions of 115 Discovery and Scheduling Order remain in effect. (Henshaw, R)
July 28, 2020 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Allison Claire on 7/28/2020 DENYING 120 Motion to Compel. (Henshaw, R)
July 22, 2020 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Allison Claire on 7/21/2020 GRANTING 117 Motion for Extension of Time. Defendants to serve responses to Plaintiff's pending request for production of documents, dated 4/16/2019, on or before 8/6/2020. (Henshaw, R)
July 21, 2020 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Allison Claire on 7/20/2020 DENYING 116 Motion to Appoint Counsel. (Tupolo, A)
June 23, 2020 Opinion or Order Filing 114 ORDER signed by District Judge John A. Mendez on 6/22/2020 ADOPTING 105 Findings and Recommendations in full. DENYING 66 Defendants' Motion for Judgment on the Pleadings; The grievance and property claims against Defendants Pickett and Chapman are DISMISSED without leave to amend for the reasons set forth in Section V of the screening order 21 at 4-6. (Mena-Sanchez, L)
May 13, 2020 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Allison Claire on 05/12/2020 GRANTING 108 and 109 Motions for Extension of Time. Plaintiff's Response to defendants' Objections due within 14 days from the service of this order.(Tupolo, A)
March 30, 2020 Opinion or Order Filing 105 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/30/2020 RECOMMENDING 66 Motion for Judgement on the Pleadings be denied and the grievance and property claims against defendants Pickett and Chapman be dismissed without leave to amend. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Henshaw, R)
November 13, 2019 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Allison Claire on 11/13/19 ORDERING that within 14 days of the filing of this order, defendants shall respond to the allegations in plaintiff's 93 motion for an extension of time that his opposition was seized by prison staff. (Plummer, M)
October 24, 2019 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Allison Claire on 10/24/19 ORDERING that within 21 days of the service of this order plaintiff shall respond to defendants motion for judgment on the pleadings. No further extensions will be granted and failure to respond to the motion will result in a recommendation that this action be dismissed for failure to prosecute.(Plummer, M)
August 29, 2019 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 8/28/2019 DENYING 89 Motion for Copies. (Henshaw, R)
July 29, 2019 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Allison Claire on 7/29/2019 GRANTING 87 Motion for Extension of Time. Plaintiff to have up to 9/13/2019 to file a response to 66 Motion for Judgement on the Pleadings. (Henshaw, R)
July 15, 2019 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Allison Claire on 7/15/2019 GRANTING 85 Motion for Extension of Time. Plaintiff shall have 30 days from the date of this order in which to file an opposition to 66 Motion for Judgement on the Pleadings. (Henshaw, R)
June 18, 2019 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Allison Claire on 06/17/19 GRANTING IN PART 80 plaintiff's motion for extension of time. Plaintiff shall have an additional ten days, up to July 11, 2019, in which to file and serve an opposition to defendants motion for judgment on the pleadings; DENYING 80 plaintiff's request to reconsider the order granting defendants' motion for protective order; DENYING 83 plaintiff's motion for appointment of counsel; DENYING 82 motion to delay his deposition. The clerk of the court is directed to serve plaintiff a copy of this court's order filed 5/29/19 76 . (Plummer, M)
June 13, 2019 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Allison Claire on 6/13/19 DENYING plaintiff's 77 motion to Compel without prejudice. (Becknal, R)
May 29, 2019 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Allison Claire on 5/28/2019 GRANTING plaintiff's 74 motion for an extension of time to respond to defendants' motion for judgment on the pleadings and DENYING as moot plaintiff's 75 motion for a stay. Plaintiff shall have 30 days from the service of this order to respond to defendants' motion. (Yin, K)
May 16, 2019 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Allison Claire on 05/15/19 DENYING 70 Motion to Amend. The Clerk of the Court is directed to strike the proposed first amended complaint 71 from the record. Plaintiff is still required to respond to defendants motion for judgment on the pleadings, and failure to do so will result in a recommendation that this action be dismissed for failure to prosecute. (Plummer, M)
May 10, 2019 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 5/9/2019 GRANTING defendant' 67 motion for a protective order staying discovery. The deadlines for responding to any discovery requests that have already been served are STAYED and all ot her deadlines set forth in the 4/9/19 discovery and scheduling order are VACATED. New deadlines will be set, as necessary, upon resolution of the pending motion for judgment on the pleadings. Within 21 days, plaintiff shall file a response to the motion for judgment on the pleadings. (Yin, K)
May 9, 2019 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Allison Claire on 05/08/19 DENYING 64 Motion for a court order. (Plummer, M)
April 26, 2019 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Allison Claire on 4/26/2019 STRIKING 61 Memorandum. (Henshaw, R)
April 8, 2019 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 4/08/19 GRANTING 58 defendants' request to opt out of the post-screening ADR Project. The stay of this action, commencing 3/19/19 53 is LIFTED. The 5/20/19 settlement conference before Ma gistrate Judge Kendall Newman is VACATED. The writ of habeas corpus ad testificandum directing the Warden to produce plaintiff for the settlement conference 57 is VACATED. The Clerk of the Court is directed to serve a copy of this order on the Warden of California Men's Colony at P.O. Box 8101, San Luis Obispo, CA 93409 and a courtesy copy by fax on the Litigation Coordinator at California Men's Coloney at 805-547-7791. (cc: KJN and OTCD) (Plummer, M)
April 5, 2019 Opinion or Order Filing 57 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 04/04/19 ORDERING the Custodian to produce Luis Manuel Garces on 5/20/19 at 1:30 p.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide the new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: KJN and OTCD) (Plummer, M)
March 19, 2019 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Allison Claire on 03/19/19 DENYING 45 motion for a court order directing defendants to respond to the complaint and 49 Motion for Extension of Time to file his opposition to the answer. Plaintiff's request f or a copy of the proof of service 46 is granted and the Clerk of the Court is directed to send plaintiff a copy of the waivers of service 48 . This action is stayed for 120 days to allow the parties an opportunity to settle their dispute before th e discovery process begins. Except as provided herein or by subsequent court order, no other pleadings or other documents may be filed in this case during the stay of this action. The parties shall not engage in formal discovery, but the parties may elect to engage in informal discovery. Within thirty days from the date of this order, plaintiff shall file the attached notice informing the court how he wishes to appear at the settlement conference. At least seven days prior to the settlement conf erence, each party shall submit a confidential settlement conference statement, as described above, to the settlement judge. Defendant shall e-mail the settlement conference statement to the settlement judges proposed orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his settlement conference statement so that it is received by the court at least seven days before the settlement conference. (Plummer, M)
January 16, 2019 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Allison Claire on 1/16/2019 DENYING plaintiff's 39 motion for the appointment of counsel and DENYING plaintiff's 38 motion to amend. (Yin, K)
December 21, 2018 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 12/20/18 DENYING 34 plaintiff's request for entry of default. (Plummer, M)
December 11, 2018 Opinion or Order Filing 33 ORDER signed by District Judge John A. Mendez on 12/10/18 ADOPTING 21 Findings and Recommendations in full. Plaintiff's property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs, and Voong are dismissed without leave to amend. (Coll, A)
October 26, 2018 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Allison Claire on 10/26/18 GRANTING 25 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order in which to file objections to 21 Findings and Recommendations. (Coll, A)
October 1, 2018 Opinion or Order Filing 22 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Luis Manuel Garces signed by Magistrate Judge Allison Claire on 09/28/18. 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 28, 2018 Opinion or Order Filing 21 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/28/18 GRANTING 2 , 19 request for leave to proceed in forma pauperis and DENYING 20 plaintiff's motion for appointment of counsel. Plaintiff is obligate d to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. The clerk of the court is directed to serve plaintiff with a copy of this orde r and findings and recommendations at both his address of record and at California Men's Colony, PO Box 8103, San Luis Obispo, CA 93409-8103. Within 30 days from the date of this order, plaintiff must notify the court of his correct address. S ervice is appropriate for defendants Pickett and Chapman on plaintiff's claim that they failed to protect him, as set forth above in Section IV. The clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and a copy of the complaint filed 2/10/17 1 to be completed and returned within 30 days. Also, RECOMMENDING that as set forth above in Section V, plaintiff's property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs and Voong be dismissed without leave to amend. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
April 14, 2017 Opinion or Order Filing 14 ORDER denying 10 Motion to Stay signed by Magistrate Judge Allison Claire on 4/13/17. (Plummer, M)
March 20, 2017 Opinion or Order Filing 9 ORDER denying 3 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 03/17/17. (Plummer, M)
February 14, 2017 Opinion or Order Filing 4 ORDER Transferring Case to the Sacramento Division of the Eastern District of CA, signed by Magistrate Judge Sheila K. Oberto on 02/14/17. (Martin-Gill, S)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Garces v. Pickett et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Luis Manuel Garces
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: J. Pickett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Barton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Schaake
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: S.L. Chapman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hurbert
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: L. Lopez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: R. Briggs
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: M. Voong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?