Lear v. Avila, et al.
Plaintiff: Roderick William Lear
Defendant: D Avila, Laura Christensen and J. Lewis
Case Number: 2:2017cv00326
Filed: January 17, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Edmund F. Brennan
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
September 9, 2020 Opinion or Order Filing 64 ORDER signed by District Judge John A. Mendez on 9/9/2020 ADOPTING 62 Findings and Recommendations in full and SUBSTITUTING CDCR in place of HDSP as defendant in this action. (York, M)
July 23, 2020 Opinion or Order Filing 62 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/22/2020 RECOMMENDING that CDCR be substituted in place of HDSP as defendant in this action. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
May 8, 2020 Opinion or Order Filing 61 ORDER signed by District Judge John A. Mendez on 5/7/2020 ADOPTING 56 Findings and Recommendations in full. All claims in the third amended complaint, other than plaintiff's ADA claim against High Desert State Prison, are DISMISSED without l eave to amend. This matter is REFERRED back to the assigned magistrate judge to initiate service of process of the ADA claim against defendant High Desert State Prison pursuant to the Court's E-Service pilot program for civil rights cases for the Eastern District of California. (Zignago, K.)
February 12, 2020 Opinion or Order Filing 56 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/11/20 ORDERING the Clerk of Court is directed to add High Desert State Prison as a defendant to this action. Plaintiff's third amended complaint alleges, f or screening purposes, a viable Americans with Disabilities Act claim against defendant High Desert State Prison. Also, RECOMMENDING that for the reasons stated above, all claims in the third amended complaint, other than plaintiffs ADA claim agains t High Desert State Prison, be dismissed without leave to amend. This matter be referred back to the undersigned to initiate service of process of the ADA claim against defendant High Desert State Prison pursuant to the Courts E-Service pilotprogram for civil rights cases for the Eastern District of California. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
June 26, 2019 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/26/2019 GRANTING 53 Motion for Extension. Plaintiff has 30 days from the date this order is served to file his third amended complaint. (York, M)
May 22, 2019 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/22/2019 DISMISSING plaintiff's second amended complaint with leave to amend within 30 days. Failure to comply with any part of this this order may result in dismissal of this action. (Yin, K)
June 28, 2018 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/28/2018 GRANTING 46 Motion for Extension of Time. Plaintiff has 45 days from the date this order is served to file his amended complaint. (Henshaw, R)
June 26, 2018 Opinion or Order Filing 47 ORDER ADOPTING 44 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 6/25/2018 DENYING 30 Motion to Strike as moot and DENYING 35 Motion for Preliminary Injunction. (Fabillaran, J)
May 18, 2018 Opinion or Order Filing 44 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/17/18 ORDERING the amended complaint 38 is DISMISSED with leave to amend within 30 days. Plaintiff's motion for an extension of time to file an amended complaint 37 is DENIED as moot. Plaintiff's motion to appoint counsel 38 is DENIED. The Clerk is directed to send plaintiff a copy of the prisoner civil rights complaint used by this court. Also, RECOMMENDING that defendants Avila and Christensen's motion to strike 30 be denied as moot; and plaintiff's motion for a preliminary injunction 35 be denied. Motions 30 and 35 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 20, 2017 Opinion or Order Filing 36 ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that plaintiff's motion for reconsideration of the court's September 1, 2017, order denying his request for injunctive relief (ECF No. 25 ) is DENIED.(Becknal, R)
December 7, 2017 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/7/2017 DENYING as unnecessary 28 Motion to Amend. Plaintiff to file an amended complaint on or before 12/26/2017. (Henshaw, R)
September 1, 2017 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/1/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Roderick William Lear. The Director of the CDCR shall collect monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
February 22, 2017 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/17 ORDERING that plaintiff has 30 days from the date of service of this order to submit eitherthe filing fee or the IFP application. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
February 15, 2017 Opinion or Order Filing 9 ORDER (1) Severing Claims and (2) Transferring Severed Portion to the Eastern District of California, Sacramento Division, signed by Magistrate Judge Michael J. Seng on 2/15/17. (Hellings, J)
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Plaintiff: Roderick William Lear
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Defendant: D Avila
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Defendant: Laura Christensen
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Defendant: J. Lewis
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