Belyew v. Hornea et al
| Lisa Belyew |
| Kory L. Hornea and Gregory Jo Ahern |
| 2:2017cv00508 |
| March 9, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Butte |
| Allison Claire |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
105
ORDER signed by Chief District Judge Kimberly J. Mueller on 02/20/2024 DENYING 103 Motion to Appoint Counsel.(Lopez, K)
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Filing
102
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/16/2023 GRANTING in PART and DENYING in PART 100 Motion to Amend the Complaint. (Reader, L)
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Filing
95
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/21/2023 ADOPTING 91 Findings and Recommendations in full and GRANTING 65 Motion for Summary Judgment as to Claim 1 on the ground Moreland did not violate Plaintiff's Fourth Amendment rights. CASE CLOSED. (Clemente Licea, O)
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Filing
91
ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/12/2023 WITHDRAWING 85 Findings and Recommendations, and RECOMMENDING that 65 Motion for Summary Judgment be granted as to Claim One on the ground that Moreland did not violate plaintiff's Fourth Amendment rights or, alternatively, that Moreland is entitled to qualified immunity; that this case be dismissed; and that Judgment be entered in defendants' favor. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 21 days after being served with these findings and recommendations. (Huang, H)
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Filing
85
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/27/2023 RECOMMENDING that 65 Motion for Summary Judgment be granted as to Claim One on the ground that Moreland did not violate plaintiff's Fourth Amendment rights or, alternatively, that Moreland is entitled to qualified immunity; that this case be dismissed; and that Judgment be entered in defendants' favor. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 21 days after being served with these findings and recommendations. (Huang, H)
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Filing
79
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/23 ADOPTING 73 Findings and Recommendations, except as to sections IV(D)(i) and IV(F). Defendants' 65 motion for summary judgment is GRANTED in PART and DENIED in PART as fo llows: a. Granted with respect to Claims Two and Three on the ground that plaintiff did not exhaust her administrative remedies prior to filing suit; and b. Denied with respect to Claim One on the ground that plaintiff did not exhaust her administrative remedies. This matter is REFERRED back to the assigned magistrate judge for further findings and recommendations consistent with this order. (Kastilahn, A)
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Filing
73
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/30/2022 DENYING 61 Plaintiff's Motion to Quash. RECOMMENDING 65 that Motion for Summary Judgment be granted in part and denied in part. Judgment be entered for Defendants. Referred to Judge Kimberly J. Mueller, and Objections due within 21 days after being served with these F & R's.(Reader, L)
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Filing
64
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full signed by Chief District Judge Kimberly J. Mueller on 09/27/21; DENYING 45 Motion for Preliminary Injunction; DENYING 50 Motion to Supplement the First Amended Complaint; denying 52 Motion to Amend the First Amended Complaint; REFERRING matter back to the assigned magistrate for all further pretrial proceedings. (Benson, A.)
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Filing
62
ORDER signed by Magistrate Judge Allison Claire on 08/11/2021. Motion 61 CONSTRUED as a motion to quash. Defendants shall file a response to the motion within 21 days of the service of this order. Plaintiff may file a reply within 14 days of the service of the response. (Rodriguez, E)
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Filing
59
ORDER signed by Magistrate Judge Allison Claire on 7/26/21 DENYING 58 Motion to Compel. (Plummer, M)
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Filing
56
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/7/2021 RECOMMENDING plaintiff's 45 motion for temporary restraining order be denied; plaintiff's 50 motion to supplement the first amended complaint be denied; and plaintiff's 52 motion to amend the first amended complaint be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K) Modified on 6/7/2021 (Yin, K).
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Filing
46
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/23/2021 ADOPTING 44 Findings and Recommendations in full; DENYING 37 Motion to Dismiss; Defendants shall file an answer to the amended complaint within twenty-one days.(Mena-Sanchez, L)
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Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/27/20 RECOMMENDING that defendants motion to dismiss 37 be denied. If these findings and recommendations are adopted by the District Judge, defendants be directed to file an answer to the amended complaint within 21 days of the order adopting these findings and recommendations. Motion to Dismiss 37 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
35
ORDER signed by Magistrate Judge Allison Claire on 7/14/2020 DENYING defendants' 32 motion to dismiss, without prejudice to a motion in the proper form. Within 14 days, defendants must: (1) re-file their motion to dismiss without the exhaustion argument; (2) file a motion for summary judgment on exhaustion that complies with the applicable rules and includes the notice required by Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc); or (3) answer the complaint. (Yin, K)
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Filing
31
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/3/20 ADOPTING 26 Findings and Recommendations. Plaintiff's claims against defendant Honea are dismissed without leave to amend. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. (Kaminski, H)
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Filing
26
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/30/2020 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms with Notice of Submission of Documents within 30 days from the date of this order; ORDERIN G Clerk to randomly assign a U.S. District Judge to this action; and RECOMMENDING Plaintiff's claims against defendant Honea be dismissed without leave to amend. Service is appropriate for Moreland and Spencer. Clerk to send plaintiff: 1 Su mmons, 2 USM-285 Forms with instruction sheet, and 1 copy of the Amended Complaint filed on 10/31/2019. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 30 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
20
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Lisa Belyew signed by Magistrate Judge Allison Claire on 10/16/2019. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial) (Yin, K)
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Filing
10
ORDER signed by Magistrate Judge Allison Claire on 5/2/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, a certified copy of her prison trust account statement. (Henshaw, R)
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Filing
7
ORDER signed by Magistrate Judge Allison Claire on 4/4/201 ORDERING plaintiff to submit, within 30 days, a certified copy of her prison trust account statement. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.(Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Allison Claire on 3/17/2017 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff's 2 motion for appointment of counsel is DENIED without prejudice. (Yin, K)
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