Brownlee v. Jones et al
| Benjamin Justin Brownlee |
| Scott Jones, Hays, Hernandez, Lisa Gayman, Yee, Rose, Smolich, S. Anderson, Douglas, Jackson, Thompson, James, Blist, Fry, Smith, Grinder, Going, Gomes and Schmenk |
| 2:2017cv00872 |
| April 25, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
70
STIPULATION and ORDER DISMISSING signed by Magistrate Judge Carolyn K. Delaney on 06/24/20 ORDERING entire action, including all claims and counterclaims stated herein against all parties, is hereby dismissed with prejudice. All pending motions are terminated. ECF Nos. 55 , 57 , 59 . pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/1/2020 DENYING plaintiff's 66 request to schedule a settlement conference in this matter. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/18/20 DENYING 58 Motion to Appoint Counsel. (Plummer, M)
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Filing
54
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/18/2019 DENYING without prejudice plaintiff's 52 motion for the appointment of counsel. (Yin, K)
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Filing
45
ORDER signed by District Judge Kimberly J. Mueller on 2/12/19 ADOPTING 37 Findings and Recommendations in full. This case is PROCEEDING only on the Eighth Amendment deliberate indifference claims against defendants Jackson, Thompson, James, Smi th, Goings, Grinder, Gomez, and Schmenk. The remaining claims against defendants Jones, Hernandez, Gayman, Rosales, Smolich, Anderson, Douglas, Rose, Peoples, Fry, Blyst, Yee and Hayz, and the verbal harassment claim against defendant James are DISMISSED for failing to state a claim upon which relief can be granted. The matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Coll, A)
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Filing
41
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/26/18 DENYING 40 Motion to Appoint Counsel without prejudice; GRANTING 40 Motion for 90 day Extension in which to submit the documents necessary to effect service on defendants ; GRANTING one last 30 day extension in which to file objections to this court's 40 Findings and Recommendations. (Benson, A.)
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Filing
39
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/18 GRANTING plaintiff 30 days from the date of this order to complete and submit service documents and GRANTING plaintiff 14 days from the date of this order to file any objections to 37 Findings and Recommendations. (Coll, A)
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Filing
37
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/17/18 ORDERING the Clerk of Court randomly assign this case to a district judge. Also, RECOMMENDING The remaining claims against defendants Jones, Hernandez, Gayman, Rosales, Smolich, Anderson, Douglas, Rose, Peoples, Fry, Blyst, Yee and Hayz, and the verbal harassment claim against defendant James be dismissed for failing to state a claim upon which relief can be granted; and, this case proceed only on the Eighth Amendment deliberate indifference claims against defendants Jackson, Thompson, James, Smith, Goings, Grinder, Gomez, and Schmenk. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
33
ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/19/18 ORDERING plaintiff has the option: a) to proceed immediately on his Eighth Amendment deliberate indifference claims against defendants Jackson, Thompson, James, Smith, Goings, Grinder, Gomez, and Schmenk; or, b) to amend the complaint to try to fix the deficiencies with the remaining defendants except the verbal harassment claim against defendant James. Within twenty-one days of service of this order, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the current first amended complaint or whether he wants time to file a second amended complaint.(Plummer, M)
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Filing
29
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/11/2018 DENYING 27 request for the appointment of counsel; and DENYING plaintiff's 27 request for an investigator, large print materials, and phone access. (Yin, K)
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Filing
24
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/22/2018 DENYING without prejudice 23 Motion to Appoint Counsel. Plaintiff has failed to meet his burden of demonstrating exceptional circumstances warranting the appointment of counsel at this time. (Fabillaran, J)
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Filing
17
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/14/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Benjamin Justin Brownlee. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
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Filing
14
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2017 DENYING plaintiff's 13 motion for appointment of counsel. (Yin, K)
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Filing
9
ORDER denying 6 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 06/06/17. (Plummer, M)
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Filing
4
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/2017 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified copy of his trust account statement. (Yin, K)
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