Franks v. Kelso et al
| Tom Mark Franks |
| J. Clark Kelso, M. Spearman, M. Giddings and Steven Paul |
| 2:2017cv01056 |
| May 18, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| Garland E. Burrell |
| 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
114
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/29/023 ADOPTING 113 The Findings and Recommendations in full; 106 Motion for Summary Judgment is DENIED as moot. This action is DISMISSED with prejudice pursuant to Rule 41(b) of the FRCP. The Clerk of Court shall close this case. CASE CLOSED. (Mena-Sanchez, L)
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Filing
113
ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/22/2023 VACATING 111 Findings and Recommendations. It is RECOMMENDED that the 106 Motion for Summary Judgment be denied as moot and the action be dismissed with prejudice pursuant to Rule 41(b). Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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Filing
111
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/24/22 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b). Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
101
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 3/1/2022 ORDERING Custodian to produce Tom M. Franks via Zoom video conference at 9:00 a.m. on 4/14/2022 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: IT Dept & KJN) (Henshaw, R)
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Filing
100
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/22, ( Settlement Conference set for 4/14/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The settlement conference will be conducted by remote means, with all parties appearing by Zoom video conference. The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the foll owing email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlement statement Attn: Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so that it arrives at least 7 d ays prior to the settlement conference. The envelope shall be marked "SETTLEMENT STATEMENT." The date and time of the settlement conference shall be prominently indicated on the settlement statement. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at the RJ Donovan Correctional Facility, via facsimile at (619) 671-7566 or by email. (cc: ADR and KJN)(Plummer, M) Modified on 1/27/2022 (Plummer, M).
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Filing
99
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Carolyn K. Delaney on 1/24/22. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (Plummer, M)
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Filing
90
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/08/21 DENYING 89 Motion to Appoint Counsel. (Plummer, M)
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Filing
86
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/20 DENYING 84 Motion to Appoint Counsel. (Plummer, M)
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Filing
83
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/27/20 DENYING 81 , 82 Motions to Appoint Counsel. (Plummer, M)
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Filing
79
ORDER ADOPTING 64 Findings and Recommendations in full signed by Chief District Judge Kimberly J. Mueller on 09/29/20 as follows: defendant's 35 50 Motion for Summary Judgment is DENIED as to Claim II in plaintiff's complaint and is GRANTED as to Claim III. Plaintiff's 70 03/13/20 Objections are STRICKEN. This matter is REFERRED back to the assigned magistrate judge for further proceedings. (Benson, A.)
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Filing
78
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/20/2020 DENYING 77 Motion to Appoint Counsel. (Henshaw, R)
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Filing
74
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/31/2020 DENYING 71 Motion for Leave to File and Amended Complaint and STRIKING 72 Amended Complaint. (Henshaw, R)
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Filing
68
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/11/20 DENYING 66 Motion to Appoint Counsel. (Plummer, M)
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Filing
64
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/14/20 RECOMMENDING defendant's 50 motion for summary judgment be denied as to Claim II in plaintiff's complaint and be granted as to Claim III. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
60
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/19 DENYING 58 Motion to Amend the Complaint. (Plummer, M)
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Filing
52
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/16/2019 ORDERING Plaintiff to file an opposition or statement of non-opposition to the pending 35 Motion for Summary Judgment within 30 days of the date of this order. (Henshaw, R)
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Filing
49
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/2019 DENYING plaintiff's 39 motion to compel and GRANTING defendant 14 days within which to renew his motion for summary judgment. (Yin, K)
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Filing
47
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/02/19 DENYING 35 Motion for Summary Judgment. Within 5 days, defendant shall submit to the court a copy of his responses to plaintiffs second request for production of documents. (Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/3/2019 DENYING 41 Motion to Appoint Counsel. (Henshaw, R)
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Filing
38
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/18/18 GRANTING 37 Motion for Extension of Time. Plaintiff is GRANTED up to and including 12/28/2018, in which to file an opposition to the pending 35 Motion for Summary Judgment. Plaintiff's failure to file an opposition by 12/28/2018 will result in a recommendation that this action be dismissed without prejudice. (Huang, H)
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Filing
34
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/08/18 GRANTING 27 Motion to re-open discovery only in the following respects: Defendant shall submit a response to plaintiffs second request for production of documents 28 to plaintiff within 30 days. If defendant, in his response, asserts that certain materials are privileged as trial preparation material under Federal Rule of Civil Procedure 26(b)(3), defendant shall comply with the terms of Rule 26(b)(5). If plaintiff has grounds to challenge the defendants response, he may file a motion to compel within 30 days of service thereof. (Plummer, M)
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Filing
33
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/6/18 GRANTING 32 Motion for Extension. Defendant is GRANTED until 11/26/18 to file their dispositive motion. (Coll, A)
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Filing
23
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/13/18 GRANTING 22 Motion to modify scheduling order. Defendant Giddings shall file a motion for summary judgment on or before 11/06/18. (Plummer, M)
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Filing
13
ORDER adopting in full 7 FINDINGS AND RECOMMENDATIONS, signed by District Judge Garland E. Burrell, Jr., on 11/13/17; ORDERING that Claim 1 in plaintiff's complaint and defendants M. Spearman, J. Clark Kelso and Steven Paul are DISMISSED. (Kastilahn, A)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Tom Mark Franks signed by Magistrate Judge Carolyn K. Delaney on 10/18/17. 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)
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