Patrick v. Pierce et al
| Nicholas Patrick |
| Pierce, Crozier, Sanchez, Quick, Hernandez, Kaplain, Huisar, Altshuler, Perez and Chudy |
| 2:2017cv01205 |
| June 8, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| 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
51
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/16/2020 ADOPTING 50 Findings and Recommendations in full, GRANTING 39 Motion for Summary Judgment, and DISMISSING the complaint without prejudice for failure to exhaust administrative remedies. CASE CLOSED. (York, M)
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Filing
50
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/21/2020 RECOMMENDING 39 Motion for Summary Judgment be granted and the complaint be dismissed without prejudice for failure to exhaust administrative remedies. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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47
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/20/19 DENYING 45 Motion to Compel Depositions. (Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/19/19 ORDERING plaintiff shall have 21 days from the service of this order to file a response to defendants' motion for summary judgment. The 8/28/19 hearing on the motion for summary judgment is VACATED and may be re-set upon completion of briefing at the court's discretion. (Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/30/2019 DENYING 41 Motion for Extension of Time and Motion to Appoint Counsel. (York, M)
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42
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/26/2019 GRANTING defendants' 40 motion to modify the scheduling order. The 8/30/2019 pretrial motions deadline is VACATED and will be re-set, as necessary, upon resolution of defendants' currently pending motion for summary judgment. (Yin, K)
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Filing
38
ORDER signed by District Judge Kimberly J. Mueller on 6/25/19 ORDERING that Defendants' objection is SUSTAINED, and the court's June 14, 2019 order is hereby VACATED as duplicative. (Kaminski, H)
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Filing
33
ORDER signed by District Judge Kimberly J. Mueller on 6/13/19 GRANTING 21 Request and CONSTRUING 12 Screening Order as findings and recommendations which the court must review. Objections are GRANTED 14 days from the date of this order to file objections to the screening order. (Coll, A)
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Filing
31
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/11/19 ORDERING as to 30 Motion to Compel ( Motion Hearing continued to 7/10/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) The defendants shall file a joint statement or appropriate affidavit at least seven days before the hearing or the hearing will be dropped and the motion dismissed without prejudice. (Plummer, M)
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Filing
24
ORDER signed by District Judge Kimberly J. Mueller on 2/12/19 ORDERING that 22 FINDINGS AND RECOMMENDATIONS are adopted in full. Defendants Crozier, Hernandez, Kaplain, Pierce, Quick, Altshuler, Perez and Chudy are dismissed without prejudice. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Kaminski, H)
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Filing
22
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/2/2019 GRANTING defendants' 21 request for the submission of findings and recommendations to the District Judge and VACATING the dismissals of defendants Pierce, Crozier, Quick, Hernandez, Kaplain, Altshuler, Perez, and Chudy and the failure to protect claim against defendant Sanchez. IT IS FURTHER RECOMMENDED that defendants Pierce, Crozier, Quick, Hernandez, Kaplain, Altshuler, Perez, and Chudy and the failure to protect claim against defendant Sanchez be dismissed without prejudice for the reasons set forth in the August 17, 2018 screening order 12 and October 19, 2018 order directing service 16 . Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
15
ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/20/18 ORDERING within fourteen days of service of this order, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the screened complaint or whether he wants to file an amended complaint. (Plummer, M) Modified on 9/20/2018 (Plummer, M).
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Filing
12
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/16/18 GRANTING 2 Motion to Proceed IFP and GRANTING 9 Motion to Amend the Complaint to the extent he is being given the option to amend the complaint or proceed on the cognizable claims. Plaintiff's motion to be transferred to another prison 9 is DENIED as moot. The allegations in Claim Five against Huisar for using excessive force and the components of Claims Four and Six in which Sanchez applied the handcuffs too tightly and interfered with plaintiffs mental health treatment, state valid claims for relief. All other claims and defendants are dismissed with leave to amend. Plaintiff has the option to proceed immediately on his Eighth Amendment excessive force and deli berate indifference claims against Huisar and Sanchez, or to amend the complaint. Within fourteen days of service of this order, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the screened complaint or whether he wants to file an amended complaint. (Plummer, M)
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Filing
7
ORDER signed by District Judge Kimberly J. Mueller on 3/19/18 ADOPTING 6 FINDINGS AND RECOMMENDATIONS: 5 Motion for Preliminary Injunction is denied as moot.(Kaminski, H)
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Filing
6
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/31/2018 ORDERING the Clerk to randomly assign a US District Judge to this action and RECOMMENDING plaintiff's 5 motion for preliminary injunction be denied as moot. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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