Burnett v. Caskey et al
Carlos Romero Burnett |
Caskey and Soto |
2:2017cv01856 |
September 7, 2017 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Kendall J. Newman |
Garland E. Burrell |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/30/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) |
Filing 38 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/2019 ORDERING defendants' 30 motion to dismiss is GRANTED with plaintiff being given leave to amend only as to his claims alleging that defendants Soto and Caskey denied him access to his legal property in violation of his right to access the courts, as set forth in this order. Plaintiff has 30 days to file a second amended complaint. Defendants are not required to file a response to the second ame nded complaint until order by the court. IT IS RECOMMENDED that defendants' 30 summary judgment motion be granted as to plaintiff's claims against defendant Caskey alleging an inadequate law library and denial of access to a copy machine and manila envelopes for failure to exhaust administrative remedies; defendants motion for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies as to his claim that defendant Caskey denied him access to his leg al property be denied without prejudice to defendants requesting an evidentiary hearing at a later stage of these proceedings, if appropriate; and defendants' motion for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies as to his claims against defendant Soto be denied on grounds that defendants did not meet their initial summary judgment burden. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K) |
Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/18 GRANTING 27 Motion to opt out of the pilot program. The stay in this action is lifted. Defendants shall file a response to plaintiffs amended complaint within thirty days ofthe date of this order. (Plummer, M) |
Filing 22 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 4/6/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Yin, K) |
Filing 15 ORDER signed by District Judge Garland E. Burrell, Jr on 1/24/2018 ORDERING that, upon reconsideration, the order of the magistrate judge filed December 13, 2017 is AFFIRMED. (Becknal, R) |
Filing 11 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Carlos Romero Burnett signed by Magistrate Judge Kendall J. Newman on 12/13/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and for ward 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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