Cato v. Darst et al
James Cato, Jr. |
M. Darst, C. Romero, W. Bennett, C. Snyder, T. Campbell, M. Delagarza-Dillard, D. Shiplet and N. Albonico |
2:2017cv01873 |
August 25, 2017 |
US District Court for the Eastern District of California |
Sacramento Office |
Lassen |
Edmund F. Brennan |
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 67 ORDER signed by District Judge Troy L. Nunley on 11/12/2021 ADOPTING in FULL 66 Findings and Recommendations. Plaintiff's 62 notice of voluntary dismissal, is construed as a motion for voluntarily dismissal. Plaintiff's motion is GRANTED. This action is voluntarily DISMISSED without prejudice, and the Clerk of Court is directed to close the case. CASE CLOSED (Reader, L) |
Filing 66 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/28/2021 DENYING 57 and 60 Motions to Compel and RECOMMENDING 62 Notice of Voluntary Dismissal be construed as a motion for voluntarily dismissal and, so construed, motion be granted and this action be voluntarily dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R) |
Filing 65 ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/21/21 ORDERING plaintiff is granted fourteen days to file a reply to defendants opposition. Thereafter, plaintiffs requests for voluntary dismissal with stand submitted for decision.(Plummer, M) |
Filing 63 ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/01/20 ORDERING that defendants shall, within 14 days of the date of this order, file and serve a document stipulating to dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(ii), or otherwise respond to plaintiffs requests for voluntary dismissal.(Plummer, M) |
Filing 59 ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 11/13/20 ORDERING plaintiff is ordered to show cause within thirty days why this case should not be dismissed for failure to prosecute and failure to comply with the local rules. Should plaintiff wish to continue with this lawsuit, plaintiff shall, within thirty days of the date of this order, also file an opposition or statement of opposition to defendants motion.(Plummer, M) |
Filing 54 ORDER signed by District Judge Troy L. Nunley on 5/27/2020 ADOPTING in FULL 48 Findings and Recommendations. DENYING 47 Motion for Relief from Judgment, without prejudice to its filing in Eastern District Case No. 2:14-CV-0959 TLN KJN P, and DENYING 37 Motion for Summary Judgment. (Reader, L) |
Filing 50 ORDER signed by Magistrate Judge Edmund F. Brennan on 03/30/20 GRANTING 49 Motion to modify the discovery and scheduling order. Once the Courtissues a ruling on the Courts Findings and Recommendations as to Defendants Motion for Summary Judgment, the Court will issue a revised Discovery & Scheduling Order, which will provide new dates to conduct merits-based discovery. (Plummer, M) |
Filing 38 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2019 GRANTING defendants' 37 motion for stay of discovery. Thus, if the Court denies defendants' motion for summary judgment, once that decision becomes final, the parties shall have 30 days' time from the date of the order denying summary judgment to serve responses to any pending discovery request served before the date of this Order. (Yin, K) |
Filing 27 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/23/19 ORDERING that Plaintiff's claims against defendants Darst and Romero arising out of the alleged uses of excessive force on 3/6/13 and 3/7/13 are cogn izable and shall proceed past screening; and RECOMMENDING that 7 Motion to Dismiss be granted and Plaintiff's excessive force claims against defendants Delagarza-Dillard, Bennett, Snyder, and Campbell be DISMISSED without prejudice. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L) |
Filing 21 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2018 GRANTING 18 Motion for Extension of Time and VACATING the time for Defendants to answer the complaint until after the court rules on 17 Motion to Dismiss. (Henshaw, R) |
Filing 19 ORDER signed by District Judge Troy L. Nunley on 9/10/2018 ADOPTING 15 findings and recommendations in full. Plaintiff's claims against defendants Shiplet and Albonico are DISMISSED without prejudice. (Zignago, K.) |
Filing 15 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 RECOMMENDING plaintiff's claims against defendants Shiplet and Albonico be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K) |
Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of James Cato, Jr. signed by Magistrate Judge Edmund F. Brennan on 06/14/18. 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) |
Filing 3 ORDER TRANSFERRING CASE to the SACRAMENTO Division of the Eastern District of California signed by Magistrate Judge Michael J. Seng on 9/10/2017. (Sant Agata, S) |
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