Williams v. Romero et al
| Lance Williams |
| Romero, Abarca and Tam A. La |
| 2:2017cv01884 |
| September 11, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| 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
188
ORDER signed by Magistrate Judge Deborah Barnes on 3/9/2023 DENYING 164 Motion to Compel as follows: Within five days of the filed date of this order, defendant Chuksorji shall re-serve Plaintiff with a copy of the 11/18/2022 Motion for Sum mary Judgment by placing it in the U.S. Mail to Plaintiff's address of record. Within forty-five days of the filed date of this order, Plaintiff shall file an opposition to defendant Chuksorji's Motion for Summary judgment. Plaintiff is warned that if he is filing his opposition by sending it to the court through the U.S. Mail, he must place it in the mail so that it arrives at the court for filing on or before forty-five days from the date of this order. Discovery is closed. Any further dispositive motions shall be filed within forty-five days of the filed date of this order. (Mena-Sanchez, L)
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Filing
186
ORDER signed by Magistrate Judge Deborah Barnes on 02/19/2023 GRANTING 184 Motion for Extension of Time and VACATING 183 Findings and Recommendations. Response to 182 Order due within 14 days. (Spichka, K.)
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Filing
183
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/15/2023 RECOMMENDING that this action be dismissed without prejudice for plaintiff's failure to prosecute and failure to comply with court orders; dismissing 164 Motion to Compel as moot; and dismissing 181 Motion for Summary Judgment as moot. This matter is referred to Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. (Perdue, C.)
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Filing
182
ORDER signed by Magistrate Judge Deborah Barnes on 1/17/2023 ORDERING, within 20 days, plaintiff shall file a document informing the court whether he intends to continue prosecuting this action and, if he does, why he failed to file a timely opposition to defendant Chuckorski's 181 motion for summary judgment. (Yin, K)
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Filing
180
ORDER signed by Magistrate Judge Deborah Barnes on 09/27/2022 GRANTING 178 Motion for Extension of Time. Within 60 days of the filed date of this order, plaintiff shall submit responses to Chuksorji's interrogatories and requests for admissions. Plaintiff shall also file any reply to defendants' opposition to 164 Motion to Compel. (Spichka, K.)
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Filing
172
ORDER signed by Magistrate Judge Deborah Barnes on 06/14/22 GRANTING IN PART AND DENYING IN PART 137 Motion to Compel. (See order for further details.) (Plummer, M)
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Filing
170
ORDER signed by Magistrate Judge Deborah Barnes on 6/3/2022 DIRECTING the plaintiff to file any reply to defendants' opposition to plaintiff's 164 motion to compel within 20 days of the date of this order. If plaintiff chooses not to file a reply brief, he shall notify the court within 20 days.(Perdue, C.)
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Filing
163
ORDER signed by Magistrate Judge Deborah Barnes on 4/26/2022 GRANTING in part plaintiff's 158 , 159 motion for extension of time and DENYING plaintiff's 158 motion for the appointment of counsel. Within 90 days, plaintiff shall pro vide Zuniga with a complete set of verified responses to the interrogatories and document production requests. Plaintiff must amend his responses to the specific interrogatories and document production requests identified within this order and also identified in this court's orders filed 1/11/2022 and 3/22/2022. Within 30 days, plaintiff shall file any reply to defendants' opposition to plaintiff's 12/17/2021 motion to compel. (Yin, K)
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Filing
154
ORDER signed by Magistrate Judge Deborah Barnes on 03/21/22 ORDERING As set forth above and in the court's January 11, 2022 order, plaintiff must submit amended responses to defendant Zuniga's first set of interrogatories. Because plaintiff failed to verify his first set of responses by signing them under oath, he shall submit a full set of responses to both the interrogatories and the document production requests. However, plaintiff need not change his responses to all discovery reque sts. Rather, plaintiff must provide new, full responses, without objections, to: (a) interrogatory nos. 1, 3, 5, 6, and 10-18; and (b) document production request nos. 1, 2, 4-12, 14, 15, 17, and 18. Plaintiff's requests for extensions of time t o submit his responses to Zuniga's discovery and to file a reply to defendants' opposition to his motion to compel 145 are granted. This court will set deadlines for the discovery responses and reply brief after plaintiff has filed the no tice described below in paragraph 3. Within twenty days of the filed date of this order, plaintiff shall file a document informing the court: (a) when he was, or will be, returned to Folsom State Prison; and (b) whether he has possession of his legal materials and medical records. If plaintiff does not have possession of his legal materials and/or medical records, he shall explain what he has done to obtain them. Plaintiff's request for service of the first amended complaint on G. Chuckorsk i 138 is granted. Because defendants counsel has informed the court that the OAG will accept service of process on behalf of G. Chuckorski, the Clerk of the Court is directed to serve this order via email on defendants' counsel, along with a s ummons, the first amended complaint 107 ,and a copy of the form Consent to Proceed Before a United States Magistrate Judge. Within 30 days of the date of service of this order, the OAG shall file either a waver of service for defendant Chuckorski or a notice that Chuckorski will not waive service. If defendant Chuckorski waives service, then they must file an answer to the first amended complaint with 30 days after the waiver of service is filed. If defendant Chuckorski does not waive service, then the U.S. Marshal will be instructed to personally serve Chuckorski. The Clerk of the Court shall add defendant G. Chuckorski to the docket in this matter. Defendants' motion to modify the dispositive motion deadline 153 is granted. The deadline for filing dispositive motions is vacated.(Plummer, M)
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Filing
150
ORDER signed by Magistrate Judge Deborah Barnes on 2/17/2022 DENYING plaintiff's 148 , 149 motion for sanctions. Within 10 days, plaintiff shall inform the court where he is currently incarcerated and whether he has possession of h is legal materials for this case. If he does not have possession of those legal materials, plaintiff shall explain what he has done to obtain them. Within 10 days, defendants shall file a response to plaintiff's request for service, filed here on December 17, 2021. (Yin, K)
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Filing
143
ORDER signed by Magistrate Judge Deborah Barnes on 1/10/ GRANTING 130 Motion to Compel, as amended by his 12/9/2021 reply brief; ORDERING after defendant provides the information specified in paragraph 2, this court will set a deadline for plaint iff's submission of amended responses to defendant's Requests for Production of Documents, Set One, and Interrogatories, Set One; and ORDERING defendant's counsel to contact the prison's litigation coordinator, or other appropria te prison staff member, to determine the status of plaintiff's possession of his relevant medical records and within 20 days of the filed date of this order, defendant's counsel to file and serve a report summarizing this investigation. (Henshaw, R)
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Filing
142
ORDER signed by Magistrate Judge Deborah Barnes on 1/3/2022 GRANTING 141 Ex Parte Application. The reply deadline is extended to 2/7/2022. (Henshaw, R)
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Filing
134
ORDER signed by Magistrate Judge Deborah Barnes on 12/02/21 GRANTING 133 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion no later than March 31, 2022. The order remains in effect in all other respects. (Plummer, M)
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Filing
132
ORDER signed by Magistrate Judge Deborah Barnes on 11/19/21 ORDERING within 20 days of the filed date of this order, plaintiff shall explain why he failed to file a timely opposition to defendants' September 28 motion to compel and why defendants' motion should not be granted. If plaintiff fails to file a timely response to this order, this court will grant defendants' motion to compel.(Plummer, M)
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Filing
120
ORDER signed by Magistrate Judge Deborah Barnes on 4/15/2021 DENYING as moot plaintiff's 118 request. (Yin, K)
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Filing
119
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 4/14/21 ORDERING the Custodian to produce by zoom video conference Lance Williams on 5/25/21 at 9:00 a.m. 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. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and KJN)(Plummer, M)
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Filing
116
ORDER signed by Magistrate Judge Deborah Barnes on 03/16/21 ORDERING ( Settlement Conference set for 5/25/2021 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential settle ment statements 7 days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlement state ment Attn: Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so that it arrives at least 7 days prior to the settlement conference. The envelope shall be marked SETTLEMENT STATEMENT. The date and time of t he settlement conference shall be prominently indicated on the settlementstatement. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (cc: ADR Director and KJN)(Plummer, M)
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Filing
109
ORDER signed by Magistrate Judge Deborah Barnes on 1/22/2021 DISCHARGING the 8/14/2020 order to show cause; DECLINING to impose sanctions on defendants; and DENYING plaintiff's 96 motions for sanctions. (Yin, K)
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Filing
103
ORDER signed by Magistrate Judge Deborah Barnes on 11/02/20 ORDERING that within 30 days of the filed date of this order, plaintiff shall file a first amended complaint.(Plummer, M)
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Filing
102
ORDER signed by District Judge Troy L. Nunley on 10/21/2020 ADOPTING in full 92 Findings and Recommendations and DENYING 76 defendants' Motion for Summary Judgment. Plaintiff's Motion to Amend the Complaint to add Correctional Officer Zuniga as a Defendant is GRANTED and DENYING as MOOT 91 defendant's Motion to Amend the Answer. (Kastilahn, A)
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Filing
92
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 8/13/2020 ORDERING Defendants to SHOW CAUSE, within 30 days of the filed date of this order, why they should not be sanctioned for their preparation of the answer a nd RECOMMENDING 76 Motion for Summary Judgment be denied, Plaintiff's request to amend the complaint be granted to add Correctional Officer Zuniga as a defendant, and 91 Motion to Amend the Answer be denied as moot. Referred to Judge Troy L. Nunley. Objections due within 30 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
88
ORDER signed by Magistrate Judge Deborah Barnes on 06/25/2020 GRANTING 87 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file his opposition to the motion for summary judgment. (Tupolo, A)
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Filing
81
ORDER signed by Magistrate Judge Deborah Barnes on 03/16/20 ORDERING that within 10 days of the date of this order, defendants shall provide a revised or supplemental declaration of N. Difuntorum with the 3/06/15 Telestaff report for Facility A during third watch. (Plummer, M)
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Filing
75
ORDER signed by Magistrate Judge Deborah Barnes on 12/9/2019 DENYING 71 Plaintiff's Motion to Compel. (Reader, L)
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Filing
73
ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2019 DENYING plaintiff's 72 request for a site inspection subpoena. (Yin, K)
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Filing
66
ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2019 GRANTING 60 Motion to Compel; CONTINUING the discovery and pretrial motions set out in 50 Discovery and Scheduling Order as follows: discovery deadline extended to 10/30/2019 and the deadline for filing pretrial motions continued to 1/30/2020; and ORDERING Defendants to respond to Plaintiff's 2 requests for production of documents, served on 5/28/2019, within 45 days of the date of this order. (Henshaw, R)
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Filing
61
ORDER signed by Magistrate Judge Deborah Barnes on 7/2/2019 DENYING 56 Renewed Request for Subpoena. (Henshaw, R)
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Filing
57
ORDER signed by Magistrate Judge Deborah Barnes on 05/14/19 ORDERING within twenty days of the date of this order, defendants shall file a response to plaintiffs April 26 filing.(Plummer, M)
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Filing
54
ORDER signed by Magistrate Judge Deborah Barnes on 4/11/2019 DENYING 53 Request for Court to Certify Subpoenas. (Henshaw, R)
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Filing
49
ORDER signed by Magistrate Judge Deborah Barnes on 03/19/19 DENYING 48 Request for the appointment of an investigator. (Plummer, M)
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Filing
47
ORDER signed by Magistrate Judge Deborah Barnes on 03/14/19 GRANTING 46 Motion to be excluded from the Post-Screening ADR Project. The referral of this action to the post-screening ADR project is WITHDRAWN and the stay of this action is lifted. The settlement conference scheduled for 3/28/19 before Magistrate Judge Delaney is VACATED. The 2/28/19 Order and Writ of Habeas Corpus Ad Testificandum 43 is VACATED. The clerk of the court is instructed to serve a copy of this order on the Warden, R.J. Donovan Correctional Facility. (cc: CKD and I.T. Dept, Sacramento) (Plummer, M)
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Filing
45
ORDER signed by Magistrate Judge Deborah Barnes on 3/11/2019 DISREGARDING defendants' 44 notice. If defendants wish to opt out of the ADR program, they must show that they have investigated plaintiff's claims, spoken with plaintiff, and conferred with defense counsel's supervisor. (Yin, K)
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Filing
43
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 2/27/2019 ORDERING the custodian to produce Lance Williams AG-2394, to appear by video-conferencing, before Magistrate Carolyn K. Delaney on 3/28/2019, at 9:30 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: CKD, I.T.) (Yin, K)
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Filing
38
ORDER signed by Magistrate Judge Deborah Barnes on 2/06/19 and DENYING 35 Motion to Stay. Also, REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference withi n 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 settlemen t 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 the assigned Deputy Attorney General. (cc: assigned Deputy Attorney General) (Plummer, M)
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Filing
31
ORDER signed by Magistrate Judge Deborah Barnes on 10/15/18 GRANTING 23 Motion for U.S. Marshal to effect service. The clerk of the court shall send plaintiff 3 USM-285 forms, 1 summons, instruction sheet and a copy of the 9/11/17 complaint 1 to be completed and returned with the notice of submission of documents within 30 days. (Plummer, M)
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Filing
24
ORDER signed by Magistrate Judge Deborah Barnes on 07/31/18 ORDERING that within 20 days of the date of this order, plaintiff shall file an addendum to his Motion for U.S. Marshal to Effect Service. In that addendum, plaintiff shall explain whether his attempt to secure waiver of service met the following requirements of Rule 4(d): (1) plaintiff sent a separate notice, two waiver forms, a copy of the complaint, and a stamped, self-addressed envelope to each individual defendant; and (2) plaintiff provided each defendant with a copy of the appropriate Waiver of Service of Summons form.(Plummer, M)
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Filing
20
ORDER signed by Magistrate Judge Deborah Barnes on 6/6/2018 DENYING without prejudice plaintiff's 19 motion for an order directing US Marshal to effect service. (Yin, K)
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Filing
12
ORDER signed by District Judge Troy L. Nunley on 3/5/2018 ADOPTING IN FULL 7 Findings and Recommendations; DENYING 2 Motion to Proceed IFP; GRANTING the plaintiff thirty days to pay the $400.00 filing fee; CAUTIONING the plaintiff that a failure to pay the filing fee will result in the dismissal of this action. (Michel, G.)
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Filing
7
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/26/2018 RECOMMENDING 2 Motion to Proceed IFP be denied and Plaintiff be ordered to pay the $400 filing fee to proceed in this action. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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