Elias v. Kinross et al
Plaintiff: Keiron M. Elias
Defendant: J. Kinross, S. Gilliam, J. Appleberry, Robert W. Fox, M. Voong and H. Liu
Case Number: 2:2017cv02106
Filed: October 11, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Deborah Barnes
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 18, 2022 Opinion or Order Filing 76 ORDER signed by Senior Judge William B. Shubb on 11/17/22 DENYING 74 Motion for Reconsideration. (Woodworth, M.)
November 16, 2022 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Deborah Barnes on 11/15/22 ORDERING that within 14 days of the date of this order, each party shall file a notice briefly stating whether or not the party believes scheduling a settlement conference would be useful at this time.(Plummer, M)
October 25, 2022 Opinion or Order Filing 73 ORDER signed by Senior Judge William B. Shubb on 10/24/2022 ADOPTING 66 The Findings and Recommendations to the extent they are not inconsistent with this order; and Defendants' 40 Motion for Summary Judgment is GRANTED in part and DENIED in part, as follows: GRANTED as to the First Amendment claim against defendant Appleberry; GRANTED as to the First Amendment claims against Kinross and Gilliam; and DENIED as to the RLUIPA claim now proceeding against Warden Benavidez for prospective injunctive relief. (Mena-Sanchez, L)
October 5, 2022 Opinion or Order Filing 70 ORDER signed by Senior Judge William B. Shubb on 10/5/2022: Defendants' Motion for Summary Judgment 40 is hereby SET for oral argument in person on 10/24/2022 at 10:30 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. At oral argument, counsel for both sides shall be prepared to discuss, among other things, whether defendants are entitled to qualified immunity. (Kirksey Smith, K)
September 12, 2022 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Deborah Barnes on 09/09/22 ORDERING Jennifer Benavidez, Warden, is SUBSTITUTED as defendant for plaintiff's RLUIPA claim, replacing Warden Fox. The July 12, 2022 findings and recommendations remain submitted to the district judge assigned to this case.(Plummer, M)
July 12, 2022 Opinion or Order Filing 66 ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/11/2022 VACATING 54 Findings and Recommendations and RECOMMENDING that 40 Motion for Summary Judgment be granted in part and denied in part, as foll ows: Granted as to the First Amendment claim against defendant Appleberry; Denied as to the First Amendment claims against Kinross and Gilliam; and Denied as to the RLUIPA claim against Warden Fox for prospective injunctive relief. Referred to Senior Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Huang, H) Modified on 7/12/2022 (Huang, H).
May 2, 2022 Opinion or Order Filing 65 ORDER signed by Senior Judge William B. Shubb on 4/29/22 ORDERING that this case is REMANDED to the Magistrate Judge for further findings and recommendations addressing (1) whether plaintiff has raised a genuine issue of material fact as to whether defendants' actions substantially burdened his religious beliefs, and (2) if so, whether plaintiff's evidence raises a triable issue of fact as to either his RLUIPA or Free Exercise claims. (Kaminski, H)
October 27, 2021 Opinion or Order Filing 56 ORDER signed by Senior Judge William B. Shubb on 10/27/2021 APPOINTING Michael R. Amster as limited purpose counsel for plaintiff. This appointment is for the limited purpose of filing supplemental briefing in opposition to 40 Motion for Summary J udgment and objecting to 54 Findings and Recommendations, and participating in oral argument on the motion for summary judgment, should the court choose to hold such argument. Plaintiff's supplemental briefing will be due 120 days from the dat e of this order. Defendants may file a supplemental reply within 30 days after plaintiff's supplemental briefing is filed. Michael R. Amster's appointment will terminate when the court has ruled on 40 Motion for Summary Judgment. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. (Huang, H)
August 23, 2021 Opinion or Order Filing 54 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/20/21 GRANTING IN PART 49 Motion for Extension of time, to the extent that plaintiffs opposition is deemed timely filed; however, the request for a court-ordered laptop is denied. Also, RECOMMENDING that defendants' motion for summary judgment be granted. Motion 40 referred to Judge William B. Shubb. Objections due within 21 days.(Plummer, M)
April 23, 2021 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Deborah Barnes on 4/22/2021 GRANTING 44 Motion for Extension of Time. Plaintiff's response to 40 Motion for Summary Judgment to be mailed on or before 6/30/2021. (Henshaw, R)
December 1, 2020 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Deborah Barnes on 11/30/20 GRANTING 38 Motion to modify the discovery and scheduling order. The discovery deadline is extended to December 31, 2020, to allow Defendants to depose Plaintiff, either in person or by video-teleconference. The dispositive motion deadline is extended to March 11, 2021. (Plummer, M)
January 28, 2020 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Deborah Barnes on 1/27/20 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. 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)
April 3, 2019 Opinion or Order Filing 23 ORDER signed by Senior Judge William B. Shubb on 4/2/2019 ADOPTING 20 Findings and Recommendations in full. This case will proceed only on the First Amendment free exercise claim against defendants CO Kinross, Lt. Gilliam, and Lt. Appleberry, and the RLUIPA claim against Warden Fox. All other claims and defendants are DISMISSED with prejudice. H. Liu and M. Voong terminated. (Huang, H)
February 28, 2019 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2019 DENYING plaintiff's 10 motion for order directing service. (Yin, K)
February 5, 2019 Opinion or Order Filing 20 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/4/2019 ORDERING the Clerk to assign a district judge to this action and RECOMMENDING this case proceed only on the First Amendment free exercise claim against defen dants CO Kinross, Lt. Gilliam, and Lt. Appleberry, and the RLUIPA claim against Warden Fox. All other claims and defendants should be dismissed with prejudice. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)
December 5, 2018 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Deborah Barnes on 12/4/2018 GRANTING 15 Motion for Extension of Time. Plaintiff's second amended complaint shall be filed within 30 days from the date of this Order. (Huang, H)
October 30, 2018 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Keiron M. Elias signed by Magistrate Judge Deborah Barnes on 10/29/18. CDC shall 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)
November 15, 2017 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2017 DENYING 3 Motion to Appoint Counsel. (York, M)
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Plaintiff: Keiron M. Elias
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Defendant: J. Kinross
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Defendant: S. Gilliam
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Defendant: J. Appleberry
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Defendant: Robert W. Fox
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Defendant: M. Voong
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Defendant: H. Liu
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