Candler v. Stewart et al
Plaintiff: Keith Candler
Defendant: J. Stewart, D. Hobart, D. Reams, J. Lebeck and A. Huynh
Case Number: 2:2017cv02436
Filed: November 20, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
December 21, 2023 Opinion or Order Filing 121 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/21/2023 ORDERING the custodian to produce Keith Candler K-25679, to testify in USDC on 1/22/2024 at 9:00 a.m. in courtroom 10, before Judge Da niel J. Calabretta; 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; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: OTCD-SAC)(Yin, K)
October 11, 2023 Opinion or Order Filing 115 ORDER signed by District Judge Daniel J. Calabretta on 10/10/23 ACCEPTING 114 Stipulation regarding the authenticity of trial exhibits. (Licea Chavez, V)
October 5, 2023 Opinion or Order Filing 113 STIPULATION and ORDER REGARDING UNDISPUTED FACTS signed by District Judge Daniel J. Calabretta on 10/4/2023. (Mena-Sanchez, L)
September 15, 2023 Opinion or Order Filing 97 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 9/14/2023 ORDERING the custodian to produce Keith Candler K-25679, to testify in USDC at 9:00 a.m. on 10/23/2023 in courtroom 10, before Judge Daniel J. Calabretta; 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: OTCD-SAC) (Yin, K)
August 29, 2023 Opinion or Order Filing 91 PRETRIAL ORDER signed by District Judge Daniel J. Calabretta on 8/29/2023 DENYING 87 Request for Issuance of Subpoenas of Trial Witnesses. DENYING 90 Request for Verdict Forms, and the Clerk of the Court is directed to include with this Order a copy of the blank subpoena form used in this district. (Attachments: # 1 Blank Subpoena) (Reader, L)
August 11, 2023 Opinion or Order Filing 86 PRETRIAL ORDER signed by District Judge Daniel J. Calabretta on 8/10/23 ORDERING that the Final Status Conference is SET for 10/19/2023 at 01:30 PM and the Jury Trial is SET for 10/23/2023 at 09:00 AM, in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Kastilahn, A)
August 8, 2023 Opinion or Order Filing 81 ORDER signed by District Judge Daniel J. Calabretta on 8/7/23 GRANTING 79 defendants leave to file an updated pretrial statement. Defendants are instructed to file the proposed amended pretrial statement attached to their motion as an amended pretrial statement before 8/10/23. Should Plaintiff wish to amend his pretrial statement, the Court will address that matter at the final pretrial conference. (Kastilahn, A) Modified on 8/8/2023 (York, M).
August 1, 2023 Opinion or Order Filing 77 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Carolyn K. Delaney on 08/01/2023 DIRECTING the Warden of California State Prison, Sacramento, to produce Keith Candler, #K-25679 on 8/10/2023 at 1:30 PM via Zoom videoconference before District Judge Daniel J. Calabretta. (Spichka, K.)
June 27, 2023 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/2023 STRIKING 75 Pretrial Statement as redundant. (Huang, H)
February 9, 2023 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/9/2023 GRANTING 69 Request for Clarification. Counsel is referred to the court's 1/18/22, order in which counsel will find that the deadlines for filing trial briefs, jury instructions, motions in limine, etc, are dependent on the trial date. (Mena-Sanchez, L)
February 7, 2023 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/6/2023 DENYING 66 , 67 without prejudice Motions in Limine, to refiling no earlier than 60 days before trial and no later than 30 days before trial. (Reader, L)
January 30, 2023 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/30/2023 DENYING without prejudice 63 Motion to Appoint Counsel. (Huang, H)
December 22, 2022 Opinion or Order Filing 58 ORDER AND WRIT FOR HABEAS CORPUS AD TESTIFICANDUM BY VIDEO CONFERENCE signed by Magistrate Judge Carolyn K. Delaney on 12/22/2022 ORDERING the Custodian to produce by zoom video conference, Keith Candler, CDCR # K-25679, on 1/11/2023 at 9:00 AM befo re Magistrate Judge Dennis M. Cota. The 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. The Clerk of the Court is directed to serve a copy of this order and writ on the custodian. (cc: IT, DMC)(Huang, H)
January 18, 2022 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/22 ORDERING trial briefs shall be filed with this court no later than fourteen days prior to the date of trial in accordance with Local Rule 285. The parties shall serve a copy of their exh ibits upon one another no later than 60 days before trial. The parties shall bring one original and two copies of their exhibits to court on the day of trial. Defendants shall use letters to identity their exhibits, plaintiff shall use numbers. Any m otions in limine shall be filed no later than 30 days before trial. Oppositions to motions in limine shall be filed no later than 7 days before trial. The parties shall file proposed voir dire and proposed jury instructions, if any, not later than seven days before the date set for trial.(Plummer, M)
October 9, 2020 Opinion or Order Filing 53 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/8/2020 ORDERING the custodian to produce Keith Candler #K-25679 by telephonic-conferencing from his place of confinement, before Magistrate Judge Dennis M. Cota, on 11/5/2020 at 1:00 p.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: DMC)(Yin, K)
September 11, 2020 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/10/20 ORDERING ( Settlement Conference set for 11/5/2020 at 01:00 PM in Redding (DMC) before Magistrate Judge Dennis M. Cota.) The settlement conference will be conducted by remote means to b e determined at a later date. Parties are directed to submit confidential settlement statements no later than October 29, 2020 to dmcorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Denn is M. Cota, USDC CAED, 2986 Bechelli Lane, Suite 300, Redding, California 96002 so it arrives no later than October 29, 2020. The envelope shall be marked CONFIDENTIAL SETTLEMENT STATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement. The clerk of the court is directed to serve a copy of this order on the litigation office at California State Prison, Sacramento, via fax at 916-294-3072 or via email. (cc: ADR and DMC) (Plummer, M)
July 10, 2020 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/10/20 ORDERING that defendants file a response to plaintiff's motion for a settlement conference within 14 days. (Plummer, M)
September 19, 2019 Opinion or Order Filing 39 ORDER signed by District Judge Troy L. Nunley on 9/18/2019 ADOPTING in FULL 36 Findings and Recommendations. DENYING 22 Motion for Summary Judgment. GRANTING 26 Cross Motion for Summary Judgment, with respect to Plaintiff's remaining cla ims for excessive force arising under the Eighth Amendment and retaliation arising under the First Amendment against Defendant Lebeck; and Defendants' cross-motion for summary judgment is DENIED as to Plaintiff's remaining claims arising under the Eighth Amendment for denial of medical care against Defendants Lebeck and Huynh. (Reader, L)
August 21, 2019 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/21/2019 DENYING 37 Motion to Appoint Counsel. (Henshaw, R)
August 5, 2019 Opinion or Order Filing 36 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/5/2019 DENYING plaintiff's 34 request for judicial notice. IT IS RECOMMENDED that plaintiff's 22 motion for summary judgment be denied; defe ndants' 26 cross-motion for summary judgment be granted with respect to plaintiff's remaining claims for excessive force arising under the Eighth Amendment and retaliation arising under the First Amendment against defendant Lebeck; and defendants' cross-motion for summary judgment be denied as to plaintiff's remaining claims arising under the Eighth Amendment for denial of medical care against defendants Lebeck and Huynh. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
December 5, 2018 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/5/2018 GRANTING 23 Motion for Extension of Time. Defendants to file a response or cross-motion to 22 Motion for Summary Judgment by and including 12/21/2018. (Henshaw, R)
August 8, 2018 Opinion or Order Filing 21 ORDER signed by District Judge Troy L. Nunley on 8/7/2018 ADOPTING in FULL 13 Findings and Recommendations. Plaintiff may proceed on the following claims: (a) Claims against Defendant Lebeck for excessive force and denial of medical care arising un der the Eighth Amendment and a claim arising under the First Amendment for retaliating against Plaintiff for utilization of an inmate grievance procedure; and (b) Claim against Defendant Huynh for denial of medical care arising under the Eighth Amendment. All other claims and Defendants are DISMISSED. (Washington, S)
April 25, 2018 Opinion or Order Filing 13 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/25/2018 ORDERING service is appropriate for A. Huynh and J. Lebeck. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that all defendants and claims other than those described within these findings be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
March 9, 2018 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/9/2018 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Keith Candler. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
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Plaintiff: Keith Candler
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Defendant: J. Stewart
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Defendant: D. Hobart
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Defendant: D. Reams
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Defendant: J. Lebeck
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Defendant: A. Huynh
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