Palacios vs. Smith, et al.
| Jorge Palacios |
| Kevin Smith and Evalyn Horowitz |
| 2:2017cv02500 |
| November 29, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Carolyn K. Delaney |
| Prison Condition |
| 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
75
ORDER signed by District Judge Troy L. Nunley on 10/21/2020 ADOPTING in full 71 Findings and Recommendations. Defendant's 59 Motion for Summary Judgment is GRANTED and all claims against Defendant Smith are DISMISSED. Plaintiff's 74 Motion for Expert Witness Testimony is DENIED. The Clerk is DIRECTED to enter Judgment for Defendant. CASE CLOSED (Kastilahn, A)
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Filing
71
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/04/20 RECOMMENDING that defendant's motion for summary judgment 59 be granted and claims against defendant Smith be dismissed. Judgment be entered for defendant. Motion for Summary Judgment 59 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
65
ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/23/2020 GRANTING 64 Motion for Extension of Time. Plaintiff's Response to Motion for Summary Judgement due within 60 days. Defendant's Reply, if any, shall be filed within 7 days thereafter.(Tupolo, A)
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Filing
57
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/27/19 GRANTING 56 Motion to modify the discovery and scheduling order. The modified deadline for filing dispositive motions is 1/17/20. (Plummer, M)
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Filing
54
ORDER signed by District Judge Troy L. Nunley on 10/4/2019 ADOPTING 52 Findings and Recommendations in full and DENYING 51 Motion for Temporary Restraining Order or Preliminary Injunction. (Huang, H)
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Filing
52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/21/2019 RECOMMENDING 51 Motion for Temporary Restraining Order or Preliminary Injunction be denied. Referred to Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
44
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/26/19 DENYING 43 Motion to Appoint Counsel. (Plummer, M)
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Filing
41
ORDER signed by District Judge Troy L. Nunley on 6/18/19 ADOPTING 25 FINDINGS AND RECOMMENDATIONS in full; Claim Three is DISMISSED without leave to amend because Plaintiff did not exhaust his administrative remedies with respect to the claim that Defendant Smith confiscated his medication and the claims regarding his living conditions and mental health treatment fail to state a claim. (Mena-Sanchez, L)
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Filing
37
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/16/19 GRANTING 36 request to opt out of the post-screening ADR project. The stay of this action, commencing February 14, 2019 30 , is LIFTED. The June 6, 2019 settlement conference before Magistrate Judge Deborah Barnes is VACATED. The writ of habeas corpus ad testificandum directing the Warden to produce plaintiff for the settlement conference 35 is VACATED. The Clerk of the Court is directed to serve a copy of this order on the Wa rden of Mule Creek State Prison at P.O. Box 409099, Ione, California 95640, and a courtesy copy by fax on the Litigation Coordinator at Mule Creek State Prison at (209) 274-5018. Within twenty-one days of the filing of this order, defendant shall file a response to the first amended complaint. (cc: DB)(Plummer, M) Modified on 5/16/2019 (Plummer, M).
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Filing
35
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 03/18/19 ORDERING the Custodian to produce Jorge Palacios by video-conferencing on 6/06/19 at 9:00 a.m. in courtroom 27 before Magistrate Judge D eborah Barnes. The 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 writ on the Custodian. (cc: DB and I.T. Dept, Sacramento)(Plummer, M)
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Filing
30
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/14/2019 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assig ned 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) (Henshaw, R)
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Filing
21
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jorge Palacios signed by Magistrate Judge Carolyn K. Delaney on 11/30/18. 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)
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Filing
10
ORDER TRANSFERRING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 11/28/17. (klhS, COURT STAFF) (Filed on 11/28/2017) [Transferred from cand on 11/29/2017.]
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