Saldana v. Spearman et al
Plaintiff: Samuel Saldana
Defendant: M.E. Spearman and Jared Pastswater
Case Number: 2:2018cv00319
Filed: February 9, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Allison Claire
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
August 17, 2023 Opinion or Order Filing 108 STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 8/16/23 MODIFYING the pretrial scheduling order as follows: Expert Disclosures due by 12/16/23; completion of all expert discovery due by 1/28/24; Plaintiff's Pretrial sta tement and any motions necessary to obtain the attendance of incarcerated witnesses filed on or before 2/14/24; Defendant shall file his pretrial statement on or before 2/27/24. The Final Pretrial Conference is SET for 6/27/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. The Jury Trial is SET for 8/19/2024 at 09:00 AM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Kastilahn, A)
May 8, 2023 Opinion or Order Filing 105 STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 5/5/2023 MODIFYING the pretrial scheduling order as follows: Expert Disclosures due by 8/15/2023; completion of all expert discovery due by 9/30/2023; Plaintiffs Pretrial statement and any motions necessary to obtain the attendance of incarcerated witnesses filed on or before 10/16/2023; Defendants pretrial statement due by 10/31/2023. (Perdue, C.)
December 8, 2022 Opinion or Order Filing 98 ORDER AND WRIT FOR HABEAS CORPUS AD TESTIFICANDUM BY VIDEO CONFERENCE signed by Magistrate Judge Allison Claire on 12/8/2022 ORDERING the Custodian to produce by zoom video conference, Samuel Saldana, on 1/19/2023 at 9:00 AM before Magistrate Judge Allison Claire. 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)(Huang, H)
October 6, 2022 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Allison Claire on 10/05/22 ORDERING that within 10 days of the filing of this order, any party may request that the settlement conference be conducted by a magistrate judge other than the undersigned. (Plummer, M)
July 13, 2022 Opinion or Order Filing 88 ORDER signed by Chief District Judge Kimberly J. Mueller on 07/12/2022 GRANTING 86 Motion to Appoint Counsel. Attorney Justin Arrion Palmer for Samuel Saldana added. Appointed counsel shall notify Sujean Park via email at spark@caed.uscourts.gov if he has any questions related to the appointment. (Rodriguez, E)
July 11, 2022 Opinion or Order Filing 87 ORDER signed by Chief District Judge Kimberly J. Mueller on 7/8/2022 ADOPTING 82 Findings and Recommendations in full. Plaintiff's 81 motion for a preliminary injunction is DENIED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
May 9, 2022 Opinion or Order Filing 82 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/06/22 RECOMMENDING that plaintiff's motion for a preliminary injunction 81 be denied. Motion 81 referred to Judge Kimberly J. Mueller. Objections due within 21 days.(Plummer, M)
April 7, 2022 Opinion or Order Filing 79 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 4/7/2022 ORDERING the custodian to produce Samuel Saldana V-30056, by Zoom video conference from his place of confinement, before Magistrate Judge Jeremy D. Peterson, on 5/18/2022 at 10:00 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; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Nic Cannarozzi. (cc: JDP, I.T. Dept., ADR)(Yin, K)
January 26, 2022 Opinion or Order Filing 78 ORDER signed by Magistrate Judge Allison Claire on 1/25/2022 ORDERING this case is referred to Magistrate Judge Jeremy D. Peterson to conduct a settlement conference. A separate order scheduling the settlement conference and an order and writ of habeas corpus ad testificandum for plaintiff's appearance will issue at a later date. (cc: JDP)(Yin, K)
January 10, 2022 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 1/10/2022 ORDERING, within 14 days, any party may request that the settlement conference be conducted by a magistrate judge other than the undersigned. If no party requests a different magistrate judge, a settlement conference will be scheduled before the undersigned. (Yin, K)
January 7, 2022 Opinion or Order Filing 73 ORDER signed by Chief District Judge Kimberly J. Mueller on 1/5/22 ADOPTING 69 Findings and Recommendations and DENYING 56 Motion for Summary Judgment. This matter is referred back to the magistrate judge for all further pretrial proceedings. (Kaminski, H)
November 10, 2021 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Allison Claire on 11/10/2021 DENYING without prejudice plaintiff's 71 request for the appointment of counsel. (Yin, K)
October 13, 2021 Opinion or Order Filing 69 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/12/2021 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING defendant's 56 motion for summary judgment be denied. Assigned and referred to Judge Kimberly Mueller; Objections to F&R due by within 21 days. (Yin, K)
May 28, 2021 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 05/28/2021 DENYING 67 Plaintiff's Motion to strike.(Rodriguez, E)
May 4, 2021 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Allison Claire on 5/3/2021 DENYING plaintiff's 63 motion to strike. Within 7 days, defendant Passwaters shall file a properly signed and dated declaration. Failure to do so will result in the original declaration being disregarded. (Yin, K)
April 5, 2021 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Allison Claire on 4/05/21 DENYING 61 Motion for a copy of his deposition. (Plummer, M)
March 29, 2021 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 03/29/21 GRANTING 58 Motion for Extension of time. Plaintiff shall have 30 days from the service of this order to file his opposition to defendants motion for summary judgment; DENYING 59 Motion for Reconsideration, Motion for order directing defendant to provide a copy of his deposition and motion for appointment of counsel. (Plummer, M)
January 28, 2021 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Allison Claire on 1/27/2021 DENYING plaintiff's 54 motion to compel. (Yin, K)
January 4, 2021 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Allison Claire on 12/30/20 DENYING 50 Motion for a second settlement conference. (Plummer, M)
December 17, 2020 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Allison Claire on 12/16/20 DENYING 50 Motion to Appoint Counsel. Within 14 days of the service of this order, defendant shall notify the court whether he believes a settlement conference would be beneficial at this time. (Plummer, M)
October 7, 2020 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Allison Claire on 10/6/2020 GRANTING defendants' 48 motion. The deadline for defendant to take plaintiffs deposition is 12/8/2020, and the deadline to file dispositive motions is 2/26/2021. (Yin, K)
June 10, 2020 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Allison Claire on 06/09/2020 DENYING 45 Motion for Extension of Time. (Tupolo, A)
June 3, 2020 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Allison Claire on 06/03/2020 GRANTING 43 Motion to Modify the Discovery and Scheduling Order. The Discovery deadline is EXTENDED to 08/04/2020 and the Dispositive Motion deadline is EXTENDED to 10/27/2020. (Tupolo, A)
April 13, 2020 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 4/10/20 DENYING 34 Motion for a second settlement conference. (Plummer, M)
April 8, 2020 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 4/08/20 DENYING 38 Motion to Appoint Counsel. (Plummer, M)
March 26, 2020 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Allison Claire on 03/25/20 ORDERING that within 14 days of service of this order, defendant shall notify the court whether he believes a settlement conference would be beneficial at this time. (Plummer, M)
December 17, 2019 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Allison Claire on 12/16/2019 DENYING 32 Motion to Appoint Counsel. (Henshaw, R)
November 7, 2019 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Allison Claire on 11/06/19 LIFTING THE STAY of this action. Within 21 days of the filing of this order, defendant shall file a response to the complaint. (Plummer, M)
August 14, 2019 Opinion or Order Filing 25 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 08/13/19 ORDERING the Custodian to produce Samuel Saldana by video conferencing on 10/16/19 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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: KJN and OTCD) (Plummer, M)
July 8, 2019 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Allison Claire on 7/8/2019 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Plaintiff shall file the attached notice re settlement conference within 30 days of this order. Each party shal l 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)
May 13, 2019 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Allison Claire on 5/10/2019 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Samuel Saldana. The custodial agency 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: Samuel Saldana
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Defendant: M.E. Spearman
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Defendant: Jared Pastswater
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