Dawson v. United States Government et al
Plaintiff: Kenneth Dean Dawson
Defendant: United States Government, California State Republic, Eric Silva, Rutherford and Dailey
Case Number: 2:2018cv00354
Filed: February 14, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Carolyn K. Delaney
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
October 7, 2020 Opinion or Order Filing 98 ORDER signed by Senior Judge Morrison C. England, Jr on 10/6/2020 ADOPTING the 97 findings and recommendations filed 8/28/2020 in full; GRANTING 85 Defendant Daley's motion for summary judgment; DISMISSING all remaining claims for failure to exhaust available administrative remedies; and DIRECTING the Clerk of the Court to close the case. CASE CLOSED (Becknal, R)
August 28, 2020 Opinion or Order Filing 97 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/27/20 RECOMMENDING that Defendant Dailey's motion for summary judgment 85 be granted. Plaintiff's remaining claims be dismissed for failure to exhaust available administrative remedies. This case be closed. F&R referred to District Judge Morrison C. England, Jr. Objections to F&R due within fourteen days. (Kaminski, H)
July 2, 2020 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/2/2020 DENYING plaintiff's 92 motion for appointment of counsel. (Yin, K)
April 29, 2020 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/29/20 STRIKING 88 plaintiff's document. Plaintiff is reminded that his legibly written response to defendant Daileys motion for summary judgment must be delivered to prison officials for mailing no later than May 15, 2020. (Plummer, M)
April 15, 2020 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/15/20 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment or a statement of non-opposition.(Plummer, M)
February 5, 2020 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/05/20 DENYING 83 Motion to Appoint Counsel. (Plummer, M)
December 18, 2019 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/18/2019 ORDERING to the extent plaintiff requests an extension of time to serve discovery requests, plaintiff's 81 request is DENIED. (Yin, K)
November 25, 2019 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/25/19 DENYING 74 plaintiff's request. (Plummer, M)
August 23, 2019 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/23/19 GRANTING 66 request to opt out and vacate settlement conference and vacate the order staying the case; VACATING the 10/31/19 settlement conference; QUASHING 65 the writ of habeas corpus ad testificandum; and LIFTING the stay imposed on 7/16/19. Defendants Daily shall file his responsive pleading within 14 days. (cc: DB and OTCD) (Plummer, M)
August 20, 2019 Opinion or Order Filing 68 ORDER signed by District Judge Morrison C. England, Jr. on 8/20/2019 ADOPTING 54 Findings and Recommendations in full. All claims and defendants other than claims for excessive force arising under the 8th Amendment and retaliation arising under the 1st Amendment against Correctional Officer M. Daily, as detailed by plaintiff on pages 3-5 of plaintiff's second amended complaint, are DISMISSED. This action shall proceed on those remaining claims. (York, M)
August 7, 2019 Opinion or Order Filing 65 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 08/06/19 ORDERING the Custodian to produce Kenneth Dean Dawson on 10/31/19 at 10:00 a.m. in courtroom 27 before Magistrate Judge Deborah Barnes. Custodian is ordered to notify the court of any changes in custody and to provide the new custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian and Out-to-Court Desk. (cc: DB and OTCD) (Plummer, M)
July 16, 2019 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/16/2019 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. (Henshaw, R)
June 13, 2019 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/13/19 ORDERING on 6/10/19, plaintiff filed what the court construes to be a third amended complaint. Because plaintiff was not granted leave to amend his second amended complaint, nor moved for leave to amend, IT IS HEREBY ORDERED that the third amended complaint (ECF No. 59) is stricken. (Becknal, R)
December 19, 2018 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/2018 GRANTING 42 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file a second amended complaint. Failure to file a second amended complaint within 30 days will result in a recommendation that this action be dismissed. (Huang, H)
November 13, 2018 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/13/2018 DISMISSING 15 Amended Prisoner Civil Rights Complaint. Plaintiff is GRANTED 30 days from the date of service of this order to file a second amended complaint. (Huang, H)
September 7, 2018 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/07/18 DENYING 25 Motion to Appoint Counsel. (Plummer, M)
June 29, 2018 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kenneth Dean Dawson signed by Magistrate Judge Carolyn K. Delaney on 6/29/2018. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forwa rd to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial) (Yin, K)
June 28, 2018 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/28/18 GRANTING 7 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's motion for leave to file an amended complaint is GRANTED. Plaintiff's complaint is dismissed. Plaintiff is granted 30 days to file an amended complaint. (Plummer, M)
February 20, 2018 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/2018 DIRECTING Plaintiff to submit an IFP form or pay the appropriate filing fee within 30 days from the date of this order. (Fabillaran, J)
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Plaintiff: Kenneth Dean Dawson
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Defendant: United States Government
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Defendant: California State Republic
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Defendant: Eric Silva
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Defendant: Rutherford
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Defendant: Dailey
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