McClintock v. Cooper et al
| John McClintock |
| T. Cooper, M. Armenta, Winkler, Wheeler, J. Cantu, L. Cantu, B. McCloughan, Joe Lizarraga, M. Voong, C. White, B. Walker, L. Olivas and M. Allen |
| 2:2018cv00560 |
| March 15, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John A. Mendez |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
148
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/2023 DENYING 147 Motion for Transcripts. (Huang, H)
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Filing
142
ORDER signed by District Judge Dale A. Drozd on 3/22/2023 ADOPTING in FULL 137 Findings and Recommendations. GRANTING in PART and DENYING in PART 124 Motion for Summary Judgment. Because this order resolves all of plaintiff's remaining claims as to all defendants, judgment shall be entered in favor of defendants, and the Clerk of the Court is directed to close this case. CASE CLOSED (Reader, L)
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Filing
137
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/2022 ORDERING, within 14 days, plaintiff to show cause why the court should not sua sponte grant summary judgment in favor of defendants Armenta, Winkler, Whee ler and J. Cantu as to the merits of claim two. IT IS RECOMMENDED that plaintiff's request for reconsideration of the 6/11/2019 order dismissing claim one, contained in his opposition to defendants' summary judgment motion, be denied; Def endants 124 summary judgment motion on the grounds that plaintiff failed to administratively exhaust claim two be denied; and defendants' motion for summary judgment be granted in all other respects. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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Filing
135
ORDER signed by Magistrate Judge Kendall J. Newman on 05/31/22 GRANTING 134 Motion for Extension of Time. Defendants shall have until 06/15/22, to file a reply to Plaintiff's opposition to Defendants' motion for summary judgment.(Licea Chavez, V)
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Filing
132
ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/22 GRANTING 131 Motion for Extension of Time. (Licea Chavez, V)
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Filing
128
ORDER signed by Magistrate Judge Kendall J. Newman on 2/11/2022 GRANTING 127 Motion for Extension of Time and GRANTING plaintiff 21 days from the date of this order to file a summary judgment motion and an opposition to defendants' summary judgment motion. (Henshaw, R)
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Filing
120
ORDER signed by Magistrate Judge Kendall J. Newman on 12/17/21 GRANTING 119 Motion to modify the discovery and scheduling order. The dispositive motion deadline shall be extended by 21 days. The parties will have until January 13, 2022 to file any dispositive motions. (Plummer, M)
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Filing
118
ORDER signed by District Judge John A. Mendez on 11/22/21 ADOPTING 116 Findings and Recommendations. Defendants' motion for terminating sanctions is DENIED without prejudice. Upon reconsideration, the order of the magistrate judge filed October 12, 2021, denying plaintiff's motion for sanctions, is AFFIRMED. (Kaminski, H)
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Filing
116
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/12/2021 DENYING 101 Motion for Sanctions and RECOMMENDING 109 Motion for Terminating Sanctions be denied without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
114
ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/21 GRANTING 112 Motion to modify the discovery and scheduling order. The dispositive motion deadline shall be taken off calendar, and the parties will have until thirty days after the Court rules on Defendants cross-motion for terminating sanctions 109 to file any dispositive motions. (Plummer, M)
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Filing
106
ORDER signed by Magistrate Judge Kendall J. Newman on 07/29/2021 GRANTING 104 Motion for Extension of Time. Defendants shall have until 08/05/2021,to file an Opposition to Plaintiff's Motion for Sanctions. (Rodriguez, E)
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Filing
103
ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2021 GRANTING 102 Motion to Modify and Extension of Time; GRANTING the parties until 8/18/2021 to file any dispositive motions; and GRANTING Defendants until on or before 7/22/2021 to file a response to 101 Motion for Sanctions. (Henshaw, R)
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Filing
95
ORDER signed by Magistrate Judge Kendall J. Newman on 3/12/2021 APPROVING the parties' stipulation to substitute the current Defendant J. Cantu with Officer J. Cantu, and dismiss the current Defendant J. Cantu from the case. (Yin, K)
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Filing
92
ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2021 GRANTING 91 Motion for Extension of Time; ORDERING Defendant J. Cantu to serve her revised interrogatory responses by 3/5/2021; and RESETTING the dispositive motion deadline to 4/20/2021. (Henshaw, R)
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Filing
90
ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2021 DENYING plaintiff's 89 motion for leave to amend, without prejudice. (Yin, K)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/2020 GRANTING 84 Motion to Modify. The deadline to file dispositive motions is now 2/20/2021. (Henshaw, R)
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Filing
83
ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2020 GRANTING 80 Motion to Compel; ORDERING defendants L. Cantu and J. Cantu to serve Plaintiff with responses to the revised interrogatories within 30 days of the date of this order; and ORDERING Plaintiff may file a Motion to Compel regarding the responses to these interrogatories within 30 days thereafter. (Henshaw, R)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 09/10/20 DENYING 73 Motion to Appoint Counsel. (Plummer, M)
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Filing
65
ORDER signed by District Judge John A. Mendez on 06/29/2020 AFFIRMING 53 Order. (Tupolo, A)
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Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 06/15/20 DENYING 38 Motion to Compel but for request no. 32; within 21b days of the date of this order, defendants shall provide plaintiff with a further response to request no. 32; if appropriate, plaintiff may file a further motion to compel based on defendants supplemental response to request no. 32 within 21 days thereafter. (Plummer, M)
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Filing
56
ORDER signed by Magistrate Judge Kendall J. Newman on 5/29/2020 ORDERING the Clerk to file UNDER SEAL plaintiff's request for reconsideration filed on 5/22/2020 and the two documents submitted by plaintiff's mother on 5/22/2020. Plaintiff is informed that the court will not accept further documents from his mother (or any other non-party) because she is not a party to this action. Plaintiff is also informed that all further requests for documents to be filed under seal must include a well-supported motion for sealing. (Yin, K)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2020 ORDERING the Clerk to file UNDER SEAL plaintiff's motion requesting that the court refer certain individuals and a state agency to the Justice Department for investigation and criminal prosecution. Plaintiff's motion requesting that the court refer certain individuals and a state agency to the Justice Department for investigation and criminal prosecution is DENIED. (Yin, K)
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Filing
51
ORDER signed by District Judge John A. Mendez on 5/5/2020 ADOPTING the findings and recommendations filed 1/17/2020, in full; and DENYING Plaintiff's motion for a preliminary injunction (ECF No. 31 ) without prejudice.(Becknal, R)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 4/17/20 DENYING 48 Motion to Appoint Counsel. (Plummer, M)
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Filing
47
ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/2020 DENYING 43 Motion to Set Aside his deposition. GRANTING 46 Motion for a 45 days extension of time. The parties may conduct discovery until 6/1/2020, any motions to compel shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 8/24/2020. All other deadlines in the Discovery and Scheduling Order (ECF No. 30 ) remain in effect. (Reader, L)
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Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/2020 DIRECTING defendants to inform the court of the status of plaintiff's deposition within 5 days. If plaintiff's deposition is scheduled for 4/10/2020 defendants shall address plaintiff's health concerns and why plaintiff's deposition could not be rescheduled for a later date. (Coll, A)
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44
ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2020 DENYING plaintiff's 36 motion for preservation of evidence. (Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 03/27/20 DENYING 35 Motion to Compel. (Plummer, M)
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Filing
32
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/17/2020 RECOMMENDING 31 Motion for Preliminary Injunction filed be denied without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
26
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/25/2019 ORDERING the custodian to produce John McClintock T-79940 by video conference from his place of confinement, before Magistrate Judge All ison Claire, on 12/17/2019 at 9:00 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 counsel for defendant shall confirm with the prison no less than 2 days prior to the settlement conference that the prison's video equipment will connect to the court's system. (cc: AC, I.T. Dept., ADR) (Yin, K)
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Filing
22
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2019 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 assigne d 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)
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Filing
19
ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS signed by District Judge John A. Mendez on 07/10/19 DISMISSING the claims found not potentially colorable in the second amended complaint. (Benson, A.)
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Filing
15
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/30/19 RECOMMENDING that the claims found not potentially colorable in the second amended complaint be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 3/12/2019 DISMISSING 11 Amended Complaint with leave to amend within 30 days. (Henshaw, R)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/2018 DIRECTING MONTHLY PAYMENTS be made from Prison Account of John McClintock. 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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