Brown v. Benavidez et al
| Christopher Brown |
| J. Benavidez, J. Dominguez, R. Crother, C. Ramirez, J. Hanley, N. Peterson, D. Akemon, M. Ward, K. O'Conner, R.J. Rackley, C. Deal, M. Voong, J. Hampton, R. Ferrer, Sheufelt and J. Heckman |
| 2:2018cv01015 |
| April 24, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Kimberly J. Mueller |
| Civil Rights |
| 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
79
ORDER signed by District Judge Dale A. Drozd on 9/6/2022 ADOPTING 77 Findings and Recommendations in full; GRANTING defendants' 64 Motion for Summary Judgment; DENYING plaintiff's 73 Motion for Summary Judgment. The Clerk is directed to enter judgment in defendants' favor and close this action. CASE CLOSED. (Zignago, K.)
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Filing
77
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/25/2022 RECOMMENDING defendants' 64 motion for summary judgment be granted; plaintiff's 73 motion for summary judgment be denied; Judgement be entered in defendants' favor and against plaintiff; and the Clerk be directed to close the case. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
74
ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 5/26/2022 ORDERING defendants to show cause, within 14 days, why sanctions should not be imposed for their failure to timely file a response to plaintiff's 73 cross-motion for summary judgment. Within 14 days, defendants shall file either an opposition or statement of non-opposition to plaintiff's motion. Plaintiff may file a reply to defendants' opposition, if any, 14 days thereafter. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that defendants' answer be stricken and their default entered. (Yin, K)
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Filing
70
ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/21/21 ORDERING plaintiff shall file either an opposition or statement of non-opposition to defendants motion for summary judgment on or before November 19, 2021. Defendants reply to plaintiff s opposition, if any, shall be filed by no later than December 3, 2021. The August 24, 2021 order, 63 , is modified to reflect that the deadline for filing dispositive motions was extended to September 22, 2021.(Plummer, M) Modified on 10/22/2021 (Plummer, M).
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Filing
63
ORDER signed by Magistrate Judge Jeremy D. Peterson on 08/24/2021 GRANTING 61 Motion to Modify the Dispositive Motion Deadline and MODIFYING 38 Scheduling Order to EXTEND the deadline for filing Dispositive Motions to 09/22/2022. (Rodriguez, E)
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Filing
60
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/24/2021 ADOPTING 55 Findings and Recommendations in full. Defendants' 47 motion for summary judgment is GRANTED, and all claims other than those against defendant Akemon arising out of the incident on 8/29/2016, and those against Ramirez and Hanley arising out of the incident on 9/11/2017, are DISMISSED without prejudice as unexhausted. Plaintiff's 51 motion for continuance is DENIED. Plaintiff's 53 motion to amend is DENIED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
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Filing
55
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/16/2021 DENYING plaintiff's 51 request for appointment of counsel. IT IS RECOMMENDED that defendants' 47 motion for summary judgment be grante d and all claims other than those against defendant Akemon arising out of the incident on 8/29/2016 and those against Ramirez and Hanley arising out of the incident on 9/11/2017 be dismissed without prejudice as unexhausted; plaintiff's 51 motion for continuance be denied; and plaintiff's 53 motion to amend be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
48
ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/12/2020 GRANTING 45 Motion to Modify the Discovery and Scheduling Order. Defendants may conduct Ben-Binyamins deposition and bring any motion to compel within 90 days of the date of entry of this order. (Tupolo, A)
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Filing
43
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/31/20 DENYING 42 Motion to Appoint Counsel. (Plummer, M)
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Filing
41
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/10/2020 GRANTING defendants 40 motion to modify the discovery and scheduling order. Defendants may conduct Ben-Binyamin's deposition and bring any motion to compel within 90 days. Defen dants may file a motion for summary judgment on administrative exhaustion grounds within 90 days. Dispositive motions shall be filed within 60 days of the final resolution of the motion for summary judgment on administrative exhaustion grounds. (Yin, K)
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Filing
36
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/19/2020 ADOPTING 35 Findings and Recommendations in full; DENYING 22 Motion for Preliminary Injunction; DENYING 18 Motion to Dismiss. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Mena-Sanchez, L)
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Filing
35
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/13/20 RECOMMENDING that Defendant's Motion to Dismiss 18 be DENIED and Plaintiff's Motion for Preliminary Injunction 22 be DENIED. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Christopher Brown signed by Magistrate Judge Edmund F. Brennan on 4/23/2019. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward 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)
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Filing
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/26/2018 ORDERING plaintiff has 30 days to submit either the filing fee or the application required by § 1915(a). The Clerk shall mail plaintiff an ifp form. (Yin, K)
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