Martin v. Her
| Smiley Martin |
| J. Her |
| 2:2018cv01658 |
| June 7, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| 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
83
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/09/22 DENYING 70 Motion to Dismiss for failure to exhaust. (Benson, A.)
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Filing
64
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/3/21 OVERRULING 62 Officer Her's Objections. (Kastilahn, A)
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Filing
50
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/27/21 APPOINTING Attorneys Elizabeth C. Lobaugh and Michael E. Vinding for Smiley Martin. This appointment is for the limited purpose of preparing for and representing plaintiff at tria l. Elizabeth C. Lobaugh and Michael E. Vinding's appointment will terminate once the jury returns a verdict. Appointed counsel shall notify Sujean Park via email at spark@caed.uscourts.gov if they have any questions related to the appointment. (cc: Attorneys Lobaugh and Vinding)(Kastilahn, A)
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Filing
47
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021. The findings and recommendations filed August 21, 2020 are adopted in full and Defendant's summary judgment motion (ECF No. 33) is granted in part and denied in part. (Andrews, P)
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Filing
44
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/20/20 ORDERING the Clerk of the Court shall appoint a district judge to this action. Also, RECOMMENDING that defendant's summary judgment motion 33 be gr anted as to plaintiff's claim alleging that defendant Her violated his Eighth Amendment rights when he released plaintiff to breakfast and as to plaintiff's claim alleging that defendant retaliated against him in violation of the Fourteenth Amendment; defendant's summary judgment motion should be denied in all other respects. Motion for Summary Judgment 33 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/20 ORDERING that within 7 days of the date of this order, defendant shall either lodge a hard, courtesy copy of plaintiffs deposition transcript or submit an electronic copy of the deposition transcript to the undersigneds email box.(Plummer, M)
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Filing
36
ORDER signed by Magistrate Judge Kendall J. Newman on 10/02/19 ORDERING that, within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.(Plummer, M)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2019 DENYING plaintiff's 29 motion for an extension of time and request for return of CD, and DENYING defendant's 30 motion to compel. (Yin, K)
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Filing
24
ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/2019 ORDERING defendant Her to file a response to 1 Complaint within 21 days of the date of this order. (Henshaw, R)
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Filing
20
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/19/18 ORDERING the Custodian to produce via videoconference Smiley Martin on 1/14/19 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento) (Plummer, M)
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Filing
14
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 9/17/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assign ed 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) (Yin, K)
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Filing
7
ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/2018 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Smiley Martin. 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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| Plaintiff: Smiley Martin | |
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| Defendant: J. Her | |
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