(PC) Williams v. Spearman et al
Plaintiff: Gentry Williams
Defendant: J. Fannon and M.E. Spearman
Case Number: 2:2019cv00486
Filed: March 18, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Deborah Barnes
Referring Judge: Morrison C England
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2019 Opinion or Order Filing 14 ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Deborah Barnes on 6/28/2019. Consent or Decline due by 8/1/2019. (Henshaw, R)
June 28, 2019 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Deborah Barnes on 6/27/2019 DIRECTING USM to serve * complaint * filed on * 3/18/2019* on * J. Fannon*. The USM to notify defendant Fannon within 14 days from the date of this order. (Henshaw, R)
June 28, 2019 Opinion or Order SERVICE BY MAIL: #13 Order and Local Rules served on Gentry Williams. 2 Summons, 1 USM-285 forms, 2 copies of #1 Complaint, 2 copies of #13 Order, and 2 copies of #14 Order re Consent to US Marshal. (Henshaw, R)
June 24, 2019 Opinion or Order Filing 12 NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 1 USM-285 Forms and 1 copy of the complaint by Gentry Williams. (Benson, A.)
June 12, 2019 Opinion or Order Filing 11 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/11/2019 ORDERING Clerk to randomly assign a district judge to this case; DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms with Notice of Submission of Documents within 30 days form the date of this order; and RECOMMENDING defendant Spearman be dismissed from this action. Service is appropriate for J. Fannon. Clerk to send plaintiff: 1 Summons, 1 USM-285 Form with instruction sheet, and 1 copy of the Complaint filed on 3/18/2019. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
June 12, 2019 Opinion or Order Filing 10 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to Order and Findings and Recommendations, this case has been assigned to District Judge Morrison C. England, Jr and Magistrate Judge Deborah Barnes. The new case number is: 2:19-cv-0486 MCE DB (PC). (Henshaw, R)
June 12, 2019 Opinion or Order SERVICE BY MAIL: #11 Order and Findings and Recommendations, 1 Summons, 1 USM-285 Form with instruction sheet, and 1 copy of the Complaint filed on 3/18/2019 served on Gentry Williams. (Henshaw, R)
June 5, 2019 Opinion or Order Filing 9 NOTICE re Dismissal of defendant Spearman by Gentry Williams. (Coll, A)
May 22, 2019 Opinion or Order Filing 8 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M)
May 22, 2019 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gentry Williams signed by Magistrate Judge Deborah Barnes on 05/21/19. CDC shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
May 22, 2019 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Deborah Barnes on 05/21/19 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. Plaintiffs claim against defendant Spearman is dismissed with leave to amend. Plaintiff may choose to proceed on his cognizable claim set out above or he may choose to amend his complaint. If plaintiff chooses to proceed on his current Eighth Amendment excessive force claim against defendant Fannon, he shall so notify the court within thirty days. The court will then order service of the complaint on this defendant and will recommend dismissal of defendant Spearman. If plaintiff chooses to amend his complaint, within thirty days from the date of service of this order, he must filed an amended complaint. Plaintiffs failure to file an amended complaint within the time provided, or otherwise respond to this order, will result in the case proceeding on plaintiffs Eighth Amendment claim identified above. The court will then recommend dismissal of defendant Spearman. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint form used in this district. (Plummer, M)
May 22, 2019 Opinion or Order SERVICE BY MAIL: #7 Order Directing Prisoner Payment, served on Gentry Williams. (Plummer, M)
May 22, 2019 Opinion or Order SERVICE BY MAIL: #6 Order on Motion to Proceed in forma pauperis, and prisoner civil rights complaint form served on Gentry Williams. (Plummer, M)
March 20, 2019 Opinion or Order Filing 5 PRISONER TRUST FUND ACCOUNT STATEMENT re Gentry Williams. (Becknal, R)
March 20, 2019 Opinion or Order Filing 4 CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for Gentry Williams, CDC AS-9480 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (TEXT ONLY) (Plummer, M)
March 19, 2019 Opinion or Order Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Service Notice issued re complaint filed *3/18/2019*; Consent or Decline due by 4/22/2019 (Attachments: #1 Order re Consent, #2 E-Service Notice) (Becknal, R)
March 19, 2019 Opinion or Order SERVICE BY EMAIL: #3 Prisoner New Case Documents served on Gentry Williams. (Becknal, R)
March 18, 2019 Opinion or Order Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Gentry Williams. (Becknal, R)
March 18, 2019 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Gentry Williams. (Attachments: #1 Civil Cover Sheet)(Becknal, R)

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Defendant: J. Fannon
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Defendant: M.E. Spearman
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Plaintiff: Gentry Williams
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