(PC) Protsman v. Warden et al
| Eugene Red Protsman |
| Warden, A.W. Warden, Fox, Q. Footman and D. Footman |
| 2:2019cv02446 |
| December 6, 2019 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S NOTICE of VOLUNTARY DISMISSAL (TEXT ONLY): This action is DISMISSED with prejudice pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Yin, K) |
| SERVICE BY MAIL: (ECF No. 34) Clerk's Notice of Voluntary Dismissal served on Eugene Red Protsman. (Yin, K) |
| Filing 33 STIPULATION for Voluntary Dismissal with Prejudice . (Walker, Justin) |
| Filing 32 MINUTES (Text Only). For proceedings held via video conference before Magistrate Judge Allison Claire: SETTLEMENT CONFERENCE held on 1/26/2021. Per the terms and conditions stated on the record the case has SETTLED. All dispositional documents shall be filed within thirty days of today's date. Plaintiffs Counsel Pro Se Plaintiff via video present. Defendants Counsel Justin Walker present. Court Reporter/CD Number: Kacy Barajas. (Callen, V) |
| Filing 31 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Justin W. Walker for D. Footman,Justin W. Walker for Fox,Justin W. Walker for Warden, attorney Laura Wetzel Simpton terminated (Walker, Justin) |
| Filing 30 NOTICE of Submission of Confidential Settlement Statement by D. Footman, Fox, Warden. (Simpton, Laura) Modified on 1/15/2021 (Plummer, M). |
Filing 29
ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2021 DENYING without prejudice plaintiff's #28 motion for court assistance in obtaining a video of his cell, docketed as a "motion to compel". (Yin, K)
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| SERVICE BY MAIL: #29 Order on Motion to Compel served on Eugene Red Protsman. (Yin, K) |
| Filing 28 MOTION to COMPEL by Eugene Red Protsman. (Zignago, K.) Modified on 1/6/2021 (Plummer, M). |
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Filing 27
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 12/28/2020 ORDERING Custodian to produce Eugene Red Protsman viz Zoom video conference on 1/26/2021 at 9:00 a.m. before Magistrate Judge Allison Claire. 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: IT Dept & AC) (Henshaw, R)
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| SERVICE BY MAIL: #27 Order and Writ Issued served on Eugene Red Protsman. 3 Certified copies served on Warden, CHCF, 7707 Austin Rd., Stockton, California 95213 and copy of this order served via fax on the Litigation Office at California Health Care Facility at (209) 467-2676 or via email. (Henshaw, R) |
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Filing 26
ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2020 DENYING without prejudice #25 Request for an Investigator. (Henshaw, R)
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| SERVICE BY MAIL: #26 Order served on Eugene Red Protsman. (Henshaw, R) |
| Filing 25 MOTION for APPOINTMENT OF INVESTIGATOR by Eugene Red Protsman. (Mena-Sanchez, L) |
| Filing 24 NOTICE Regarding #23 Ex Parte Request to Continue Settlement Conference by D. Footman, Fox, Warden . (Simpton, Laura) |
| Filing 23 EX PARTE APPLICATION to continue settlement conference by D. Footman, Fox, Warden for Continuing Settlement Conference. (Attachments: #1 Declaration of Laura Wetzel Simpton, #2 Proposed Order, #3 Proof of Service)(Simpton, Laura) Modified on 11/12/2020 (Plummer, M). |
| Filing 22 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Laura Wetzel Simpton for D. Footman, Fox and Warden, attorney Van Kamberian terminated (Simpton, Laura) Modified on 11/5/2020 (Plummer, M). |
| SERVICE BY MAIL: (ECF No. 21) Minute Order served on Eugene Red Protsman. (Yin, K) |
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Filing 21
MINUTE ORDER: Issued by the Courtroom Deputy to the Honorable Allison Claire, U.S. Magistrate Judge. The matter is set for Settlement Conference January 26, 2021 at 09:00 AM in Courtroom 26(AC) before Magistrate Judge Allison Claire. The conference is to be conducted by remote means to be determined at a later date and time. Counsel for the defendant(s) is directed to contact the court via vcallen@caed.uscourts.gov, one week prior to the scheduled settlement conference to report on the institution's ability, in light of any COVID-19 restrictions, to produce the inmate for a remote appearance. Each party is reminded of the requirement that it be represented at the settlement conference by a person with full settlement authority. See Local Rule 270. At least seven (7) days prior to the conference, January 19, 2021 the parties are directed to submit confidential settlement conference statements to chambers via email or mail acorders@caed.uscourts.gov. Such statements shall not be filed with the Clerk: however, each party shall e-file or mail a one page document entitled Notice of Submission of Confidential Settlement Conference Statement. The parties may agree, or not, to serve each other with the settlement statements. The stay is this matter is continued to 1/26/2021 as well. As ordered by Magistrate Judge Allison Claire on 10/8/2020 (Text Only)(Callen, V.)
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Filing 20
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 8/13/2020. The assigned DAG shall contact the 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 in accordance with this order. If settlement is reached, the parties shall file a Notice of Settlement. (Yin, K)
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| SERVICE BY MAIL: #20 Order Referring Case to Post-Screening ADR Project served on Eugene Red Protsman. (Yin, K) |
| Filing 19 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Fox on 7/16/2020; D. Footman on 7/16/2020; Warden on 7/16/2020. Attorney Kamberian, Van added as counsel of record. (Kamberian, Van) Modified on 8/13/2020 (Plummer, M). |
| Filing 18 NOTICE OF INTENT TO WAIVE SERVICE by defendants Daniel Cueva, Denelda Footman, Kevin Fox. AG Waiver of Service due in 30 days. (Coll, A) |
| Filing 17 NOTICE of CHANGE of ADDRESS to California Health Care Facility, P.O. Box 213040, Stockton CA 95213 by Eugene Red Protsman. (Coll, A) |
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Filing 16
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 6/8/2020. (for E-Service) (Yin, K)
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| Filing 15 SUMMONS ISSUED as to *D. Footman, Fox, Warden* with answer to complaint due within *21* days. Attorney *Eugene Red Protsman P-39467* *California Health Care Facility* *P.O. Box 32200* *Stockton, CA 95213*. (Yin, K) |
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Filing 14
ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2020 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendants: *CMF Warden*, *D. Footman*,*Fox*. The Clerk shall serve this order via email on the CDCR, along with a summons, the Operative Complaint, the Order re Consent and Notice of E-Service Waiver. (Attachments: #1 Notice of Waiver) (Yin, K)
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| SERVICE BY MAIL: #14 Order Finding Service of Complaint Appropriate served on Eugene Red Protsman. (Yin, K) |
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Filing 13
ORDER signed by Magistrate Judge Kendall J. Newman on 03/31/20 ORDERING the Clerk of the Court is directed to re-serve plaintiff with the January 3, 2020 order dismissing his complaint with leave to amend #5 . Plaintiff is granted sixty days from the date of this order to file an amended complaint.(Plummer, M)
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| SERVICE BY MAIL: #13 Order,, Set/Reset Deadlines and Hearings, #5 Screening Order,, Order on Motion to Proceed in forma pauperis, served on Eugene Red Protsman. (Plummer, M) |
| Filing 12 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Eugene Red Protsman. (Coll, A) |
| Filing 11 REQUEST for ADVICE and REQUEST for COPIES of Lost Documents by Eugene Red Protsman. (York, M) |
| Filing 10 REQUEST for COPIES by Eugene Red Protsman. (Coll, A) |
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Filing 9
ORDER signed by Magistrate Judge Kendall J. Newman on 2/06/20DENYING #8 Motion to Appoint Counsel and GRANTING #8 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file an amended complaint. (Plummer, M)
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| SERVICE BY MAIL: #9 Order on Motion for Extension,, Order on Motion to Appoint Counsel, served on Eugene Red Protsman. (Plummer, M) |
| Filing 8 MOTION for 60-DAY EXTENSION OF TIME to File an Amended Complaint re #5 Order and MOTION to APPOINT COUNSEL by Eugene Red Protsman. (Tupolo, A) |
| Filing 7 DOCUMENT SERVED ELECTRONICALLY: #2 Motion to Proceed IFP served on CDCR. (Henshaw, R) |
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Filing 6
ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/2020 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Eugene Red Protsman. The custodial agency 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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Filing 5
ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/2020 GRANTING #2 Motion to Proceed IFP and DISMISSING #1 Complaint with leave to amend within 30 days from the date of this order. Plaintiff to pay the statutory filing fee of $350. All fees to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Henshaw, R)
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| SERVICE BY MAIL: #5 Order and #6 Order Directing Prisoner Payment served on Eugene Red Protsman. (Henshaw, R) |
| Filing 4 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Tupolo, A) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *12/6/2019*; Consent or Decline due by 1/9/2020 (Attachments: #1 Order re Consent, #2 E-Filing Notice) (Tupolo, A) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Eugene Red Protsman. (Tupolo, A) Modified on 12/9/2019 (Plummer, M). |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Eugene Red Protsman.(Tupolo, A) |
| SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Eugene Red Protsman. (Tupolo, A) |
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