(PC) Murphy v. Elston et al
| Monrell D. Murphy |
| C. Elston, R. Agredano, Rainelle Smith, P. Betinis and Rainel Smith |
| 2:2019cv02632 |
| December 31, 2019 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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Filing 25
STIPULATION and ORDER DISMISSING CASE signed by Magistrate Judge Allison Claire on 12/13/21 pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED(Plummer, M)
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Filing 24
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/10/21 ORDERING defendant Smith is dismissed with prejudice.(Plummer, M)
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| SERVICE BY MAIL: #24 Stipulation and Order, Add and Terminate Parties served on Monrell D. Murphy. (Plummer, M) |
| SERVICE BY MAIL: #25 Order Dismissing Case served on Monrell D. Murphy. (Plummer, M) |
| Filing 23 STIPULATION of DISMISSAL with Prejudice; Proposed Order by R. Agredano, P. Betinis, C. Elston. (Wilson, Matthew) |
| Filing 22 STIPULATION of DISMISSAL with Prejudice of Defendant Smith; Proposed Order by Rainel Smith. (Wilson, Matthew) |
| SERVICE BY MAIL: 21 Settlement Conference minutes served on Monrell D. Murphy. (Waldrop, A) |
| Filing 21 MINUTES (Text Only) for proceedings held via video conference (Zoom) before Magistrate Judge Kendall J. Newman: SETTLEMENT CONFERENCE held on 11/16/2021. Plaintiff, Monrell D. Murphy and defense counsel present. After discussions with the Court, parties reached and agreed to a verbal settlement. Terms of the settlement stated on the record by the Court. All pending dates are VACATED. Dispositional documents to be filed within 30 days Plaintiff's Counsel Monrell D. Murphy (Pro Se) present. Defendants' Counsel Matthew Wilson present. Court Reporter: Kacy Barajas. (Waldrop, A) |
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Filing 20
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 10/7/2021 ORDERING the custodian to produce Monrell D. Murphy #P-24634, by Zoom video conference from his place of confinement, before Magistrate Judge Kendall J. Newman, on 11/16/2021 at 1:30 p.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 any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Alexandra Waldrop. (cc: KJN, I.T. Dept., ADR)(Yin, K)
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| SERVICE BY MAIL: #20 Order & Writ Issued served on Monrell D. Murphy. 3 Certified copies of #20 Order & Writ Issued served on CCI Warden, 1 copy faxed to Litigation Office. (Yin, K) |
| Filing 19 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 8/20/2021 : The matter is set for Settlement Conference on 11/16/2021 at 1:30 PM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The conference is to be conducted by telephone or video. Counsel for the defendant(s) is directed to confirm with the court via awaldrop@caed.uscourts.gov, one week prior to the scheduled settlement conference and report on the institution's ability, in light of any COVID-19 restrictions, if the settlement conference can go forward and by which means. The parties are instructed to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to this settlement conference. These statements shall be simultaneously mailed or delivered to the Court using the following email address: kjnorders@caed.uscourts.gov. These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (TEXT ONLY ENTRY)(Waldrop, A) |
| SERVICE BY MAIL: 19 Minute Order served on Monrell D. Murphy. (Waldrop, A) |
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Filing 18
ORDER signed by Magistrate Judge Allison Claire on 7/19/2021 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Defendants shall file any motion to opt out of the Post-Screening ADR Project no more than 30 days from the date of this order. 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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| SERVICE BY MAIL: #18 Order served on Monrell D. Murphy. (Henshaw, R) |
| Filing 17 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to All Defendants. Attorney Wilson, Matthew Ross added as counsel of record. (Wilson, Matthew) |
| Filing 16 NOTICE OF INTENT TO WAIVE SERVICE by defendants Cassandra Elston, Rainelle Smith, Ron Agredano and Patrick Betinis. AG Waiver of Service due in 30 days. (Tupolo, A) |
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Filing 15
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Allison Claire on 5/28/2021. (for E-Service) (Yin, K)
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| Filing 14 SUMMONS ISSUED as to *R. Agredano, P. Betinis, C. Elston, and Rainel Smith* with answer to complaint due within *21* days. Attorney *Monrell D. Murphy P-24634* *California Correctional Institution* *P.O. Box 1902* *Tehachapi, CA 93581*. (Yin, K) |
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Filing 13
ORDER signed by Magistrate Judge Allison Claire on 5/28/2021 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendants: *C. Elston*, *Rainel Smith*,*R. Agredano*,*P. Betinis*. 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: #13 Order Finding Service of Complaint Appropriate served on Monrell D. Murphy. (Yin, K) |
| Filing 12 NOTICE TO PROCEED ON COGNIZABLE CLAIM(S) by Monrell D. Murphy re #9 Order. (Kastilahn, A) |
| Filing 11 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M) |
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Filing 10
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Monrell D. Murphy signed by Magistrate Judge Allison Claire on 5/14/21. 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)
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Filing 9
ORDER signed by Magistrate Judge Allison Claire on 5/14/21 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 collected and paid in accordance with this courts order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiffs state tort law claims do not state claims for which relief can be granted. Plaintiff has the option to proceed immediately on his First and Eighth Amendment claims against defendants Elston, Smith, Agredano, and Betinis as set forth in Section IV above, or to amend the complaint. Within fourteen days of service of this order, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the screened complaint or whether he wants to file a first amended complaint. If plaintiff does not return the form, the court will assume that he is choosing to proceed on the complaint as screened and will recommend dismissal without prejudice of the state tort claims. (Plummer, M) Modified on 5/17/2021 (Plummer, M).
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| SERVICE BY MAIL: #9 Order on Motion to Proceed in forma pauperis, served on Monrell D. Murphy. (Plummer, M) |
| SERVICE BY MAIL: #10 Order Directing Prisoner Payment, served on Monrell D. Murphy. (Plummer, M) |
| Filing 8 NOTICE of CHANGE of ADDRESS to California Correctional Institution, P.O. Box 1902, Tehachapi, CA 93581 by Monrell D. Murphy. (Kastilahn, A) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire. The new case number is: 2:19-cv-2632-KJM-AC (PC). (Huang, H) |
| SERVICE BY MAIL: 7 Clerk's Notice Reassigning Case served on Monrell D. Murphy. (Huang, H) |
| Filing 6 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. (Huang, H) |
| Filing 5 PRISONER TRUST FUND ACCOUNT STATEMENT by Monrell D. Murphy (Benson, A.) |
| 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 Monrell D. Murphy, CDC P-24634 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) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *12/31/2019*; Consent or Decline due by 2/6/2020 (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Tupolo, A) |
| SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Monrell D. Murphy. (Tupolo, A) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Monrell D. Murphy. (Tupolo, A) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Monrell D. Murphy. (Attachments: #1 Civil Cover Sheet)(Tupolo, A) |
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