(PC) Merino v. Gomez et al
Plaintiff: Francisco Merino
Defendant: Jeff Lynch, Navarro, Gomez and J. Lynch
Case Number: 2:2021cv00572
Filed: March 29, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: John A Mendez
Referring Judge: Kendall J Newman
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 April 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/2021 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The assigned 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. (Henshaw, R)
May 24, 2021 Opinion or Order SERVICE BY MAIL: #24 Order served on Francisco Merino. (Henshaw, R)
May 21, 2021 Opinion or Order Filing 23 ORDER signed by District Judge John A. Mendez on 5/20/2021 ADOPTING #15 Findings and Recommendations, DENYING #11 & #13 Motions for Injunctive Relief. (Coll, A)
May 21, 2021 Opinion or Order SERVICE BY MAIL: #23 Order Adopting Findings and Recommendations served on Francisco Merino. (Coll, A)
May 20, 2021 Opinion or Order Filing 22 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Navarro on 5/11/2021; Gomez on 5/11/2021; J. Lynch on 5/11/2021. Attorney Whisnand, Andrew James added as counsel of record. (Attachments: #1 Proof of Service)(Whisnand, Andrew) Modified on 5/21/2021 (Plummer, M).
May 17, 2021 Opinion or Order Filing 21 MOTION to APPOINT COUNSEL by Francisco Merino. (Rodriguez, E) Modified on 5/19/2021 (Plummer, M).
May 11, 2021 Opinion or Order Filing 20 NOTICE OF INTENT TO WAIVE SERVICE by defendant(s) Jeffrey Lynch, Joe Gomez, Francisco Navarro. AG Waiver of Service due in 30 days. (Rodriguez, E)
May 7, 2021 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Kendall J. Newman on 05/07/21 DENYING #18 Motion to Appoint Counsel. (Plummer, M)
May 7, 2021 Opinion or Order SERVICE BY MAIL: #19 Order on Motion to Appoint Counsel served on Francisco Merino. (Plummer, M)
May 3, 2021 Opinion or Order Filing 18 MOTION to APPOINT COUNSEL by Francisco Merino. (Reader, L)
April 28, 2021 Opinion or Order Filing 17 NOTICE by Francisco Merino re #13 Motion to Transfer. (Kaminski, H)
April 19, 2021 Opinion or Order Filing 16 PRISONER TRUST FUND ACCOUNT STATEMENT by Francisco Merino (Rodriguez, E)
April 16, 2021 Opinion or Order Filing 15 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/16/21 ORDERING the clerk of the court randomly assign a Distric t Judge to this action. Also, RECOMMENDING that plaintiff's motions for injunctive relief #11 , #13 be denied. Motions #11 and #13 referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
April 16, 2021 Opinion or Order Filing 14 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge John A. Mendez and Magistrate Judge Kendall J. Newman. The new case number is: 2:21-cv-0572 JAM KJN (PC). (Plummer, M)
April 16, 2021 Opinion or Order SERVICE BY MAIL: #15 Order,, Findings and Recommendations (Motion), served on Francisco Merino. (Plummer, M)
April 12, 2021 Opinion or Order Filing 13 MOTION for TRANSFER by Francisco Merino. (Kaminski, H) Modified on 4/14/2021 (Plummer, M).
April 7, 2021 Opinion or Order Filing 12 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. (Rodriguez, E)
April 5, 2021 Opinion or Order Filing 11 MOTION for PRISON TRANSFER by Francisco Merino. (Coll, A) Modified on 4/7/2021 (Plummer, M).
April 2, 2021 Opinion or Order Filing 10 SUMMONS ISSUED as to *Gomez, Jeff Lynch, Navarro* with answer to complaint due within *21* days. Attorney *Francisco Merino AI-4722* *CALIFORNIA STATE PRISON, SACRAMENTO (290066)* *P.O. BOX 290066* *REPRESA, CA 95671-0066*. (Henshaw, R)
April 2, 2021 Opinion or Order Filing 9 ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 4/2/2021. Consent or Decline due by 5/6/2021. (Henshaw, R)
April 2, 2021 Opinion or Order Filing 8 DOCUMENT SERVED ELECTRONICALLY: #2 Motion to Proceed IFP served on CDCR. (Henshaw, R)
April 2, 2021 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2021 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Francisco Merino. 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)
April 2, 2021 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2021 GRANTING #2 Motion to Proceed IFP and FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendants: *Lynch*, *Gomez*,and *Navarro*. Operative Complaint, Summons, Notice of E-Service Waiver, Order re Consent and this Order served via email on CDCR. Plaintiff to pay the statutory filing fee of $350.00. All fees to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Attachments: #1 CDCR Notice of Waiver) (Henshaw, R)
April 2, 2021 Opinion or Order SERVICE BY MAIL: #6 Order and #7 Order Directing Prisoner Payment served on Francisco Merino. (Henshaw, R)
April 1, 2021 Opinion or Order Filing 5 PRISONER TRUST FUND ACCOUNT STATEMENT by Francisco Merino (Rodriguez, E)
March 31, 2021 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 Francisco Merino, CDC AI-4722 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 30, 2021 Opinion or Order Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *3/29/2021*; Consent or Decline due by 5/3/2021 (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Rodriguez, E)
March 30, 2021 Opinion or Order SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Francisco Merino. (Rodriguez, E)
March 29, 2021 Opinion or Order Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Francisco Merino. (Rodriguez, E)
March 29, 2021 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Gomez, Jeff Lynch, Navarro by Francisco Merino. (Attachments: #1 Civil Cover Sheet)(Rodriguez, E) (Main Document 1 replaced on 3/30/2021) (Rodriguez, E).

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Defendant: Jeff Lynch
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Defendant: Navarro
Represented By: Andrew James Whisnand
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Defendant: Gomez
Represented By: Andrew James Whisnand
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Defendant: J. Lynch
Represented By: Andrew James Whisnand
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Plaintiff: Francisco Merino
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