(PC) Smith v. Municipality of Fresno County et al
| 2:2021cv01992 |
| October 29, 2021 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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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
157
ORDER signed by District Judge Daniel J. Calabretta on 8/12/2024 ADOPTING 155 The Findings and Recommendations IN PART; This action is DISMISSED WITH PREJUDICE pursuant to FRCP 41(b). The pending Motions for Summary Judgment 135 , 144 are DENIED AS MOOT. The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)
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Filing
156
ORDER signed by District Judge Daniel J. Calabretta on 07/12/2024 DIRECTING Plaintiff to SHOW CAUSE within 14 days why this case shoud not be dismissed with prejudice. (Murphy, J)
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Filing
155
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/20/2024 RECOMMENDING that this action be dismissed without prejudice and that the 135 & 144 Motion for Summary Judgment be denied as moot. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served these Findings and Recommendations. (Clemente Licea, O)
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Filing
154
ORDER signed by Magistrate Judge Allison Claire on 03/26/24 ORDERING Plaintiff, within 21 days, to file either an Opposition or a Statement of Non-Opposition to the 135 Motion for Summary Judgment. (Benson, A.)
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Filing
150
ORDER signed by Magistrate Judge Allison Claire on 09/18/2023 DIRECTING plaintiff to file the following: a Notice of Change of Address with the court within 7 days and a Non-Prisoner IFP application and a proper response to defendants' 135 Motion for Summary Judgment within 30 days. Within 7 days from the date of this order, defendants shall serve plaintiff with a copy of their 135 Motion for Summary Judgment if they have not already done so. (Spichka, K.)
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Filing
149
ORDER signed by Magistrate Judge Allison Claire on 8/16/2023 DENYING plaintiff's 138 omnibus motion, and GRANTING in part plaintiff's 148 motion for an extension of time. The Clerk shall send plaintiff copies of the following: a. This court's ifp application for a non-prisoner; b. The Rand Notice included in defendants' motion for summary judgment (see ECF No. 135-1); c. Federal Rule of Civil Procedure 56; and d. Local Rules 230 and 260. Within 30 days, plaintiff sh all file: a. The completed ifp application by a non-prisoner, and b. Either an opposition to defendants' motion for summary judgment or a statement of non-opposition to the motion which complies with the Rand Notice and federal and local rules. (Yin, K)
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Filing
145
ORDER signed by Magistrate Judge Allison Claire on 06/06/2023 DIRECTING Plaintiff to file, within 30 days, a completed Motion to Proceed IFP by a non-prisoner and either an opposition to defendants' 135 Motion for Summary Judgment or a statem ent of non-opposition to the motion which complies with the Rand Notice and federal and local rules. Plaintiff's failure to fully and timely comply with this order in its entirety will result in a recommendation that this matter be dismissed for failure to comply with court orders. (Spichka, K.)
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Filing
137
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/20/2023 ADOPTING in FULL 122 Findings and Recommendations, and DENYING 120 Plaintiff's Petition for a Writ of Mandate. (Reader, L)
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Filing
136
ORDER signed by Magistrate Judge Allison Claire on 03/03/2023 DIRECTING the Plaintiff to file the in forma pauperis application for a non-prisoner and to SHOW CAUSE as to why the 135 Motion for Summary Judgment should not be granted within 30 days. (Spichka, K.)
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Filing
133
ORDER signed by Magistrate Judge Allison Claire on 1/11/2023 DENYING plaintiff's 127 motion for a change of venue, 128 motion to compel, and 132 motion for an extension of time. (Yin, K)
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130
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/22 ADOPTING in full 119 Findings and Recommendations. Plaintiff's 118 motion for disqualification is DENIED as unsupported as to the assigned United States District Judge. (Kastilahn, A)
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Filing
123
ORDER signed by Magistrate Judge Allison Claire on 11/03/22, LIFTING THE STAY of the 111 pretrial motion deadline. The discovery and scheduling order 88 is MODIFIED IN PART to extend the deadline for dispositive pretrial motions to January 20, 2023.(Plummer, M)
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Filing
119
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/19/22 DENYING 116 Request for Ruling, DENYING 117 Motion Regarding Discovery, DENYING 118 Motion for Disqualification, as to the undersigned United States Magistr ate Judge. It is further RECOMMENDED that the 118 Motion for Disqualification be denied, as to the assigned United States District Judge. Referred to Judge Kimberly J. Mueller. Objections due within 21 days after being served with these finding and recommendations. (Licea Chavez, V)
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Filing
114
ORDER signed by Magistrate Judge Allison Claire on 9/29/2022 GRANTING defendants' 113 motion for extension of time. The deadline to take plaintiff's deposition is hereby extended to 10/19/2022. All other portions of the Court's 9/21/2022, order will remain in full force and effect. (Yin, K)
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Filing
112
ORDER signed by Magistrate Judge Allison Claire on 9/26/22 DENYING 106 Request for status; Motion for the appointment of counsel; Motion for sanctions; Motion for a protective order; and Motion to compel with costs. In the future, plaintiff shall file unrelated motions separately. Plaintiff is warned that his failure to file his motions separately and/or to his failureto conform his filings to these Rules will result in documents being disregarded and returned to him. (Plummer, M)
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Filing
111
ORDER signed by Magistrate Judge Allison Claire on 9/21/2022 GRANTING defendants' 107 motion to compel plaintiff's deposition and their motion to stay the pretrial motions deadline. Within 21 days, plaintiff shall attend and cooperate fully in his deposition as required by Federal Rule of Civil Procedure 30. The pretrial motions deadline currently calendared for 9/30/2022 is hereby STAYED pending completion of plaintiff's deposition. Within one week of the conclusion of plaintiff's deposition, defense counsel shall file a notice with the court indicating that plaintiff's deposition has been completed. (Yin, K)
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Filing
105
ORDER signed by Magistrate Judge Allison Claire on 7/29/2022 GRANTING defendants' 104 ex parte application to modify the scheduling order. The scheduling order is modified as follows: The discovery cutoff is extended to 8/22/2022, for the purpose of allowing defendants to take plaintiff's deposition; and the deadline for defendants to file a motion to compel is extended to 8/29/2022. All other portions of the Scheduling Order will remain in full force and effect. (Yin, K)
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Filing
103
ORDER signed by Magistrate Judge Allison Claire on 7/26/2022 DENYING 102 Motion to Compel without prejudice. (Huang, H)
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Filing
101
ORDER signed by Magistrate Judge Allison Claire on 7/05/22 DISMISSING Municipality of Fresno County, Daniel Paramo, John Sutton, Debbie Asuncion and Fresno County Jail Staff pursuant to FRCP 41(a). The Clerk of Court shall update the case caption of the docket accordingly.(Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Allison Claire on 5/12/2022 DENYING 81 motion for a settlement conference; 83 , 86 , and 89 motions to change venue; and 94 request for production of documents. (Perdue, C.)
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Filing
77
ORDER DENYING 75 Motion for Change of Venue to District of Oregon; ORDER Transferring Case to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Erica P. Grosjean on 10/27/2021. New Case Number 2:21-cv-1992 KMJ-AC. (Flores, E)
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