(PC) Theodora Medley v. S. Pfitzer et al
| Theodore Medley |
| S. Pfitzer, Yashadora Rao, S. Aref, K. Atkins, A. Hall, H. Drey, S. Moore, Ronwald Vincinono, Kathleen Alison, McKensie, Galen Church, Jane or John Doe, Elizbeth Webb Beyer, S. Minor, Nagabhushana Malakkla, Suresh Hosuru, McCarthy, Ronwald Vicencio, Kathleen Allison, Robert Burton and Melanie Henrey |
| 2:2022cv00227 |
| February 3, 2022 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Troy L Nunley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 80 REQUEST for review by Theodore Medley. (Kaminski, H) |
| Filing 79 USCA ORDER as to #70 Notice of Appeal filed by Theodore Medley. The Appeal is DISMISSED. (Huang, H) |
| Filing 78 MOTION to PROCEED IN FORMA PAUPERIS by Theodore Medley. (Kaminski, H) Modified on 3/23/2022 (Plummer, M). |
| Filing 77 REQUEST for copies by Theodore Medley. (Kaminski, H)(Response sent: "The Clerk's Office will provide copies of documents and of the docket sheet at $0.50 per page.") Modified on 3/23/2022 (Plummer, M). |
| SERVICE BY MAIL: #75 Appeal Processed to USCA served on Theodore Medley. (Coll, A) |
| Filing 76 NOTICE of APPEAL by Theodore Medley as to #72 Order Dismissing Case with Leave to Amend. (Coll, A) |
| Filing 75 APPEAL PROCESSED to Ninth Circuit re #76 Notice of Appeal filed by Theodore Medley. Notice of Appeal filed *2/22/2022*, Complaint filed *3/23/2021* and Appealed Order / Judgment filed *2/11/2022*. ** *Fee Status: IFP Granted on 4/19/2021* (Attachments: #1 Appeal Information) (Coll, A) |
| Filing 74 MOTION to PROCEED IN FORMA PAUPERIS by Theodore Medley. (Coll, A) |
| Filing 73 USCA CASE NUMBER 22-15218 for #70 Notice of Appeal filed by Theodore Medley. (Coll, A) |
Filing 72
ORDER signed by Magistrate Judge Deborah Barnes on 2/11/2022 GRANTING defendants' #67 motion for screening and extension of time and DISMISSING plaintiff's #10 First Amended Complaint and #60 supplemental pleadings with leave to amend. The deadline for defendants to file a response to the complaint is VACATED. Plaintiff has 60 days to file a Second Amended Complaint in accordance with this order. The Clerk shall send plaintiff a prisoner complaint form. (Yin, K)
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| Filing 71 APPEAL PROCESSED to Ninth Circuit re #70 Notice of Appeal filed by Theodore Medley. Notice of Appeal filed *2/10/2022*, Complaint filed *3/23/2021* and Appealed Order / Judgment filed *2/3/2022*. ** *Fee Status: IFP Granted on 4/19/2021* (Attachments: #1 Appeal Information) (Coll, A) |
| Filing 69 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley and Magistrate Judge Deborah Barnes. The new case number is: 2:22-cv-227-TLN-DB. (Coll, A) |
| SERVICE BY MAIL: 69 Clerk's Notice Reassigning Case & #71 Appeal Processed to USCA served on Theodore Medley. (Coll, A) |
| SERVICE BY MAIL: #72 Order and 1983 form served on Theodore Medley. (Yin, K) |
| Filing 70 NOTICE of APPEAL by Theodore Medley as to #64 Order Transferring Case. (Coll, A) |
| Filing 68 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. (Coll, A) |
| Filing 67 DEFENDANTS' MOTION for SCREENING ORDER and EXTENSION of TIME to File Responsive Pleading by defendants. (Attachments: #1 Proposed Order)(Corso, Anthony) |
| Filing 66 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/10/2022. (Attachments: #1 Consent Form) (Flores, E) |
| Filing 65 CASE TRANSFERRED IN from District of California Central; Case Number 5:21-cv-00545. |
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Filing 64
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge Margo A. Rocconi: Accordingly, Defendants' Motion to Dismiss is DENIED, but the Motion to Transfer is GRANTED. IT IS THEREFORE ORDERED that this action is hereby transferred to the United States District Court for the Eastern District of California. The Clerk shall effect such transfer and notify Plaintiff. (MD JS-6. Case Terminated) (es) [Transferred from cacd on 2/3/2022.] Modified on 2/4/2022 (Plummer, M).
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| SERVICE BY MAIL: #66 Prisoner New Case Documents for Magistrate Judge as Presider served on Theodore Medley. (Flores, E) |
| Filing 63 NOTICE OF MOTION AND MOTION to Dismiss First Amended and Supplemental Complaints Without Prejudice or to Transfer Case for Improper Venue Under Federal Rule 12(b)(3) and 28 U.S.C Sections 84, 1406(A), and 1404(a) filed by Defendants Kathleen Allison(Secretary, official capacity), Robert Burton(Warden Acting CHCF, individual capacity), Galen Church(D.O. C.P.S. B yard, official capacity ), Melanie Henrey(RND CHCF, official capacity), Suresh Hosuru(M.D., individual capacity), Nagabhushana Malakkla(M.D. C.P.S. CHCF, individual capacity), S. Minor(PhD Executive Director, individual capacity), S. Pfitzer(Hospital Administrator at CHCF Stockton, individual ), Ronwald Vicencio(RND, CHCF, individual capacity). (Attachments: #1 Defendants' Motion to Dismiss First Amended and Supplemental Complaints Without Prejudice or to Transfer Case for Improper Venue Under Federal Rule 12(b)(3) and 28 U.S.C Sections 84, 1406(A), and 1404(a), #2 Proposed Order Granting Defendants' Motion to Dismiss First Amended and Supplemental Complaints Under Fed. R. CIV. P. 12(b)(3)) (Attorney Anthony Nicholas Corso added to party Kathleen Allison(pty:dft), Attorney Anthony Nicholas Corso added to party Robert Burton(pty:dft), Attorney Anthony Nicholas Corso added to party Galen Church(pty:dft), Attorney Anthony Nicholas Corso added to party Melanie Henrey(pty:dft), Attorney Anthony Nicholas Corso added to party Suresh Hosuru(pty:dft), Attorney Anthony Nicholas Corso added to party Nagabhushana Malakkla(pty:dft), Attorney Anthony Nicholas Corso added to party S. Minor(pty:dft), Attorney Anthony Nicholas Corso added to party S. Pfitzer(pty:dft), Attorney Anthony Nicholas Corso added to party Ronwald Vicencio(pty:dft)) (Corso, Anthony) [Transferred from cacd on 2/3/2022.] |
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Filing 62
MINUTES (In Chambers) ORDER RE: SUPPLEMENTAL PLEADING, DKT. #60 , AND MOTION FOR CLARIFICATION, DKT. #61 by Magistrate Judge Margo A. Rocconi: On January 21, 2021, Plaintiff filed a Motion for Clarification ("Motion") and a civil rights complaint. Dkts. 60, 61. In their Motion, Plaintiff clarified that they did not want to file a Second Amended Complaint, but rather wished to start a separate civil rights action relating to events that have occurred since April 23, 2021. Dkts. 61 at 13. However, the complaint Plaintiff filed names several of the same Defendants as the operative complaint in the instant action, and appears to allege obstruction of access to the courts relating to Plaintiff's litigation in both the instant action and their previously dismissed complaint. Dkt. 61 at 513. Furthermore, Plaintiff has not attached an application to proceed in forma pauperis or the filing fee. Currently, Defendants' Answers are due on different dates between January 31, 2022 and February 3, 2022. Defendants are granted an extension of time, until March 3, 2022, so that they can respond to the Supplemental Pleading as well as the First Amended Complaint. Plaintiff need not respond or file anything with the Court at this time. re: #60 Supplemental Pleading, Denying #61 MOTION for Clarification. [See document for further details.] (es) [Transferred from cacd on 2/3/2022.]
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| Filing 61 MOTION for Clarification filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 60 SUPPLEMENT PLEADING #10 filed by Plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 59 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Ronwald Vicencio(RND CHCF, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 58 PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Amended Complaint, for McCarthy(M.D. Psychatrist, individual capacity). (es) [Transferred from cacd on 2/3/2022.] |
| Filing 57 PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Amended Complaint, for McCarthy(M.D. Psychatrist, individual capacity). (es) [Transferred from cacd on 2/3/2022.] |
| Filing 56 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Galen Church(D.O. C.P.S. B yard, individual capacity ) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 55 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Galen Church(D.O. C.P.S. B yard, official capacity ) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 54 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Kathleen Alison(Secretary of CDCR, individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 53 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Kathleen Alison(Secretary of CDCR, official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 52 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Nagabhushana Malakkla(M.D. C.P.S. Byard CHCF, official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 51 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Nagabhushana Malakkla(M.D. C.P.S. CHCF, individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 50 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Robert Burton(Warden Acting CHCF, official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 49 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Robert Burton(Warden Acting CHCF, individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 48 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Suresh Hosuru(M.D., official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 47 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Suresh Hosuru(M.D., individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 46 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Melanie Henrey(RND CHCF, individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 45 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon Melanie Henrey(RND CHCF, official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 44 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon S. Minor(PhD Executive Director, official capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 43 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon S. Minor(PhD Executive Director, individual capacity) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 42 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley. upon S. Pfitzer(Hospital Administrator at CHCF Stockton, official) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 41 WAIVER OF SERVICE Returned Executed filed by plaintiff Theodore Medley, upon S. Pfitzer(Hospital Administrator at CHCF Stockton, individual ) waiver sent by Plaintiff on 11/30/2021, answer due 1/31/2022. Waiver of Service signed by Anthony N. Corso, Attorney for Defendant. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 40 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint,upon S. Pfitzer(Hospital Administrator at CHCF Stockton, official capacity ) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 39 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon S. Pfitzer(Hospital Administrator at CHCF Stockton, individual ) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 38 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon S. Minor(Ph D Executive Director, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 37 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon S. Minor(Ph D Executive Director, official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 36 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, Melanie Henrey(RND CHCF, official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 35 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Melanie Henrey(RND CHCF, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 34 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Suresh Hosuru(M.D., official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 33 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Suresh Hosuru(M.D., official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 32 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Robert Burton, official capacity served on 1/13/2022, answer due 2/3/2022 served by legal evidence of service service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 31 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Robert Burton(Warden Acting CHCF, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 30 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, served upon Nagabhushana Malakkla, official capacity, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 29 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Nagabhushana Malakkla(M.D. C.P.S. CHCF, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 28 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Kathleen Allison(Secretary, individual capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 27 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Kathleen Alison(Secretary of CDCR, official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 26 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, upon Ronwald Vicencio(RND CHCF, official capacity) served on 1/13/2022, answer due 2/3/2022, served by legal evidence of service, by Federal statute. Remarks: Received waiver. (es) [Transferred from cacd on 2/3/2022.] |
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Filing 25
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Ex Parte ADA submitted by Plaintiff Theodore Medley received on 12/20/2021 is not to be filed but instead rejected. Denial based on: Unclear what relief Plaintiff seeks. It appears to be similar to Dkt. #22 and Dkt. #23 . (es) [Transferred from cacd on 2/3/2022.]
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Filing 24
MINUTES (In Chambers) ORDER RE: MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, DKT. #22 by Magistrate Judge Margo A. Rocconi: On December 20, 2021, Plaintiff filed a Motion for Leave to File Amended Complaint ("Motion"). ECF Docket No. ("Dkt.") #22 . On January 4, 2022, Plaintiff filed an "Ex Parte Application" that appears to relate to the Motion. Dkt. #23 . Plaintiff should file the Second Amended Complaint within twenty-one (21) days of this Order, by January 27, 2022. Defendants need not respond to the First Amended Complaint until Plaintiff has either filed the Second Amended Complaint or indicated that they want to proceed without amending. Granting #22 MOTION for Leave to File Amended Complaint; Denying #23 Ex Parte Application. [See document for further details.] (es) [Transferred from cacd on 2/3/2022.]
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| Filing 23 EX PARTE APPLICATION filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 22 MOTION for Leave to File Amended Complaint filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 21 PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Amended Complaint, for Elizbeth Webb Beyer(RH CHCF, individual capacity). Per CDCR, they are not showing a Elizabeth Webb Beyer as a Employee, so they are not accepting process for her. I have attached email. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 20 PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Amended Complaint, for Elizbeth Webb Beyer(RN CHCF, official capacity). Per CDCR they are not showing a Elizabeth Webb Beyer as a employee, so they are not accepting process and I have proff on email. (es) [Transferred from cacd on 2/3/2022.] |
| Filing 19 Text Only Entry Mailed USM: Order re Service of Process by United States Marshal, 20 USM-285 forms (individually and official capacity), Order Directing Service of Process by U.S. Marshal, Summons', FAC, Dkts. 10, 11. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY [Transferred from cacd on 2/3/2022.] |
| Filing 18 Text Only Entry re Order on Motion for Order, #16 Mailed to the Legal Dept at the California Men's Colony, P.O. Box 8101, San Luis Obispo, CA 93409-8101. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY [Transferred from cacd on 2/3/2022.] |
| Filing 17 21 DAY Summons Issued re Amended Complaint, as to Defendant(s) Kathleen Allison(Secretary, official capacity), Kathleen Allison(Secretary, individual capacity), Elizbeth Webb Beyer(RH CHCF, individual capacity), Elizbeth Webb Beyer(RN CHCF, official capacity), Robert Burton(Warden Acting CHCF, individual capacity), Robert Burton(Warden, Acting CHCF, official capacity), Melanie Henrey(RND CHCF, official capacity), Melanie Henrey(RND CHCF, individual capacity), Suresh Hosuru(M.D., individual capacity), Suresh Hosuru(M.D., official capacity), Nagabhushana Malakkla(M.D. C.P.S. CHCF, individual capacity), Nagabhushana Malakkla(M.D. C.P.S. Byard CHCF, individual capacity), McCarthy(M.D. Psychiatrist, official capacity), McCarthy(M.D. Psychatrist, individual capacity), S. Minor(PhD Executive Director, individual capacity), S. Minor(Ph D Executive Director, official capacity), S. Pfitzer(Hospital Administrator at CHCF Stockton, individual ), S. Pfitzer(Hospital Administrator at CHCF Stockton, official capacity ), Ronwald Vicencio(RND, CHCF, individual capacity), Ronwald Vicencio(RND CHCF, official capacity). (es) [Transferred from cacd on 2/3/2022.] |
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Filing 16
ORDER RE: SERVICE OF PROCESS BY UNITED STATES MARSHAL, EX PARTE APPLICATION, DKT. #13 by Magistrate Judge Margo A. Rocconi: 1. The United States Marshal is ordered to serve the summons and First Amended Complaint ("FAC"), Dkts. #10 ; #11 , as indicated on the concurrently filed Order Directing Service of Process by the United States Marshal ("Service Order"). Granting #13 EX PARTE APPLICATION for Order. [See document for further details.] (es) [Transferred from cacd on 2/3/2022.]
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Filing 15
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Margo A. Rocconi, re NOTICE OF MOTION AND MOTION for Order #10 , Amended Complaint. [See document for details.] (es) [Transferred from cacd on 2/3/2022.]
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Filing 14
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Margo A. Rocconi. re NOTICE OF MOTION AND MOTION for Order #10 , Amended Complaint. [See document for details] (es) [Transferred from cacd on 2/3/2022.]
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| Filing 13 Ex Parte Application to File Request for ADA Assistance and Possible Bifurcation of Action filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
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Filing 12
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Declaration in Support of Request To Proceed In Forma Pauperis submitted by Plaintiff Theodore Medley received on 8/23/2021 is not to be filed but instead rejected. Denial based on: Request for Leave to Proceed IFP granted. See ECF #4 . (es) [Transferred from cacd on 2/3/2022.]
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Filing 11
MINUTES (In Chambers) ORDER RE: DKTS. #9 , #10 ; REFERRING CASE TO THE COURT'S CIVIL RIGHTS PANEL WITH A REQUEST FOR APPOINTMENT OF COUNSEL by Magistrate Judge Margo A. Rocconi: On May 11, 2021, this Court dismissed the instant Complaint with leave to amend. Dkt. #6 . On May 30, 2021, Plaintiff filed a request for an extension of time to file a First Amended Complaint ("FAC"), which the Court granted. Dkts. #7 , #8 . Plaintiff's FAC was due on or before July 9, 2021. Dkt. #8 . Plaintiff has since filed two (2) documents in this case. Plaintiff refers to multiple issues across her different actions before this Court, thus, it is not clear what relief Plaintiff is seeking through the Ex Parte Application. Accordingly, the Ex Parte Application is DENIED without prejudice. #9 On August 16, 2021, Plaintiff constructively filed what appears to be either a new civil action complaint ("New Complaint"), or Plaintiff's FAC in current action. Dkt. #10 . Because the New Complaint appears to be factually related to the instant Complaint, and because Plaintiff is litigating several actions pro se, the Court construes the New Complaint as the FAC in the instant action. For the reasons stated below, the Court concludes that it is in the interest of justice to refer this case to the Court's Civil Rights Panel with a request that it attempt to secure counsel to represent Plaintiff. [See document for further details.] (es) [Transferred from cacd on 2/3/2022.]
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| [DUPLICATE ENTRY TO FIRST AMENDED COMPLAINT ENTRY NO. #10 ] FIRST AMENDED COMPLAINT against defendants Galen Church(D.O. C.P.S. B yard, official capacity ), Galen Church(D.O. C.P.S. B yard, individual ), Elizbeth Webb Beyer, Elizbeth Webb Beyer, S. Minor, S. Minor, Nagabhushana Malakkla, Nagabhushana Malakkla, Suresh Hosuru, Suresh Hosuru, McCarthy, McCarthy, Ronwald Vicencio, Ronwald Vicencio, Kathleen Allison, Kathleen Allison, Robert Burton, Robert Burton, Melanie Henrey, Melanie Henrey; Party S. Aref (C.E.O. M.D. Chief Executive Officer at CHCF Stockton, individual ), S. Aref (C.E.O. M.D. Chief Executive Officer at CHCF Stockton, official cpacity), K. Atkins (Chief Psychiatrist, M.D. at CHCF, individual ), K. Atkins (Chief Psychiatrist, M.D. at CHCF, official capacity), H. Drey (PHD prior primary clinician chef, individual ), H. Drey (PHD prior primary clinician chef, official capacity), A. Hall (psyd senior Developmental Disability Mental Health person CHCF, official capacity), A. Hall (psyd senior Developmental Disability Mental Health person CHCF, individual ), Jane or John Doe, McKensie (PHD PIP CDCR, official capacity), McKensie (PHD PIP CDCR, individual ), S. Moore (PHD senior supervisor (prior), official capacity), S. Moore (PHD senior supervisor (prior), individual ), S. Pfitzer (Hospital Administrator at CHCF Stockton, official capacity ), S. Pfitzer (Hospital Administrator at CHCF Stockton, individual ), Yashadora Rao (MBBSMHA, PsyD at CHCF Stockton, individual ), Yashadora Rao (MBBSMHA, PsyD at CHCF Stockton, official capacity ), Ronwald Vincinono (Registered Dietician CHCF, official capacity), Kathleen Alison (Secretary of CDCR, official capacity) and Kathleen Alison (Secretary of CDCR, individual ) terminated amending Complaint (Prisoner Civil Rights) #1 , filed by plaintiff Theodore Medley(es) [Transferred from cacd on 2/3/2022.] |
| Filing 10 [FIRST AMENDED COMPLAINT SEE IN CHAMBERS ORDER DKT. #11 ] Ex Parte MOTION filed by plaintiff Theodore Medley. (es) Modified on 9/2/2021 (es). [Transferred from cacd on 2/3/2022.] |
| Filing 9 EX PARTE APPLICATION filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
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Filing 8
MINUTES (In Chambers) ORDER GRANTING PLAINTIFF'S REQUEST FOR AN EXTENSION OF TO FILE A FIRST AMENDED COMPLAINT #7 by Magistrate Judge Margo A. Rocconi. Plaintiff shall file an Amended Complaint on or before July 9, 2021. (lom) [Transferred from cacd on 2/3/2022.]
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| Filing 7 MOTION for Leave to File Amended Complaint Due to Substantive Adversarial Conditions filed by plaintiff Theodore Medley. (es) [Transferred from cacd on 2/3/2022.] |
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Filing 6
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Margo A. Rocconi: IT IS ORDERED THAT by June 2, 2021, Plaintiff must choose one of the following three options: 1. Plaintiff may file a First Amended Complaint to attempt to cure the deficiencies discussed above. 2. Alternatively, Plaintiff may file a notice with the Court that they intend to stand on the allegations in their Complaint. 3. Finally, Plaintiff may voluntarily dismiss the action without prejudice, pursuant to Federal Rule of Civil Procedure 41(a). [See document for details and deadlines.] (es) [Transferred from cacd on 2/3/2022.]
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Filing 5
INITIAL CIVIL RIGHTS CASE ORDER by Magistrate Judge Margo A. Rocconi. Plaintiff is advised that the Court is screening the complaint in this action pursuant to 28 U.S.C. 1915(e)(2). Until the complaint has been screened and the Court orders that service of process may occur, Plaintiff may not proceed with service of process upon defendants. If the Court determines that the complaint may be served upon defendants, the Court will provide Plaintiff with instructions regarding service of process in a separate order. [See document for details.] (es) [Transferred from cacd on 2/3/2022.]
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Filing 4
ORDER by Magistrate Judge Margo A. Rocconi: Granting #2 REQUEST for Leave to Proceed in Forma Pauperis. (es) [Transferred from cacd on 2/3/2022.]
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge David O. Carter and referred to Magistrate Judge Margo A. Rocconi. (car) [Transferred from cacd on 2/3/2022.] |
| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner filed by Plaintiff Theodora Medley. (car) [Transferred from cacd on 2/3/2022.] |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants pursuant to 42 U.S.C. 1983. Case assigned to Judge David O. Carter and referred to Magistrate Judge Margo A. Rocconi, filed by Plaintiff Theodora Medley. (car) [Transferred from cacd on 2/3/2022.] |
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