Ernest v. Davis et al
Plaintiff: Ernest and Walter Dean Ernest
Defendant: Davis, Warden Ron Davis, D. Dorsey, M. Brodie, Milton, J. Thompson, J. Van Blarcom, C. Bass and B.A. Walls
Case Number: 3:2016cv03655
Filed: June 29, 2016
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: San Joaquin
Presiding Judge: William Alsup
Referring Judge: Laurel Beeler
2 Judge: PSLC JNE
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2022 Filing 53 Letter from Lawrence G. Hash. (ark, COURT STAFF) (Filed on 6/9/2022)
April 1, 2019 Opinion or Order Filing 52 ORDER of USCA re: Voluntary Dismissal (amgS, COURT STAFF) (Filed on 4/1/2019)
February 28, 2019 Opinion or Order Filing 51 ORDER of USCA (amgS, COURT STAFF) (Filed on 2/28/2019)
September 28, 2018 Filing 50 USCA Case Number 18-16821 USCA 9th Circuit for #49 Notice of Appeal filed by Walter Dean Ernest. (sxbS, COURT STAFF) (Filed on 9/28/2018)
September 19, 2018 Filing 49 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Walter Dean Ernest. Appeal of Order on Motion to Dismiss, Order on Motion for Summary Judgment #47 , Judgment #48 (Appeal fee FEE NOT PAID.) (sxbS, COURT STAFF) (Filed on 9/19/2018)
August 16, 2018 Filing 48 JUDGMENT. Signed by Judge William Alsup on 8/16/2018. (Attachments: #1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 8/16/2018)
August 16, 2018 Opinion or Order Filing 47 ORDER by Judge William Alsup granting #42 Motion to Dismiss; granting #42 Motion for Summary Judgment. (Attachments: #1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 8/16/2018)
April 16, 2018 Filing 46 REPLY (re #42 MOTION to Dismiss MOTION for Summary Judgment ) filed byC. Bass, Milton, J. Van Blarcom. (Quinn, Michael) (Filed on 4/16/2018)
April 9, 2018 Filing 45 OPPOSITION/RESPONSE (re #42 MOTION to Dismiss MOTION for Summary Judgment ) filed byWalter Dean Ernest. (Attachments: #1 Envelope)(sxbS, COURT STAFF) (Filed on 4/9/2018)
February 28, 2018 Opinion or Order Filing 44 ORDER by Judge William Alsup granting #43 Motion for Extension of Time to File Response/Reply re #42 MOTION to Dismiss MOTION for Summary Judgment . Opposition due by 4/5/2018. Reply brief due no later than 14 days after the opposition is filed. The deputy clerk hereby certifies that on 02/28/2018 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 2/28/2018)
February 20, 2018 Filing 43 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss MOTION for Summary Judgment filed by Walter Dean Ernest. (Attachments: #1 Envelope)(sxbS, COURT STAFF) (Filed on 2/20/2018)
January 16, 2018 Filing 42 MOTION to Dismiss , MOTION for Summary Judgment filed by C. Bass, Milton, J. Van Blarcom. Responses due by 2/13/2018. Replies due by 2/27/2018. (Attachments: #1 Request for Judicial Notice, #2 Declaration Michael J. Quinn, #3 Declaration S. Gates, #4 Declaration M. Voong, #5 Rand Notice, #6 Proposed Order Proposed Order)(Quinn, Michael) (Filed on 1/16/2018)
December 4, 2017 Opinion or Order Filing 41 Order by Judge William Alsup granting #39 Motion for Extension of Time to Change the Dispositive Motion Deadline. Defendants may file a summary judgment or other dispositive motion by 1/17/2018; plaintiff's opposition due 2/16/2018; replies due 3/2/2018. Absent further order, the motion will be submitted on 3/2/2018 without a hearing. (Attachments: #1 Certificate/Proof of Service) Dispositive Motion due by 1/17/2018.(afmS, COURT STAFF) (Filed on 12/4/2017)
November 16, 2017 Filing 39 MOTION for Extension of Time to File a Dispositive Motion filed by C. Bass, Milton, J. Van Blarcom. (Attachments: #1 Declaration Michael J. Quinn, #2 Proposed Order Proposed Order)(Quinn, Michael) (Filed on 11/16/2017)
November 13, 2017 Filing 40 SUMMONS Returned Executed by USMS. B.A. Walls served. (sxbS, COURT STAFF) (Filed on 11/13/2017)
November 8, 2017 Opinion or Order Filing 36 ORDER, Case reassigned to Judge William Alsup. Magistrate Judge Laurel Beeler no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 11/8/17. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 11/8/2017)
November 8, 2017 Filing 35 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (Attachments: #1 Certificate/Proof of Service) (ejkS, COURT STAFF) (Filed on 11/8/2017)
November 3, 2017 Filing 38 Summons Returned Unexecuted as to B.A. Walls. (farS, COURT STAFF) (Filed on 11/3/2017)
November 3, 2017 Filing 37 SUMMONS Returned Executed C. Bass served on 8/22/2017; Milton served on 8/22/2017; J. Van Blarcom served on 8/22/2017. (farS, COURT STAFF) (Filed on 11/3/2017) Modified on 11/9/2017 (sxbS, COURT STAFF).
November 3, 2017 Filing 34 SUMMONS Returned Executed by Walter Dean Ernest. B.A. Walls served on 10/18/2017. (farS, COURT STAFF) (Filed on 11/3/2017) Modified on 11/9/2017 (sxbS, COURT STAFF).
September 28, 2017 Filing 33 Acknowledgment of Receipt of Summons received from USMS. (farS, COURT STAFF) (Filed on 9/28/2017)
September 22, 2017 Opinion or Order Filing 32 Order by Judge Laurel Beeler denying #29 Requests for Sanctions, Discovery, and Counsel. The deputy clerk hereby certifies that on 09/22/2017, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing.(tmiS, COURT STAFF) (Filed on 9/22/2017)
September 21, 2017 Filing 31 Summons Issued as to B.A. Walls. (Attachments: #1 USM 285)(farS, COURT STAFF) (Filed on 9/21/2017)
September 11, 2017 Set Deadlines/Hearings: Consent/Declination due by 10/13/2017. (farS, COURT STAFF) (Filed on 9/11/2017)
September 11, 2017 Opinion or Order Filing 30 ORDER FOR SERVICE ON DEFENDANT WALLS, AND SETTING NEW BRIEFING SCHEDULE. Signed by Judge Laurel Beeler on 9/8/2017. (Attachments: #1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 9/11/2017)
August 31, 2017 Filing 29 RESPONSE to Defendants Motion for Waiver of Reply and Demand for Jury Trial and MOTION to Appoint Counsel filed by Walter Dean Ernest. (farS, COURT STAFF) (Filed on 8/31/2017)
August 25, 2017 Opinion or Order Filing 28 ORDER by Judge Laurel Beeler denying #25 Motion for Default Judgment, Requesting Plaintiff to Provide an Address for Unserved Defendant, and Vacating Briefing Schedule. (Attachments: #1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 8/25/2017)
August 8, 2017 Filing 27 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by C. Bass, Milton, J. Van Blarcom.. (Quinn, Michael) (Filed on 8/8/2017)
August 7, 2017 Filing 26 OPPOSITION/RESPONSE (re #25 MOTION to grant plaintiff submissions as fact of record ) filed byC. Bass, Milton, J. Van Blarcom. (Attachments: #1 Waiver of Reply and Demand for Jury Trial)(Quinn, Michael) (Filed on 8/7/2017)
July 28, 2017 Filing 25 MOTION to grant plaintiff submissions as fact of record filed by Walter Dean Ernest. Responses due by 8/25/2017. Replies due by 9/8/2017. (farS, COURT STAFF) (Filed on 7/28/2017)
July 28, 2017 Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. Van Blarcom.. (Quinn, Michael) (Filed on 7/28/2017)
July 20, 2017 Filing 23 NOTICE of Change of Address by Walter Dean Ernest (farS, COURT STAFF) (Filed on 7/20/2017)
July 19, 2017 Opinion or Order Filing 22 Order granting #21 Motion for Extension of Time to File. Signed by Magistrate Judge Laurel Beeler on 7/19/2017. (Attachments: #1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 7/19/2017)
July 19, 2017 Filing 21 MOTION for Extension of Time to File Defendant's Notice of Motion and Administrative Motion to Change Time to File a Dispositive Motion filed by J. Van Blarcom. (Attachments: #1 Declaration of Michael J. Quinn In Support of Defendant's Motion to Change Time to File a Dispositive Motion, #2 Proposed Order)(Quinn, Michael) (Filed on 7/19/2017)
May 25, 2017 Filing 20 NOTICE of Change of Address by Walter Dean Ernest (farS, COURT STAFF) (Filed on 5/25/2017)
May 15, 2017 Filing 19 Acknowledgment of Receipt received from USMS re summons. (farS, COURT STAFF) (Filed on 5/15/2017)
May 10, 2017 Filing 18 Summons Issued as to C. Bass, Milton, J. Van Blarcom, B.A. Walls. (Attachments: #1 USM 285, #2 USM 285, #3 USM 285, #4 USM 285)(farS, COURT STAFF) (Filed on 5/10/2017)
May 10, 2017 Mailed Order of Service and Partial Dismissal (Dkt. #16) to plaintiff at Calif. Men's Colony, P.O. Box 8103, San Luis Obispo, CA 93409-8103. Updated address in ECF (from P.O. Box 8101, the mailing address for prison staff).(ljf, COURT STAFF) (Filed on 5/10/2017)
May 5, 2017 Filing 17 NOTICE of Change of Address by Walter Dean Ernest (farS, COURT STAFF) (Filed on 5/5/2017)
May 2, 2017 Set/Reset Deadlines as to Responses due by 7/28/2017. Replies due by 8/11/2017. (farS, COURT STAFF) (Filed on 5/2/2017)
May 2, 2017 Opinion or Order Filing 16 ORDER OF SERVICE AND PARTIAL DISMISSAL signed by Judge Laurel Beeler on 5/2/2017. (Attachments: #1 Certificate/Proof of Service)(rxmS, COURT STAFF) (Filed on 5/2/2017)
April 24, 2017 Filing 15 MOTION to Appoint Counsel filed by Walter Dean Ernest. (farS, COURT STAFF) (Filed on 4/24/2017)
April 24, 2017 Filing 14 THIRD AMENDED COMPLAINT against M. Brodie, Ron Davis, D. Dorsey, Milton, J. Thompson, Vanblarcom, Walls. Filed byWalter Dean Ernest. (farS, COURT STAFF) (Filed on 4/24/2017)
March 20, 2017 Opinion or Order Filing 13 ORDER OF DISMISSAL WITH FURTHER LEAVE TO AMEND signed by Judge Laurel Beeler on 3/20/2017. The court dismisses the amended complaint with leave to amend. Mr. Ernest must file a second amended complaint no later than April 21, 2017, and it must include the caption and civil case number used in this order and the words SECOND AMENDED COMPLAINT on the first page. The second amended complaint will supersede existing pleadings and must be a complete statement of the claims, except that Mr. Ernest does not need to plea again any claim that the court dismissed without leave to amend. (Attachments: #1 Certificate/Proof of Service)(rxmS, COURT STAFF) (Filed on 3/20/2017)
December 1, 2016 Filing 12 FIRST AMENDED COMPLAINT against M. Brodie, Ron Davis, D. Dorsey, Milton, J. Thompson, Vanblarcom, Walls. Filed byWalter Dean Ernest. (Attachments: #1 Envelope)(farS, COURT STAFF) (Filed on 12/1/2016)
November 15, 2016 Opinion or Order Filing 11 ORDER FURTHER EXTENDING DEADLINE by Magistrate Judge Laurel Beeler: Granting #10 Motion for Extension of Time to File. (lsS, COURT STAFF) (Filed on 11/15/2016)
October 28, 2016 Filing 10 MOTION for Extension of Time to File filed by Walter Dean Ernest. (farS, COURT STAFF) (Filed on 10/28/2016)
October 27, 2016 Opinion or Order Filing 9 ORDER EXTENDING DEADLINE by Magistrate Judge Laurel Beeler Granting #8 Motion for Extension of Time to Amend. (lsS, COURT STAFF) (Filed on 10/27/2016)
October 13, 2016 Filing 8 MOTION for Extension of Time to Amend Complaint; Notice of Partial Change of Address; filed by Walter Dean Ernest. (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 10/13/2016)
September 9, 2016 Opinion or Order Filing 7 ORDER GRANTING IN FORMA PAUPERIS APPLICATION by Magistrate Judge Laurel Beeler: Granting [2, 5] Motion for Leave to Proceed in forma pauperis. (lsS, COURT STAFF) (Filed on 9/9/2016)
September 9, 2016 Opinion or Order Filing 6 ORDER OF DISMISSAL WITH LEAVE TO AMEND: Re #1 Complaint filed by Walter Dean Ernest. Signed by Magistrate Judge Laurel Beeler on 9/9/2016. (lsS, COURT STAFF) (Filed on 9/9/2016)
July 11, 2016 Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Walter Dean Ernest. (Attachments: #1 Envelope)(mclS, COURT STAFF) (Filed on 7/11/2016)
June 29, 2016 Filing 4 CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 8/8/2016. (farS, COURT STAFF) (Filed on 6/29/2016)
June 29, 2016 Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Walter Dean Ernest.. (farS, COURT STAFF) (Filed on 6/29/2016)
June 29, 2016 Filing 2 Prison Trust Fund Account Statement by Walter Dean Ernest. (farS, COURT STAFF) (Filed on 6/29/2016)
June 29, 2016 Filing 1 COMPLAINT against M. Brodie, Ron Davis, D. Dorsey, Milton, J. Thompson, Vanblarcom, Walls. Filed byWalter Dean Ernest. by 7/29/2016. (Attachments: #1 part 2, #2 part 3, #3 Envelope)(farS, COURT STAFF) (Filed on 6/29/2016)

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Defendant: Davis
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Defendant: Warden Ron Davis
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Defendant: D. Dorsey
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Defendant: M. Brodie
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Defendant: Milton
Represented By: Michael James Quinn
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Defendant: J. Thompson
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Defendant: J. Van Blarcom
Represented By: Michael James Quinn
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Defendant: C. Bass
Represented By: Michael James Quinn
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Defendant: B.A. Walls
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Plaintiff: Ernest
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Plaintiff: Walter Dean Ernest
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