Francis v. McKinney
| Ocean Maite Francis |
| Warden A. Dulgov and Warden Nancy McKinney |
| 3:2024cv01140 |
| February 26, 2024 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Kandis A Westmore |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 Transcript of Proceedings held on April 4, 2024, before Judge Vince Chhabria. Court Reporter Kendra Steppler, telephone number 406-489-3498. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #38 Transcript Order ) Release of Transcript Restriction set for 7/17/2024. (Related documents(s) #38 ) (Steppler, Kendra) (Filed on 4/18/2024) |
| Filing 42 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE 5/31/2024 CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/24/2024. Initial Case Management Conference set for 5/31/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 24, 2024, by no later than 12:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/17/2024) |
| Filing 41 TRANSCRIPT ORDER for proceedings held on 03/21/2024 before Judge Vince Chhabria for Court Reporter Ruth Ekhaus (rre, COURT STAFF) (Filed on 4/10/2024) |
Filing 40
Order by Judge Vince Chhabria granting #39 Stipulation Extending Deadline to File Amended Complaint. Amended Pleadings due by 5/10/2024. (bxs, COURT STAFF) (Filed on 4/10/2024)
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| Filing 39 STIPULATION WITH PROPOSED ORDER Extending Deadline to File Amended Complaint filed by Ocean Maite Francis. (Attachments: #1 Declaration Watlington, #2 Proposed Order)(Lauridsen, Robert) (Filed on 4/9/2024) |
| Filing 38 TRANSCRIPT ORDER for proceedings held on 04/04/2024 before Judge Vince Chhabria by Ocean Maite Francis, for Court Reporter Kendra Steppler. (Yu, Victor) (Filed on 4/8/2024) |
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Filing 37
ORDER GRANTING STIPULATION. Signed by Judge Vince Chhabria on 4/8/2024. (vclc3, COURT STAFF) (Filed on 4/8/2024)
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| Filing 36 Minute Entry for proceedings held before Judge Vince Chhabria: Status Conference/Motion Hearing re #31 MOTION for Temporary Restraining Order held on 4/4/2024. Oral arguments made and heard. Discussion held regarding plaintiff's birthing plan, mental health plan, and transfer to FCI Victorville. Parties stipulated to and the Court ordered the matter be converted to a Civil Rights action with the two defendants being the Bureau of Prisons and the Regional Director of the Bureau of Prisons. Parties indicated that while they have reached a stipulation, plaintiff continues to oppose the transfer. Ms. Francis sworn and examined by the Court. Stipulation to be submitted to the Court via email. Request to enjoin the Bureau of Prisons from making the transfer is denied for the reasons as stated on the record. Total Time in Court: 49 minutes. Court Reporter: Kendra Steppler. Plaintiff Attorney: Victor Yu, Lauren Kane, Brook Dooley. Defendant Attorney: Michael Keough (in-person), Abbie Cziok (via Zoom). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 4/4/2024) |
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Filing 35
Order by Judge Vince Chhabria granting #30 Administrative Motion to File Under Seal. (bxs, COURT STAFF) (Filed on 4/4/2024)
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| Filing 34 OPPOSITION/RESPONSE (re #31 Ex Parte Application MOTION for Temporary Restraining Order ) filed byNancy McKinney. (Attachments: #1 Declaration of Michael A. Keough, #2 Exhibit A to Keough Decl., #3 Exhibit B to Keough Decl., #4 Exhibit C to Keough Decl.)(Keough, Michael) (Filed on 4/3/2024) |
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Filing 33
Order for Response to TRO Application and Continuing Status Conference. Signed by Judge Vince Chhabria on 4/2/2024. (vclc3, COURT STAFF) (Filed on 4/2/2024)
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Filing 32
Order for Status Conference. Signed by Judge Vince Chhabria on 4/2/2024. (vclc3, COURT STAFF) (Filed on 4/2/2024)
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| Set/Reset Hearing re #33 Order: Status Conference reset to 4/4/2024 at 11:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 4/2/2024) |
| Filing 31 EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Ocean Maite Francis. (Attachments: #1 Declaration of Victor Yu, #2 Exhibit 1 - March 21 hearing tr., #3 Exhibit 2 - Email chain, #4 Exhibit 3 - REDACTED medical records, #5 Exhibit 4 - Inmate Handbook, #6 Exhibit 5 - Complaint, #7 Proposed Order)(Lauridsen, Robert) (Filed on 4/1/2024) |
| Filing 30 Administrative Motion to File Under Seal filed by Ocean Maite Francis. (Attachments: #1 Declaration of Lauren S. Kane, #2 Proposed Order, #3 Certificate/Proof of Service, #4 Unredacted Version of Ex. 3 to Yu Decl.)(Lauridsen, Robert) (Filed on 4/1/2024) |
| Filing 29 Transcript of Proceedings held on 3/25/2024, before Judge Vince Chhabria. Court Reporter/Transcriber Kelly Shainline, Official Court Reporter, telephone number (510)828-9404, kelly_shainline@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #27 Transcript Order ) Release of Transcript Restriction set for 7/1/2024. (Related documents(s) #27 ) (Shainline, Kelly) (Filed on 3/31/2024) |
| Filing 28 Acknowledgment of Receipt by United States Marshals of re #10 Summons and Form USM-285. (tn, COURT STAFF) (Filed on 3/28/2024) |
| Filing 27 TRANSCRIPT ORDER for proceedings held on 03/25/2024 before Judge Vince Chhabria by Ocean Maite Francis, for Court Reporter Kelly Shainline. (Yu, Victor) (Filed on 3/28/2024) |
| Filing 26 Transcript of Proceedings held on 03/21/2024, before Judge Vince Chhabria. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CSR No. 12219, telephone number (415)335-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #25 Transcript Order, #24 Transcript Order ) Release of Transcript Restriction set for 6/24/2024. (Related documents(s) #25 , #24 ) (rre, COURT STAFF) (Filed on 3/26/2024) |
| Filing 25 TRANSCRIPT ORDER for proceedings held on 03/21/2024 before Judge Vince Chhabria for Court Reporter Ruth Ekhaus (rre, COURT STAFF) (Filed on 3/26/2024) |
| Filing 24 TRANSCRIPT ORDER for proceedings held on 03/21/2024 before Judge Vince Chhabria by Ocean Maite Francis, for Court Reporter Ruth Ekhaus. (Yu, Victor) (Filed on 3/26/2024) |
| Filing 23 TRANSCRIPT ORDER for Future Trial with Daily Transcripts by Ocean Maite Francis. (Yu, Victor) (Filed on 3/26/2024) |
| Filing 22 Minute Entry for proceedings held before Judge Vince Chhabria: Status Conference held on 3/25/2024. Counsel indicated that since the last hearing there have been no further medical appointments, no plan on the lack of nutrition, and no further communication about a potential plan. A meeting/hearing pertaining to the issue of compassionate release is scheduled in Petitioner's criminal case in the District of Michigan. Court ordered the following: an OBGYN appointment take place this week and the Warden ensure that a female guard accompanies Ms. Francis for the purpose of that appointment. As long as Ms. Francis remains in-custody she is to receive an OBGYN appointment every other week where she is accompanied by a female guard. Ms. Francis is to be provided anti-nausea medicine. Discussion held regarding whether this matter should be converted to a 1983 action. Further discussions to be held at future status conferences. Status Conference set for 4/3/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Parties may file a stipulation to continue the status conference if there is no update and/or no further order is required from the Court. Total Time in Court: 13 minutes. Court Reporter: Kelly Shainline. Plaintiff Attorney: Adam Lauridsen, Victor Yu, Lauren Kane, Jacquie Andreano, Ellen Watlington. Defendant Attorney: Michael Keough (in-person), Mark Smith and Abbie Cziok (via Zoom). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 3/25/2024) |
| Filing 21 NOTICE of Appearance by Victor H. Yu (Yu, Victor) (Filed on 3/25/2024) |
| Filing 20 NOTICE of Appearance by Ellen Watlington (Watlington, Ellen) (Filed on 3/25/2024) |
| Filing 19 NOTICE of Appearance by Jacquie Andreano (Andreano, Jacquie) (Filed on 3/25/2024) |
| Filing 18 NOTICE of Appearance by Robert Adam Lauridsen (Lauridsen, Robert) (Filed on 3/25/2024) |
| Filing 17 NOTICE of Appearance by Lauren Suzanne Kane (Kane, Lauren) (Filed on 3/25/2024) |
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Filing 16
ORDER FOR STATUS CONFERENCE. Signed by Judge Vince Chhabria on 3/22/2024. (vclc3, COURT STAFF) (Filed on 3/22/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 15 Minute Entry for proceedings held before Judge Vince Chhabria: Status Conference held on 3/21/2024. Court heard from Monte Wilson (Health Services Administrator), Robert France (Counsel for the Federal Bureau of Prisons), and Kara Janssen (Class counsel in 23-cv-4155 YGR, California Coalition for Women Prisoners, et. al., v. United States, et. al.). Court ordered the document provided by Mr. France in open court to be filed under seal. Court to issue order appointing pro bono counsel for Ms. Francis. Further Status Conference set for 3/25/2024 at 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Mr. Smith and Ms. Cziok are permitted to appear via Zoom. Total Time in Court: 32 minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: Ocean Francis (Pro Se). Defendant Attorney: Michael Keough (in-person), Mark Smith and Abbie Cziok (via Zoom). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 3/21/2024) |
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Filing 14
ORDER APPOINTING PRO BONO COUNSEL. Signed by Judge Vince Chhabria on 3/21/2024. (vclc3, COURT STAFF) (Filed on 3/21/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 12
Order by Judge Vince Chhabria granting #11 Administrative Motion re Remote Appearance. (bxs, COURT STAFF) (Filed on 3/20/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 11 ADMINISTRATIVE MOTION for Remote Appearance re #7 Order,, Set Deadlines/Hearings, filed by Nancy McKinney. Responses due by 3/25/2024. (Attachments: #1 Declaration of Mark Smith, #2 Proposed Order)(Smith, Mark) (Filed on 3/20/2024) |
| Filing 10 Summons Issued as to Nancy McKinney. (Attachments: #1 USM-285 form)(slh, COURT STAFF) (Filed on 3/20/2024) |
| Filing 9 CLERK'S NOTICE SCHEDULING IN-PERSON STATUS CONFERENCE. Status Conference set for 3/21/2024 at 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 3/20/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 8 **FILED IN ERROR, PLEASE DISREGARD** CLERK'S NOTICE CONVERTING IN-PERSON STATUS CONFERENCE TO ZOOM. Status Conference set for 3/21/2024 at 02:00 PM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/20/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 3/20/2024 (bxs, COURT STAFF). |
| Service packet delivered to the U.S. Marshals Post Box in the Clerks Office mailroom. (slh, COURT STAFF) (Filed on 3/20/2024) |
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Filing 7
ORDER OF SERVICE AND FOR STATUS CONFERENCE. Signed by Judge Vince Chhabria on 3/19/2024. Status Conference set for 3/21/2024 at 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 3/19/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 5
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge The Clerk on 3/18/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(wsm, COURT STAFF) (Filed on 3/18/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 4
ORDER Directing Clerk to Reassign Case. (wft, COURT STAFF) (Filed on 3/15/2024) Modified on 3/18/2024 (ljf, COURT STAFF).Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ocean Maite Francis. (Attachments: #1 Envelope)(slh, COURT STAFF) (Filed on 3/11/2024) |
| Filing 3 Notice of Assignment of Prisoner Case to Magistrate Judge. (slh, COURT STAFF) (Filed on 2/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 2 CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 4/4/2024. (slh, COURT STAFF) (Filed on 2/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee: due). Filed by Ocean Maite Francis. (Attachments: #1 Envelope)(slh, COURT STAFF) (Filed on 2/26/2024) |
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