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02-2524 - (PC) McNeal v. Fleming, et al


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02-2524 - (PC) McNeal v. Fleming, et al
May 9, 2005
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ORDER: 42 43 44 plaintiff's 09/02/04 and 09/07/04 discovery motions are DENIED as untimely; 45 plaintiff's 09/09/04 motion to reopen discovery is DENIED; 46 plaintiff's 09/15/04 pretrial motion is DENIED; 55 plaintiff's 10/25/04 motion for attendance of witness is DENIED without prejudice; 59 plaintiff's 11/22/04 motion to postpone is DENIED; 62 plaintiff's 03/04/05 motion for leave to file opposition ot defendants' summary judgment motion is GRANTED; 63 plaintiff's 03/07/05 motion for a copy of defendants' summary judgment motion is GRANTED; 64 plaintiff's 03/16/05 motion for a 60 day extension of time to conduct discovery is DENIED; within 5 days from the date of this order, defendants shall reserve their 09/16/04 motion for summary judgment; plaintiff is granted 45 days from the date of this order to file and serve a substantive opposition to defendants' motion for summary judgment; signed by Judge John F. Moulds on 05/06/05. (Kirkpatrick, S) Modified on 5/9/2005 (Kirkpatrick, S).
June 6, 2005
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ORDER signed by Judge John F. Moulds on 6/3/05 ORDERING: Pltf's MOTION to APPOINT COUNSEL is DENIED 67, Pltf's Motion for court order requiring Dfts to provide a copy of his deposition is DENIED 68. Motions terminated. (Sherman, T)
June 6, 2005
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ORDER signed by Judge John F. Moulds on 6/3/05 ORDER: W/in 5 days Dfts. shall file a cert. of service attesting to compliance of 5/9/05 order. (Sherman, T)
July 28, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 7/27/05 RECOMMENDING the Defendant's 47 Motion for Summary Judgment be denied and this case be referred back to the magistrate judge for further orders. Referred to Judge Morrison C. England. (Sherman, T) Modified on 7/28/2005 (Sherman, T).
August 31, 2005
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ORDER signed by Judge John F. Moulds on 8/29/05 ORDERING Plaintiff's 79 Fifth Request for Appointment of Counsel is DENIED. (Sherman, T)
September 7, 2005
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(Girgis, C)ORDER signed by Judge Morrison C. England Jr. on 9/7/05 ORDERING F/R's filed 7/28/05 77 are ADOPTED in full. Dfts' 9/16/04 motion for summary judgment 47 is DENIED. This case is referred back to the magistrate judge for further orders.
January 23, 2006
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ORDER signed by Judge John F. Moulds on 01/23/06 ORDERING that this matter is set for telephonic hearing on 2/2/2006 at 11:30 AM. Counsel for defendants shall make all necessary arrangements for plaintiff's participation in the telephonic hearing and shall place the conference call to the chambers of Judge John F. Moulds at the time set in this order. (Mena-Sanchez, L)
February 17, 2006
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ORDER signed by Judge John F. Moulds on 2/17/06 ORDERING Pltf's 1/31/06 motion for appointment of counsel 97 is DENIED. (Girgis, C)
March 27, 2006
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ORDER signed by Judge Morrison C. England Jr. on 3/24/06 GRANTING Dfts' Request 110 and the Trial Date is RESET for 2/7/2007 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr. (Krueger, M)
April 27, 2007
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ORDER signed by Judge Morrison C. England Jr. on 4/27/07 ORDERING that 105 Exhibit List filed by pltf is substituted in place of the exhibit list for pltf in the 99 Amended Pretrial Order; dfts' 102 request for modification of the amended pretrial order is GRANTED in part and DENIED in part, dfts' request to modify the description of exhibit F is GRANTED, dfts' objection to order authorizing the attendance of inmate Alvis Garrison as a witness is OVERRULED; pltf's 108 request for modification of the ameded pretrial order is DENIED; pltf's 112, 114, 118 requests to reopen discovery are DENIED; pltf's 113, 117 requests for issuance of writs of habeas corpus ad testificandum for trial are DENIED as unnecessary; pltf's 115 request for an extension of time to exchange exhibits is GRANTED, parties to exchange exhibits no later than 45 days before the date set for jury trial; pltf's 119 request to add two exhibits is DENIED w/out prejudice to its renewal, as appropriate, by motion in limine filed 14 days before the date for trial; pltf's 119 request for appointment of counsel is DENIED. (Yin, K)
June 28, 2007
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ORDER signed by Judge Morrison C. England Jr. on 6/27/07 ORDERING that the 124 Proposed Order to Continue the Trial Date is DENIED; and the Trial will remain on calendar for 10/15/07.(Kastilahn, A)
August 8, 2007
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ORDER 129 for continuance signed by Judge Morrison C. England Jr. on 8/8/07. Trial currently set for 10/15/07 is VACATED and RE-SET for 2/4/08 at 9:00 AM. (Marciel, M)
December 21, 2007
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ORDER signed by Judge Morrison C. England Jr. on 12/20/07 ORDERING that plaintiff's May 21, 2007request 125 is therefore again DENIED without prejudice, as is a subsequent December 12, 2007 request 135 to add yet another exhibit. The Court will allow Plaintiff to properly renew his request to add exhibits in a motion in limine filed fourteen (14) days in advance of the date set for trial. Finally, on October 26, 2007, Plaintiff requested that the Court provide him with jury instructions and verdict forms. This request 134 is also DENIED. Parties must obtain and submit their own jury instructions and verdict forms. (Duong, D)
January 7, 2008
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ORDER & WRIT OF HC AD TESTIFICANDUM signed by Judge Morrison C. England Jr. on 1/4/08 ORDERING the Warden of the HDSP to produce inmate Vernon Wayne McNeal to court on 2/4/08 at 9:00 a.m. in Courtroom 3, 15th Fl, before Judge England. The Clerk is directed to serve a courtesy copy of this order and writ of hc ad testificandum on the Out-To-Court Desk, CSP - Sac. (Kastilahn, A)
January 7, 2008
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ORDER AND WRIT OF HC AD TESTIFICANDUM signed by Judge Morrison C. England Jr. on 1/4/08. The Warden at the HDSP is ordered to produce inmate Alvis Garrison to court on 2/4/08 at 9:00 a.m. in Courtroom 3, 15th Fl, before Judge England. The Clerk is directed to serve a courtesy copy of this order and writ of hc ad testificandum on the Out-To-Court Desk, CSP-Sac. (Kastilahn, A)
August 8, 2008
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ORDER signed by Judge Morrison C. England, Jr on 8/8/08, ORDERING Plaintiff's request 157 for continuance is DENIED; the jury trial set for 10/6/08 at 9:00 a.m. is CONFIRMED; the pretrial documents filed by plaintiff in 1/08 will be reviewed at the 10/6/08 trial and need not be refiled; Plaintiff may, as appropriate, renew any motion in limine previously denied without prejudice due to continuance of the trial date by filing a notice of renewal of motion(s) that incorporates by reference to the relevant docket number the motion(s) he seeks to renew; and the Clerk is directed to send plaintiff a copy of the public docket.(Becknal, R)
August 22, 2008
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge John F. Moulds on 8/21/08 Commanding Warden Tom Felker, High Desert State Prison, to produce inmate Vernon Wayne McNeal, inmate # P-34419, on 10/06/08, in Court, 14th Floor, Courtroom 7, United States Courthouse, 501 I Street, Sacramento, California, at 9:00 a.m.(Mena-Sanchez, L)
August 22, 2008
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge John F. Moulds on 8/21/08 COMMANDING The Warden of High Desert State Prison, to produce Alvis Garrison, inmate # P-72479, in Court, 14th Floor, Courtroom 7, United States Courthouse, 501 I Street, Sacramento, California on October 6, 2008, at 9:00 a.m. The Clerk is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Out-To-Court Desk, California State Prison - Sacramento, P.O. Box 290007, Represa, California 95671.(Mena-Sanchez, L)
September 9, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 9/8/08 DENYING 162 Motion to Appoint Counsel. (Dillon, M)
September 11, 2008
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ORDER signed by Judge Morrison C. England, Jr. on 9/10/08. Within 5 days from date of this Order, counsel for defendants shall provide following information responsive to contentions in plaintiffs 8/28/08 filing: (1) where plaintiff is being transferred to; (2) when transfer is scheduled to happen; and (3) when plaintiffs legal materials will be returned to him following the transfer. (Marciel, M)
September 19, 2008
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ORDER signed by Judge Morrison C. England, Jr., on 9/18/08 ORDERING that plaintiff's requests 163167 for a 30 day extension of time to prepare for trial are DENIED. (Becknal, R)
September 19, 2008
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ORDER signed by Judge Morrison C. England, Jr on 9/18/08 ORDERING that Inmate Alvis Garrison shall appear at trial by videoconference from High Desert State Prison; An amended writ of habeas corpus ad testificandum for the appearance of inmate Alvis Garrison at trial by videoconference is issued concurrently with this order; and the Clerk of the Court is directed to serve a copy of this order on inmate Alvis Garrison, #P-72479, High Desert State Prison, P.O. Box 3030, Susanville, CA 96127. (Becknal, R)
September 19, 2008
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ORDER and WRIT ISSUED signed by Honorable Morrison C. England on 9/19/08 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the warden to produce the inmate Alvis Garrison inmate # P-72479 to testify by video-conference before the United States District Court on 10/6/08 at 2:00 pm before Honorable Morrison C. England. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ORDERED to provide the new custodian with a copy of this writ.(Becknal, R)
May 5, 2009
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ORDER signed by Judge Morrison C. England, Jr on 5/4/2009 DENYING 190, 189 Plaintiff's request for transcripts to be provided at government expense is now DENIED. The Clerk of the Court is directed to serve a copy of this Order on the United States Court of Appeals for the Ninth Circuit. (cc: USCA #08-17301) (Reader, L)
June 8, 2009
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ORDER signed by Judge Morrison C. England, Jr. on 6/5/2009 DENYING plaintiff's 192 Objections, which Court interprets as a Motion for Reconsideration, since no justifying grounds had been presented. (Marciel, M) Modified on 6/9/2009 (Marciel, M).
December 11, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 12/10/09 ADVISING pltf that the 196 motion will be DISREGARDED and no orders will issue in response to future filings. (Yin, K)
June 14, 2010
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[STRICKEN- PURSUANT TO 202 Minute Order] ORDER signed by Judge Morrison C. England, Jr., on 6/11/10, ORDERING that The Full Release and Satisfaction of All Claims entered into by the parties as set forth in the Motion is approved as being in the best interest of all three minors. The proceeds from the AIG policy on deposit with the Clerk of Court, shall be paid as detailed in this Order.(Kastilahn, A) Modified on 6/14/2010 (Donati, J).
June 21, 2011
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ORDER denying 205 Motion to Appoint Counsel signed by Judge Morrison C. England, Jr on 6/20/11. (Matson, R)
November 21, 2011
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ORDER denying 207 Motion for Reconsideration signed by Judge Morrison C. England, Jr on 11/18/11. (Kaminski, H)
January 11, 2012
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ORDER denying 209 Motion to Reopen Discovery, signed by Judge Morrison C. England, Jr., on 1/10/12. (Kastilahn, A)
January 11, 2012
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nd, Jr.. (Kastilahn, A)ORDER signed by Judge Morrison C. England, Jr., on 1/10/12 ORDERING that defendants' 212 motion to continue the trial date is GRANTED; and the Jury Trial is CONTINUED to 9/10/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. Engla
June 22, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 6/21/2012 ORDERING that plaintiff's 217 Motion to Appoint Counsel is DENIED. (Zignago, K.)
September 10, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 09/07/12 ORDERING that, within 15 days, defendants shall file and serve a response to plaintiff's 08/22/12 220 Motion; plaintiff's reply, if any, shall be filed and served within 10 days thereafter. (Benson, A.)
October 16, 2012
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ORDER signed by Judge Morrison C. England, Jr on 10/15/12 ORDERING that within 10 days defendants shall file a response to plaintiff's 223 Reply. (Manzer, C)
October 30, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 10/29/2012 DENYING, as moot, 220 Motion for copy of interview videotape. (Michel, G)
November 6, 2012
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ORDER signed by Chief Judge Morrison C. England, Jr. on 11/6/2012 DENYING 224 Motion to Appoint Counsel. (Michel, G)
November 30, 2012
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ORDER signed by Chief Judge Morrison C. England, Jr on 11/30/12 DENYING 231 Request to Change Jury Trial to Bench Trial filed by Vernon Wayne McNeal. (Meuleman, A)
December 5, 2012
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ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2012 ORDERING that Plaintiff's 228 Motion for Appointment of Counsel is DENIED. For the same reason, Plaintiff's 233 Motion for Appointment of a Medical Expert is also DENIED. (Zignago, K.)
December 5, 2012
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief Judge Morrison C. England, Jr on 12/4/12 ORDERING the Custodian to produce Vernon Wayne at 9:00 am on January 28, 2013 in Courtroom 7 before Judge Morrison C. England, Jr.. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
January 9, 2013
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ORDER denying plaintiff's 241 Motion for Subpoena Duces Tecum of Officer Batos, signed by Chief Judge Morrison C. England, Jr., on 1/9/13. (Kastilahn, A)
January 24, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr on 1/24/2013 VACATING the 1/28/2013 Jury trial and CONTINUING it to 6/10/2013 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. All previously issued writs are VACATED. Clerk to send copy of this order to the Out-to-court desk and the Warden of CSP- Corcoran. (Donati, J)
February 1, 2013
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SUPPLEMENTAL PRETRIAL ORDER signed by Chief Judge Morrison C. England, Jr., on 1/29/13: The parties are ordered to exchange copies of all their exhibits and exhibit list by May 28, 2013; the parties are ordered to file with the Court and exchange between themselves by May 28, 2013 a statement designating portions of depositions intended to be offered or read into evidence; the parties are ordered to file with the Court and exchange between themselves by May 28, 2013 the portions of Answers to Interrogatories which the respective parties intend to offer or read into evidence at the trial; the joint statement concerning the nature of this case that will be read to the jury at the commencement of trial must be filed by May 28, 2013; the joint set of instructions must be filed by May 28, 2013; the joint verdict form with proposed jury instructions must be filed by May 28, 2013; the voir dire questions shall be filed with the Court by May 28, 2013; the parties shall file trial briefs not later than May 28, 2013; any evidentiary or procedural motions (motions in limine) are to be filed by May 20, 2013, oppositions must be filed by May 28, 2013 and any reply must be filed by June 3, 2013; the motions will be heard by the Court onthe first day of trial; A Jury Trial is SET for 6/10/2013 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; the estimated length of trial is no more than three (3) days; the trial will consist of seven (7) jurors. (Attachments: # (1) Jury Instructions)(Kastilahn, A)
February 20, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr. on 2/19/2013 GRANTING 249 Motion to Modify the Scheduling Order; CONTINUING the Jury Trial to 1/13/2014 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; VACATING all previously issued writs for the 6/10/2013 trial; DIRECTING the Clerk of Court to serve a copy of this Order on the Out-to-Court Desk and the Warden at California State Prison - Corcoran. (cc: Out-to-Court Desk) (Michel, G)
March 29, 2013
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AMENDED SUPPLEMENTAL PRETRIAL ORDER signed by Chief Judge Morrison C. England, Jr on 3/29/13: The deadline date given in the Pretrial Order for filing motions in limine is vacated. Any evidentiary or procedural motions (motions in limine) are to be filed by December 20, 2013. A jury trial is scheduled for January 13, 2014. The estimated length of trial is no more than three (3) days. (Kaminski, H)
September 6, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/6/2013 ORDERING that the 1/13/14 trial before Judge Troy L. Nunley is VACATED; this matter will be set for settlement conference by subsequent order of court; within 14 days, each party shall inform the court in writing as to whether they wish to proceed with the settlement conference before Magistrate Judge Carolyn K. Delaney or if they wish to be referred to another Magistrate Judge; the Clerk shall send each party the consent form for settlement conferences; and plaintiff's 253 motion for a six month continuance of the trial date is DENIED as moot. (Yin, K)
October 23, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/23/2013 DENYING plaintiff's 256 motion for appointment of counsel. (Yin, K)
December 17, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/13 ordering within 5 days of this order defendants shall inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned Magistrate Judge and waive any disqualification or if they prefer instead to be referred to another Magistrate Judge of this court for the settlement conference. If defendants wish to proceed before the undersigned magistrate judge, they shall return to the court the consent form for settlement conferences provided with this order. If defendants do not wish the undersigned magistrate judge to preside at the settlement conference, they shall file a declaration stating that they wish to be referred to another magistrate judge of this court for the settlement conference. The clerk of the court shall resend defendants the consent form for settlement conferences and a copy of this court's 09/06/13 order 254. (Attachments: # (1) Settlement Consent form)(Plummer, M)
January 16, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/16/2014 SETTING this case for a settlement conference on 5/6/2014 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; plaintiff's 255 motion styled as "Motion for Magistrate Judge Delaney as settlement Judge" is DENIED as moot; and plaintiff's 263 motion styled as "Motion for Consent Form for Settlement Conference" is DENIED as unnecessary. (cc: KJN)(Yin, K)
January 16, 2014
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/16/2014 ORDERING the custodian to produce Vernon McNeal #P34419, to testify in USDC at 9:00 a.m. on 5/6/2014 in courtroom #25, before Judge Kendall J. Newman; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: OTCD-SAC, KJN) (Yin, K)
May 2, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/2/14 DENYING 268 Motion to Appoint Counsel. (Dillon, M)
June 6, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/06/14 ordering ( Jury Trial set for 1/12/2015 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.) If the parties wish to proceed to trial sooner, they should consider consenting to the undersigned. The clerk of the court is directed to send the parties the court's form for consenting to magistrate judge jurisdiction. The parties shall complete the forms and return them to the court within 30 days. (Plummer, M)
June 24, 2014
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ORDER denying 276 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 06/24/14. (Plummer, M)
September 9, 2014
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ORDER signed by District Judge Troy L. Nunley on 9/8/2014. Plaintiff's 279 Objections were contrued by Court as Request for Reconsideration of Magistrate Judge Delaney's 277 Order denying Motion to Appoint Counsel. Court also finds that the ruling was not clearly erroneous and is therefore AFFIRMED. (Marciel, M)
September 16, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/16/2014 DIRECTING defendants to file a response to plaintiff's 280 motion to compel within 14 days. Plaintiff may file a reply to defendants' response within 14 days of the response. (Yin, K)
October 27, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/27/14 denying 280 Motion to Compel. Plaintiff's request for authentication 288 is denied. (Plummer, M)
December 4, 2014
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ORDER signed by District Judge Troy L. Nunley on 12/3/14 ORDERING upon reconsideration, the order of the Magistrate Judge filed 10/27/14 289, is AFFIRMED. (Mena-Sanchez, L)
February 27, 2015
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ORDER signed by District Judge Troy L. Nunley on 2/26/15 DENYING 271 Motion for Expert Witness Fees. (Manzer, C)
October 19, 2017
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ORDER signed by District Judge Troy L. Nunley on 10/19/2017 SETTING this case for a Settlement Conference on 11/8/2017 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Each party shall provide a confidential settlement conference in accordance with this order. (cc: SAB) (Yin, K)
October 19, 2017
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Troy L. Nunley on 10/19/2017 ORDERING the custodian to produce Vernon Wayne McNeal #P-34419, to testify in USDC at 9:30 a.m. on 11/8/2017 in courtroom #9, before Magistrate Judge Stanley A. Boone; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: OTCD-SAC; SAB)(Yin, K)
November 8, 2017
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ORDER discharging Writ of Habeas Corpus Ad Testificandum as to Plaintiff, Vernon Wayne McNeal 318 signed by Magistrate Judge Stanley A. Boone on 11/8/2017. (Lundstrom, T)
December 8, 2017
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ORDER signed by District Judge Troy L. Nunley on 12/8/2017 DENYING 324 Motion to Continue. (Hunt, G)
January 30, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/30/18 ORDERING the Custodian to produce Vernon Wayne McNeal on 2/26/18 at 9:00 a.m. in courtroom 2 before District Judge Troy L. Nunley. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
January 30, 2018
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e Federal Court does not have the authority to order a state prison to do anything related to the management of the prison and its inmates. It would be an overstep in the Court's limited jurisdictional authority to even attempt to make such a(Mena-Sanchez, L)ORDER signed by District Judge Troy L. Nunley on 1/29/18 ORDERING that Plaintiff's Motion for an in camera review 335 is DENIED as MOOT. Plaintiff's Motion for a continuance 332 is DENIED; As to orders to Centinela State Prison, thn order. Accordingly, Plaintiff's Motion for a Court Order to have Centinela R&R bring Plaintiff to R&R (ECF No. 334 and Motion for a Court Order to have Centinela State Prison fix the copy machine/printer (ECF No. 338 are hereby DENIED.
January 30, 2018
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/30/18 ORDERING the Custodian to produce Vernon Wayne Macneal on 2/26/18 at 9:00 a.m. in courtroom 2 before District Judge Troy L. Nunley. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve this order and writ on the custodian and out-to-court desk. (cc: OTCD) (Plummer, M)