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04-776 - (PC) Johnson, et al v. Runnel, et al


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04-776 - (PC) Johnson, et al v. Runnel, et al
June 3, 2005
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ORDER signed by Judge Peter A. Nowinski on 06/02/05 DIRECTING the clerk to open a new case file with the 04/27/05 complaint 7 filed by Willard Birts, Jr. (Warren, P)
June 3, 2005
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ORDER signed by Judge Peter A. Nowinski on 06/02/05 ORDERING pltf's complaint is DISMISSED with leave to amend within 60 days.(Warren, P)
June 3, 2005
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ORDER signed by Judge Peter A. Nowinski on 06/02/05 DENYING 11 Motion to Appoint Counsel. (Servantes, G)
September 6, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Peter A. Nowinski on 9/6/05recommending that this action be dismissed w/out prejudice. Referred back to Judge Lawrence K. Karlton. (Girgis, C)
November 30, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/29/05 ORDERING Findings and Recommendations 18 is VACATED. (Girgis, C)
November 30, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/29/05 ORDERING Pltf has not complied with the 6/3/05 15 Order. This is pltf's final warning. If he does not obey the 6/3/05 15 Order w/in 20 days of service of this order, the court will recommend dismissal of this action with prejudice. (Girgis, C)
January 12, 2006
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 1/11/06 ORDERING Cases 2:05-cv-1101 LKK GGH and 2:04-cv-0776 LKK PAN RELATED. Case 05-cv-1101 LKK GGH is reassigned to LKK/PAN for all further proceedings. (Girgis, C)
April 25, 2006
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ORDER signed by Judge John F. Moulds on 4/24/06 ORDERING that: the court will DISREGARD pltf's 3/9/06, request for order directing service and request to lodge; and the Clerk is DIRECTED to make a notation on the requests to that effect. (Brown, T)
May 5, 2006
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ORDER signed by Judge John F. Moulds on 5/4/06 DENYING pltf's 1/9/06 45 Motion to Appoint Counsel. (Brown, T)
May 18, 2006
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ORDER signed by Judge John F. Moulds on 05/17/06 ORDERING that the court will disregard the documents filed 03/13/06 55, 03/22/06 56 and 03/23/06 57; Clerk directed to make a notation on the requests to that effect. (Warren, P)
May 18, 2006
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ORDER signed by Judge John F. Moulds on 05/17/06 ORDERING pltf's 01/09/06 request for extension of time 44 is GRANTED; Pltf's 01/09/06 amended complaint 43 is DISMISSED; Pltf is granted 30 days from the date of service of this order to file an amended complaint. (Warren, P)
September 8, 2006
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ORDER signed by Judge Edmund F. Brennan on 9/7/06: Service is appropriate for dfts J. M. Briddle, S. L. Chapman, R. Gower, St. Andre, B. Wilbur, Pribble, Von Rader, Kelsey, Weaver, C. Houghland, V. Hicks, Martinez, Bedford, Bates, Little, Doyle, Kelley, J. J. Brown and Arnold. The Clerk shall send pltf 19 USM-285 forms, one summons, an instruction sheet and one of the June 21, 2006, pleading. Within 30 days from service of this order, pltf shall complete the attached Notice of Submission of Documents and submit it to the court with completed documents. (Kaminski, H)
September 8, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 9/7/06 recommending that the claims against J. Lewis, Cooper, Jimenez, Bailey, Wagner, J. Cox, D. L. Runnels, Brewer, A. Martin, T. Robertson, T. Gillam, C. Adam and D. Peddicord be dismissed for plaintiff's failure to state a claim. Objections to F&R due within 20 days. (Kaminski, H)
December 21, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 67 signed by Judge Lawrence K. Karlton on 12/20/06 ORDERING that plt's claims against dfts J Lewis, Cooper, Jimenez, Bailey, Wagner, J. Cox, D. L. Runnels, Brewer, A. Martin, T. Robertson, T. Gillam, C. Adam and D. Peddicord are DISMISSED for failure to state a claim. (Duong, D)
January 18, 2007
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ORDER DIRECTING USM to serve process on Pribble, B. Wilber, - Arnold, Bates, Bedford, J. J. Brown, Doyle, V. Hicks, C. Hougland, R - Kelly, Kelsy, Little, Martinez, - Von Rader, - Weaver, J. M. Briddle, R Gower, C L Chapman, - St Andre. The Clerk is directed to forward the appropriate paperwork to the USM.The Clerk shall serve upon plaintiff a copy of the Local Rules. signed by Judge Edmund F. Brennan on 1/17/07. (USM - summons, USM-285 forms, instr., copies of comp. and a copy of this order)(Kaminski, H)
February 26, 2007
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ORDER signed by Judge Edmund F. Brennan on 2/23/07 ORDERING that: the Clerk shall mail pltf one USM-285 and a copy of the 6/21/06 pleading; w/in 90 days from the date this order is served, pltf shall submit the required documentation; and failure to provide new instr. for service of process upon dft R. Kelly w/in the time allowed or show good cause for such failure will result in a recommendation that this action be Dismissed as to R. Kelly.(Brown, T)
March 27, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/27/07 ORDERING that Plaintiff's 3/12/07 Priority Request 75 is DENIED. (Mena-Sanchez, L)
March 29, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/29/07 ORDERING that the Request 77 is GRANTED. Defendants have 20 days from the date this order is served to file and serve a response to the complaint. (Mena-Sanchez, L)
April 9, 2007
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ORDER signed by Judge Edmund F. Brennan on 4/9/2007 ORDERING the Court takes no action on 75 76 Requests filed by Vance Edward Johnson. (Matson, R)
May 15, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/14/07 ORDERING that the court takes NO ACTION on pltf's 76 request for discovery.(Yin, K)
July 17, 2007
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ORDER signed by Judge Edmund F. Brennan on 7/16/2007 DENYING 92 MOTION to COMPEL filed by Vance Edward Johnson. (Matson, R)
January 3, 2008
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ORDER signed by Judge Edmund F. Brennan on 1/3/08 ORDERING that Dfts' 101 Motion to Modify the Scheduling Order is GRANTED. The dates for completing discovery and for filing pretrial motions are VACATED. New dates will be set after Dfts Briddle, Wilbur, Pribble, Von Rader, Kelsey, Weaver, Hicks, Houghland, Bigford, Bates, Little, Goyle, Chapman, Gower, St. Andre and Arnold have answered the complaint. Those Dfts shall file an answer to the complaint within 10 days. (Engbretson, K.)
February 22, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/22/08 ORDERING that the request for an extension of time on behalf of dfts Briddle, Wilbur, Pribble, Von Rader, Kelsey, Weaver, Hicks, Houghland, Bigford, Bates, Little and Goyle is GRANTED. These dfs have 15 days from the date the order on the motion to dismiss is served to file and serve an answer to the complaint and RECOMMENDING that 86 Dfts' Motion to Dismiss be granted in part and denied in part. Objections due w/i 14 days; referred to Judge Lawrence K. Karlton. (Benson, A)
March 25, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 108, in full, signed by Senior Judge Lawrence K. Karlton on 3/25/08. Defendants' 86 Motion to Dismiss is GRANTED in part and DENIED in part. Defendants have 15 days from date of service of this Order to file and serve an Answer to Complaint. (Marciel, M)
April 3, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/3/2008 ORDERING The 105 portion of the court's January 3, 2008, order directing defendants Chapman, Gower, St. Andre and Arnold to answer the complaint within 10 days is VACATED; all other portions of that order remain in effect; and The time for dfts Chapman, Gower, St. Andre and Arnold to file a responsive pleading is governed by the 110 March 25, 2008, order resolving the motion to dismiss. (Reader, L)
April 18, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/18/2008 GRANTING 99 Pltf's Motion to Compel Discovery as timely; and Dft Martinez has 30 days from the date this order is signed to file and serve an opposition to the motion. (Reader, L)
November 21, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/21/08 granting defendants motion for protective order 118. Defendants are relieved of their obligation to respond to the requests for admission served on or around 06/08/08, and which they received on or around 06/12/08. (Plummer, M)
November 25, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/24/08 granting 126 Motion to modify scheduling order. Defendants motion for summary judgment is accepted as timely filed. Plaintiff shall file his opposition within 30 days. (Plummer, M)
January 7, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 01/07/09 ordering that defendants have 15 days to file either an opposition or a statement of no opposition to the 07/29/08, motion to compel. The court does not intend to extend this time. (Plummer, M) Modified on 1/7/2009 (Plummer, M).
March 31, 2009
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ed copies of those documents together with a proposed protective order that provides for the redaction of sensitive information. Defendants shall submit an in camera explanation for the redacted or withheld information. iii. Defendants' objections to Request No. 3 are overruled. Defendants shall produce all documents related to any disciplinary actions initiated against defendants from 12/30/02, through 1/9/03. The production shall be under the same conditions ordered above as to Request No. 2. iv. Defendants' objections to Request No. 4 are overruled. Defendants shall produce all documents related to any disciplinary reprimands from 12/30/02, through 1/9/03. The production shall be under the same conditions ordered above as to Request No. 2. v. Defendants' objections to Request No. 5 are overruled. Defendants shall produce all incident reports concerning the conduct of any defendants involved in imposing the lockdown on 12/22, and the treatment of plaintiff from that date until 1/9/03. The production shall be under the same conditions discussed above as to Request No. 2. vi. Defendants' objections to requests No. 6 and 7 are sustained. B. With respect to Plaintiff's Requests for Production of Documents, Set 1: i. Defendants' objections to Requests No. 1 and 3 are overruled. Defendants shall, w/i 30 days of the date of this order, respond to these requests. ii. Plaintiff's motion with respect to Request No. 2 is moot, and the motioORDER signed by Magistrate Judge Edmund F. Brennan on 3/31/09 ORDERED that Plaintiff's 7/29/08, motion to compel is denied and part and granted in part as follows: A. Defendants' general objection that plaintiff failed to specifically state why their responses are insufficient or in need of compulsion is overruled; B. With respect to Plaintiff's Requests for Production of Documents, Set 1: i. Plaintiff's motion with respect to Request No. 1 is moot, and the motion is denied as to Request No.1. ii. Defendants' objections to Request No. 2 are overruled. Defendants shall, w/i 30 days of this order, supplement their response and either turn over their personnel records from 12/30/02, through 1/9/03, or produce redactn is denied as to Request No. 2. iii. Defendants' objections to Requests No. 4, 5, 6 and 7 are sustained. 2. Defendants' 11/3/08, motion for summary judgment is denied without prejudice to renewal upon proper notice within 45 days of the date of this order. 3. Plaintiff's motions for extensions of time filed 12/2/08 and 1/5/09, are denied as moot. Motions terminated. (Becknal, R)
March 4, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/04/10 ordering plaintiff's request for sanctions for defendants failure to comply with the court's 03/31/09 order is denied. Plaintiff's request for court assistance to photograph his wounds is denied. Plaintiff's request for leave to conduct additional discovery is denied. Plaintiff's request for reconsideration of the court's 03/31/09 order limiting the time frame of discovery responses is granted. The time frame is broadened to encompass the period from 11/30/02 until 08/19/03. Defendants are ordered to supplement their discovery responses accordingly within 30 days of the date of this order. Defendants are ordered to turn over the documents they submitted to the court for in camera review to plaintiff within 14 days. Defendants 01/29/10 motion for a protective order is granted. The court adopts defendants' proposed protective order. Defendants' 05/15/09 motion for summary judgment is denied without prejudice. Defendants may renew their motion or file a new motion for summary judgment after discovery is complete. Plaintiff's request for a continuance under 56(f) is granted in part, in that the summary judgment motion must be re-noticed upon completion of discovery, and denied in part as moot. The clerk is directed to terminate docket entries nos. 146, 150, 151, 152, 153, 154 and 164.(Plummer, M)
March 17, 2010
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PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 3/17/10. (Dillon, M)
August 30, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/30/10 ORDERING that the equal protection/race discrimination allegations in the third amended complaint are dismissed; Pltfs claims against dft N. Grannis are dismissed with leave to amend. Pltf shall have 30 days from the service of an order by the district judge adopting or declining to adopt the findings and recommendations to file an amended complaint. It is RECOMMENDED that claims against dft R. Kelly be dismissed without leave to amend; claims against dfts Pribble, Wilbur, Kelsey, Briddle, St. Andre, Weaver, Gower, Bates, Brown, and Arnold be dismissed without prejudice; Pltfs claim alleging that dft Von Rader subjected him to excessive force be dismissed without prejudice; Pltfs claim alleging that dft Houghland punched, grabbed, and slammed pltf against a wall be dismissed without prejudice; claim alleging that dft Chapman was a bystander in tacit authorization and refused to intervene as other defendants punched, grabbed, and slammed plaintiff into a wall be dismissed without prejudice; Summary adjudication of pltfs claims that dfts Bigford, Martinez, Little, and Doyle deprived plaintiff of warm food, yard exercise, phone calls, paper, pen, request slips, complaint forms, and medical care be granted in favor of dfts. Summary adjudication of pltfs claims for compensatory damages against dfts Bigford, Martinez, Little, and Doyle be granted in favor of dfts. Dfts requests for summary adjudication and/or dismissal of plaintiffs remaining claims be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
October 19, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/2010 ORDERING that pltf's 10/13/10 filing 186, to the extent it seeks disqualification or recusal of the Magistrate Judge, is construed as a motion for recusal, and as such, is DENIED. (Yin, K)
October 21, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/21/10 ORDERING that claims against dft R. Kelly be dismissed without leave to amend; claims against dfts Pribble, Wilbur, Kelsey, Briddle, St. Andre, Weaver, Gower, Bates, Brown, and Arnold be dismissed without prejudice; Pltfs claim alleging that dft Von Rader subjected him to excessive force be dismissed without prejudice; Pltfs claim alleging that dft Houghland punched, grabbed, and slammed pltf against a wall be dismissed without prejudice; claim alleging that dft Chapman was a bystander in tacit authorization and refused to intervene as other defendants punched, grabbed, and slammed plaintiff into a wall be dismissed without prejudice; Summary adjudication of pltfs claims that dfts Bigford, Martinez, Little, and Doyle deprived plaintiff of warm food, yard exercise, phone calls, paper, pen, request slips, complaint forms, and medical care be granted in favor of dfts. Summary adjudication of pltfs claims for compensatory damages against dfts Bigford, Martinez, Little, and Doyle be granted in favor of dfts. Dfts requests for summary adjudication and/or dismissal of plaintiffs remaining claims be denied. (Williams, D)
November 22, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/22/2010 re 180 Motion for Reconsideration ORDERING 177 ORDER of the magistrate judge is AFFIRMED. (Waggoner, D)
February 3, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/3/11 ORDERING 193 Motion to correct the complaint, is denied without prejudice to plaintiffs ability to seek to amend the complaint. IT IS RECOMMENDED that plaintiff's motions at Docket Nos. 192 and 195, construed as motions for a partial judgment be denied. Objections to F&R due w/in 14 days. (Matson, R)
March 25, 2011
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ORDER ADOPTING 196 FINDINGS and RECOMMENDATIONS, in full, signed by Senior Judge Lawrence K. Karlton on 3/25/2011. Plaintiff's 192 195 Motions, construed as Motion for Partial Summary Judgment, are DENIED. (Marciel, M)
June 22, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/21/11 recommending that plaintiff's request for a certificate of appealability be denied. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
January 31, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/12 requesting confidential statements re: case selection for prisoner settlement program. The parties to this action shall each, no later than 14 days from the date of the order, submit confidential statements (see order for details). (Dillon, M)
March 12, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/12/12 ordering within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. The pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the assigned district judge will be set in the pretrial order.(Plummer, M)
June 11, 2012
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ORDER signed by Judge Lawrence K. Karlton on 6/11/12 ORDERING that, upon reconsideration, the order of the Magistrate Judge filed 3/12/12 is AFFIRMED. (Mena-Sanchez, L) Modified on 6/11/2012 (Krueger, M).
February 15, 2013
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laims for failure to exhaust and for summary judgment #146, 170, is DENIED without prejudice; within 30 days of the date of this order, defendants may re-file and re-serve their motion to dismiss for failure to exhaust and for summary judgment; Defendants must contemporaneously serve with the motion, but in a separate document, a copy of the attached "Rand Notice" and "Wyatt Notice," which provide plaintiff with notice of the requirements for opposing the motion. Failure to do so may constitute grounds for denial of the motion; if defendants re-serve their motion, plaintiff may thereafter file and serve an amended opposition within 30 days; if plaintiff fails to file an amended opposition, the court will consider his existing opposition in resolving defendants' motion; if plaintiff files an amended opposition, defendants may thereafter file an amended reply within 14 days. (Attachments: # (1) Wyatt Notice)(Reader, L) Modified on 2/19/2013 (Plummer, M).ORDER signed by Judge Lawrence K. Karlton on 2/15/2013 ORDERING Order 190 is VACATED to the extent it granted defendants' requests for dismissal of claims as unexhausted or summary adjudication of claims; defendants' motion to dismiss c
June 24, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/13 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of no opposition. (Plummer, M)
July 30, 2013
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FINDINGS and RECOMMENDATIONS rsigned by Magistrate Judge Edmund F. Brennan on 07/29/13 recommending that plaintiff's claims against defendants Pribble, Wilbur, Kelsey, Briddle, St. Andre, Weaver, Gower, Bates, Brown and Arnold be dismissed without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Von Rader subjected him to excessive force on 12/31/02 be dismissed without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Houghland punched, grabbed and slammed plaintiff against a wall on 12/31/02 be dismissed without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Chapman was a bystander in tacit authorization and refused to intervene as other defendants punched, grabbed and slammed plaintiff into a wall on 12/31/02 be dismissed without prejudice for failure to exhaust administrative remedies. Summary adjudication of plaintiff's claims that defendants Bigford, Martinez, Little and Doyle deprived plaintiff of warm food, yard exercise, phone calls, paper, pen, request slips, complaint forms and medical care between 12/31/02 and 01/09/03 be granted in favor of defendants. Summary adjudication of plaintiff's claims for compensatory damages against defendants Bigford, Martinez, Little and Doyle be granted in favor of defendants. Summary adjudication of plaintiff's claims against defendant Hicks be granted in her favor. Defendants' requests for summary adjudication and/or dismissal of plaintiff's remaining claims be denied. Motion 237 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
August 15, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/15/13 DENYING 230 Motion for pretrial order. (Manzer, C)
December 13, 2013
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ORDER signed by District Judge Troy L. Nunley on 12/11/2013 ORDERING that the 248 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's claims against defendants Pribble, Wilbur, Kelsey, Briddle, St. Andre, Weaver, Gower, Bates, Brown, and Arnold are DISMISSED without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Von Rader subjected him to excessive force on 12/31/2002 is DISMISSED without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Houghland punched, grabbed, and slammed plaintiff against a wall on 12/312002 is DISMISSED without prejudice for failure to exhaust administrative remedies. Plaintiff's claim alleging that defendant Chapman "was a bystander in tacit authorization and refused to intervene" as other defendants punched, grabbed, and slammed plaintiff into a wall on 12/31/2002 is DISMISSED without prejudice for failure to exhaust administrative remedies. Summary adjudication of plaintiff's claims that defendants Bigford, Martinez, Little, and Doyle deprived plaintiff of warm food, yard exercise, phone calls, paper, pen, request slips, complaint forms, and medical care between 12/31/2002 and 1/9/2003 is GRANTED in favor of defendants. Summary adjudication of plaintiff's claims for compensatory damages against defendants Bigford, Martinez, Little, and Doyle is GRANTED in favor of defendants. Summary adjudication of plaintiff's claims against defendant Hicks is GRANTED in her favor. Defendants' requests for summary adjudication and/or dismissal of plaintiff's remaining claims are DENIED. (Zignago, K.)
December 18, 2013
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ORDER Requesting Confidential Settlement Statements for Prisoner Settlement Program signed by Magistrate Judge Edmund F. Brennan on 12/18/13 (see order for details). (cc Sujean Park)(Dillon, M)
January 28, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/2014 SETTING this case for a settlement conference on 3/13/2014 at 01:00 PM in Courtroom 9 (CMK) before Magistrate Judge Craig M. Kellison; a representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants' behalf shall attend in person. (cc: CMK)(Yin, K)
January 28, 2014
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/28/2014 ORDERING the custodian to produce Vance Edward Johnson #P-48409, to testify in USDC at 1:00 PM on 3/13/2014 in courtroom #9, before Magistrate Judge Craig M. Kellison; and 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, CMK)(Yin, K)
March 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/6/2014 DENYING plaintiff's last minute 259 request to appear via video, as moot; the Clerk shall serve a courtesy copy of this order on the Out-to-Court Desk, CSP-Sacramento. (cc: OTCD-Sacramento) (Yin, K)
March 19, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/2014 ORDERING that within 30 days, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of trial witnesses; defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement; the pretrial conference will be conducted on the file only, without appearance by either party; and the date for jury trial before a district judge will be set in the pretrial order. (Yin, K)
June 2, 2015
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ORDER signed by District Judge Troy L. Nunley on 6/2/15 ORDERING that282,284 are DENIED WITHOUT PREJUDICE. Motions 278, 283 are DENIED. Within 14 days of the date of this order, Plaintiff shall submit a motion to obtain the attendance of incarcerated witnesses limited to five incarcerated witnesses. The Court will issue the necessary writ to ensure Plaintiff's appearance at trial, along with any writs necessary to ensure the appearance of Plaintiff's 5 incarcerated witnesses (upon receipt of a proper motion and affidavits to obtain their appearance). (Meuleman, A)
July 1, 2015
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ORDER signed by District Judge Troy L. Nunley on 6/30/2015. On 6/25/2015, plaintiff submitted 288 Objections to Court's 285 Order. It appears plaintiff again objects to his and the incarcerated witnesses having to appear in person at Trial. The Objection is noted and the Request is again DENIED. Court will issue necessary Writs to ensure their appearance at Trial. Plaintiff also objects to having "to submit (5) more Motions with Affidavits of plaintiff's selection" of incarcerated witnesses to testify, and requests further clarification. Plaintiff may submit one motion stating which five witnesses are to testify. Together with that Motion, plaintiff may either refile necessary Affidavits, specific to five witnesses, or clearly reference which are correct Affidavits already filed in "plaintiff's 282 Motion / Affidavit Re: Attendance of Incarcerated Witnesses to Appear at Jury Trial". Plaintiff shall file such a Motion and/or Affidavits within 7 days of date of this Order. (Marciel, M)
September 24, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/2015 GRANTING plaintiff's 290 motion to secure the attendance at trial of incarcerated witnesses. Plaintiff's motion does not identify proposed witness Dwayne Richardson by CDCR number. Within 30 days, plaintiff shall inform the court whether his proposed witness is Dewayne McGee Richardson, CDCR #T-32684. (Yin, K)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Vance Edward Johnson on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Dewayne McGee Richardson on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Kerry D. Thrower on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Kenneth J. Wash on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Christopher Oatey on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
December 18, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/17/15 ordering the Custodian to produce Jamar Floyd Sandley on 2/08/16 at 9:00 a.m. in courtroom 2 before 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)
August 2, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2016 ORDERING the pretrial order is MODIFIED to add Drs. Kanan and Cho to the list of defense witnesses.(Yin, K)