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05-441 - (PC) McNeal v. Evert, et al


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05-441 - (PC) McNeal v. Evert, et al
April 28, 2005
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ORDER signed by Judge Peter A. Nowinski on 04/26/05: Pltf's request for leave to proceed IFP is granted and the complaint is deemed filed the date of this order; Pltf is obligated to pay the $250.00 filing fee; Pltf may amend his pleading within 20 days 5. (Warren, P)
April 28, 2005
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NOTICE signed by Judge Peter A. Nowinski on 04/26/05: Clerk to serve a copy of this notice and a copy of pltf's IFP on the Director of CDC and the clerk's financial division. (cc: Director of CDC w/03/28/05 pleading and CFS)(Warren, P)
August 25, 2006
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ORDER signed by Judge John F. Moulds on 08/22/06: Service is appropriate for the following dfts: Evert, Leckie, Ervin, Hoover, Chenoweth, Bitle, Ginder, McCoy, Chatham, Van Leer, Barton and Rohlfing; the Clerk shall send pltf 12-USM-285 forms, 1-summons, an instruction sheet and a copy of the 05/09/05 cmp. (Kirkpatrick, S)
September 28, 2006
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ORDER signed by Judge John F. Moulds on 9/28/06 ORDERING that: pltf's 13 Motion for Extension of Time is GRANTED; and pltf is GRANTED 30 days from the date of this order in which to submit the necessary docs for service. (Brown, T)
November 15, 2006
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ORDER signed by Judge Edmund F. Brennan on 11/14/06 ORDERING that: the Clerk is DIRECTED to forward the instr for service of process, the completed summons, copies of the 5/9/05 Complaint and copies of this order to the USM; w/in 10 days, the USM is DIRECTED to notify dfts Evert, Leckie, Ervin, Hoover, Chenoweth, Bitle, Ginder, McCoy, Chatham, Van Leer, Barton, & Rohlfing of the commencement of this action; and the Clerk of the Court shall serve upon pltf a copy of the Local Rules of Court. (Brown, T) (cc: USM Priority)Modified on 11/15/2006 (Brown, T).
January 19, 2007
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ORDER signed by Judge Edmund F. Brennan on 1/18/07: Defendants are granted a 30-day extension of time to respond to plaintiff's complaint. Defendants' response to plaintiff's complaint shall be due on or before Wednesday, February 14, 2007 19.(Kaminski, H)
March 26, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/23/2007 ORDERING w/in 30 days pltf shall file an opposition or statement of non-opposition to the motion to dismiss.(Matson, R)
April 10, 2007
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ORDER signed by Judge Edmund F. Brennan on 04/09/07 ORDERING that the Clerk shall mail plaintiff 1 USM-285 form and a copy of the amended complaint filed May 9, 2005. Within 90 days from the date this order is served, plaintiff to submit all necessary documents. Failure to provide new instructions for service of process upon defendant M. Bitle within the time allowed or show good cause for such failure will result in a recommendation that this action be dismissed as to that defendant. (Duong, D)
May 22, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/21/07. The Clerk shall mail Plaintiff 1 form USM-285 and a copy of the amended complaint filed 5/9/05. Within 90 days from the date this order is served, Plaintiff may submit the attached Notice of Submission of Documents with a completed form USM-285 providing instructions for service of process upon defendant Evert and 2 copies of the pleading provided to Plaintiff.(Mena-Sanchez, L)
July 31, 2007
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ORDER signed by Judge Edmund F. Brennan on 7/30/07 GRANTING 38 Request for Extension of time. Defendants are granted an additional 30 days. (Cayo, A)
August 22, 2007
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ORDER signed by Judge Edmund F. Brennan on 8/22/07 GRANTING 41 Request for an extension of time. Defendants are granted an additional 31 days including 9/17/07, to file discovery response. (Anderson, J)
August 28, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 08/28/07 recommending that that defendant Rohlfing's February 14, 2007 25motion to dismiss for failure to exhaust administrative remedies be granted. Motion referred to Judge Garland E. Burrell. Objections due within 14 days (Plummer, M) Modified on 8/28/2007 (Plummer, M).
September 24, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 09/24/07 RECOMMENDING that dfts Bitle and Evert be dismissed w/o prejudice. Objections due w/i 20 days. Referred to Judge Garland E. Burrell.(Benson, A)
September 27, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 9/27/07 ADOPTING 43 Findings and Recommendations IN FULL. Dft Rohlfing's 25 motion to dismiss is GRANTED. CASE CLOSED. (Engbretson, K.)
September 28, 2007
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ORDER signed by Judge Edmund F. Brennan on 09/28/07 GRANTING 44 dfts' Request for Extension of Time; dfts have 20 days to file responses. The Court does not intend to grant additional requests for extensions of time. (Benson, A)
October 12, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/12/07 ORDERING that 52 Plf's Request for an extension of time is GRANTED; plf has 30 days to file objections to F&Rs, together w/forms for service on dfts Bitle and Evert; Clerk to send 2 USM forms and copy of 05/09/05 amended complaint; w/i 30 days, plf to submit Notice of Submission of Docs w/2 USM forms providing instructions for service on dfts Bitle and Evert and 3 copies of the pleading; 53 Plf's Request for dfts to describe the contents of the discovery they sent to plf is DENIED w/o prejudice. (Benson, A)
October 26, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/25/2007 GRANTING 56 Motion for Extension of time; Pltf is granted 30 days from the date of this order in which to submit the Notice of Submission of Documents. (Matson, R)
November 14, 2007
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ORDER signed by Judge Edmund F. Brennan on 11/13/07 ORDERING that dfts' 47motion/request to modify the scheduling order is DENIED as moot; pltf's 58 motion/request to extend the deadline by which to file dispositive motions is DENIED as moot; the 31 schedule is RESET as to: Discovery due by 2/8/2008; Pretrial Motions due by 5/8/2008; the court to schedule pretrial proceedings, if necessary, upon resolution of any pretrial motions. (Yin, K)
January 14, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 1/11/08 re 46 Findings and Recommendations. Plaintiff's claims against defendants Bitle and Evert are DISMISSED.(Dillon, M)
April 9, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/9/08 ORDERING that pltf's 60, 61 request for leave of court to file additional interrogatories are unneccessary and will be DISREGARDED.(Yin, K)
July 10, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/08 ORDERING that Plaintiff's 4/28/08, and 5/5/08, Requests for additional time ot file a pretrial statement 80, 79 are DENIED as unnecessary. (Mena-Sanchez, L)
July 10, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/08 ORDERING that the Court accepts the 5/30/08 MOTION for SUMMARY JUDGMENT 83 as timely filed. Plaintiff shall, as directed in the court's 6/25/08, order, file an opposition or statement of no opposition to the motion no later than 30 days from 6/25/08. The Clerk is directed to terminate MOTIONS 81 and 82. (Mena-Sanchez, L)
September 5, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/2008 re 94 Request filed by Vernon Wayne McNeal ORDERING given that plaintiff has several pending discovery motions, and the courts order on such motions may impact the nature and content of plaintiffs opposition to defendants motion for summary judgment, the court will defer ruling on plaintiffs instant request for an extension of time. The court will issue a further briefing schedule advising plaintiff as to when he must file an opposition to defendant's motion for summary judgment. (Waggoner, D)
September 17, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/17/08 ORDERING that Plaintiff's 9/10/08, Request for Extension of time 96 is DENIED as moot. (Mena-Sanchez, L)
January 16, 2009
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ORDER signed by Judge Garland E. Burrell, Jr on 01/15/09 DENYING 72 Request to reinstate Evert and Bitle as defendants and give plaintiff additional time to locate their addressess for purposes of service of process. (Streeter, J)
March 19, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/09 ORDERING thatPltf's motions to compel 66,67,68,69,70 and 71 are DENIED; the discovery deadline is extended to 4/17/09, for the limited purpose of allowing pltf to file a motion to compel dfts Van Leer, Chatham, Ervin, Leckie, Ginder, and Barton, to provide further responses to pltfs first sets of interrogatories; Because discovery in this action shall remain ongoing, dfts' motion for summary judgment 83 is DENIED without prejudice; Dfs may renew their motion after the 4/17/09 discovery deadline; and Dfts' nunc pro tunc motion to amend 97 dft McCoy's responses to pltf's requests for admission is GRANTED. Dft McCoy's 7/30/08, amended responses are deemed properly served upon pltf. Motions terminated. (Becknal, R)
April 28, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/28/09 ORDERING that pltf's 115 motion for appoinment of counsel is DENIED. (Yin, K)
June 11, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/11/09 denying Pltf's 4/13/09 motions to compel 103, 105, 107, 109, 111, and 113. Pltf's motion for the appointment of counsel 118 is DENIED. Pltf's 4/13/09 discovery requests 102, 104, 106, 108, 110, and 112 are STRICKEN and the Clerk shall make a notation on the docket to that effect. (Kastilahn, A)
August 25, 2009
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ORDER signed by Judge Garland E. Burrell, Jr. on 08/24/09 ORDERING that 120 Motion for Reconsideration is DENIED and the Magistrate Judge's 119 Order is AFFIRMED. (Benson, A.)
October 29, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/29/09 ORDERING that within 20 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.(Dillon, M)
June 29, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/29/2012: ORDERING defendant's objections to the evidence submitted in support of plaintiff's opposition to defendant's motion for summary judge are OVERRULED except as stated herein; 137 Motion to Supplement evidence is GRANTED; RECOMMENDING that 83 Motion for Summary Judgment filed by defendants be granted as to defendants Ginder, McCoy, Hooven, Chenoweth, and Barton and denied as to defendants Ervin and Chatham; any party may file objections to these findings and recommendations within 14 days after service; failure to file objections may waive the right to appeal.(Waggoner, D)
August 1, 2012
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ORDER and RAND notice signed by Magistrate Judge Edmund F. Brennan on 7/31/12 ORDERING that the 138 Findings and Recommendations are VACATED; Defendants motion for summary judgment 83 is DENIED without prejudice. Within 30 days of the date of this order, defendants may re-file and re-serve theirmotion for summary judgment. The 139 Motion for Extension of time is DENIED as moot.(Dillon, M)
January 18, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/17/2013 RECOMMENDING that the 141 motion for summary judgment be granted as to defendants Ginder, McCoy, Hooven, Chenoweth and Barton, and denied as to defendants Ervin and Chatham; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
February 21, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 2/21/2013 ADOPTING 145 Findings and Recommendations in full; GRANTING 141 Motion for Summary Judgment as to Defendants Ginder, McCoy, Hooven, Chenoweth and Barton; DENYING 141 Motion for Summary Judgment as to Defendants Ervin and Chatham. (Michel, G)
March 4, 2013
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ORDER Requesting Confidential Statements Re: Case Selection for Prisoner Settlement Program signed by Magistrate Judge Edmund F. Brennan on 3/4/13 ORDERING that the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements.(Dillon, M)
April 8, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 4/5/2013. Because plaintiff has shown that he could not have timely objected to the145 Findings and Recommendation despite his diligence, Court will VACATE the 146 Order Adopting Findings and Recommendations. Plaintiff shall have 14 days from date of Order to file Objections to 1/18/2013 145 Findings and Recommendations. (Marciel, M) Modified on 4/9/2013 (Plummer, M).
July 8, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 7/5/2013 FINDINGS and RECOMMENDATIONS 145 are ADOPTED in FULL; Motion 141 for Summary Judgment is GRANTED as to defendants J. Ginder, G McCoy, Hooven, Chenoweth, and C. Barton; and DENIED as to defendants Ervin and Chatham. (Reader, L) Modified on 7/9/2013 (Plummer, M).
July 18, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/13 ORDERING that 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. Plaintiff is cautioned that failure to file a pretrial statement in accordance with this order may result in the imposition of sanctions, including dismissal of this action. Defendants shall file a pretrial statement not later than thirty days after the filing of plaintiffs statement. The date for jury trial before the assigned district judge will be set in the pretrial order.(Dillon, M)
February 11, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/11/15 denying 172 Motion for substitution. Within 30 days of the date of this order, defense counsel shall endeavor to discover the identity of the proper party for substitution and either; a) serve the notice of suggestion of death on that party, along with re-service on plaintiff and filing with the court or b) file a declaration documenting the steps taken to discover the proper party's identity and why such person's identity could not be discovered. Should defense counsel file a new notice of suggestion of death with service on the proper party for substitution, plaintiff shall have 90 days from the date of service of such notice to file a new motion for substitution. (Plummer, M)
April 14, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/13/2015 ORDERING the parties to appear for a Status Conference on 4/29/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; plaintiff shall appear either telephonically or by video as directed by the concurrently issued writ; plaintiff's 181 request for 13 subpoenas is GRANTED and the Clerk shall send 13 blank, signed subpoena forms to plaintiff; plaintiff 's 184 motion to obtain the appearance at trial of inmate Rollins is GRANTED and the court will issue an order in due course; and plaintiff's 183, 186, 187 motions are DENIED. (Yin, K)
April 14, 2015
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AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/13/2015 ORDERING the custodian to produce Vernon Wayne McNeal P-34419, to appear by video-conferencing at Calipatria State Prison, 4/29/2015, at 10:00 a.m. ; 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; and the Clerk shall serve a copy of this order and writ on the Warden and via fax on Chris, Visiting Department. (cc: IT Dept) (Yin, K)
April 22, 2015
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/22/15 ORDERING the order and writ issued on 4/14/15 is vacated. The Custodian to produce Vernon Wayne McNeal via telephonic-conferencing on 4/29/15 at 10:00 a.m. before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the court of any changes in custody and tor provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (Plummer, M)
April 30, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/15 ORDERING that Plaintiffs March 26, 2014 motion for substitution (ECF No. 172) is deemed amended to name Roy Chatham as the proper party for substitution; Defense counsel shall serve a copy of plaintiffs motion for substitution, along with acopy of this order, on Roy Chatham; Roy Chatham shall have 21 days from the date of this order to file an opposition or statement of no opposition to the motion for substitution; Plaintiffs March 30, 2015 motions to compel (ECF Nos. 188, 189, and 190) are denied without prejudice as moot; Plaintiffs April 2, 2015 motion for appointment of counsel (ECF No. 191) is denied; and Plaintiffs April 2, 2015 motion for appointment of a psychiatric expert (ECF No. 192)is denied.(Dillon, M)
May 21, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/15 DENYING 200 Motion and 202 Motion to Appoint Counsel. (Dillon, M)
June 4, 2015
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ORDER signed by Judge Garland E. Burrell, Jr. on 6/3/2015 DENYING 207 Motion for Reconsideration re appointment of counsel. (Zignago, K.)
June 5, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/5/15 DENYING 203 Motion for appointment of counsel. (Dillon, M)
June 5, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 6/5/15 ORDERING the Custodian to produce Vernon McNeal at 9:00 am on 7/28/15 in Courtroom 10 before Judge Garland E. Burrell, 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)
June 5, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 6/5/15 ORDERING the Custodian to produce Alfred Rollings at 9:00 am on 7/28/15 in Courtroom 10 before Judge Garland E. Burrell, 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)
June 15, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/15/2015 DENYING plaintiff's 212 motion for the appointment of an expert witness. (Yin, K)
July 2, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 7/2/15 DENYING 222 and 223 Motions for Reconsideration. (Meuleman, A)
July 7, 2015
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ORDER signed by Judge Garland E. Burrell, Jr. on 7/7/2015 ORDERING that Defendant's 221 request to modify the Second Supplement to Pretrial Order is DENIED. (Zignago, K.)
July 22, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/15 ORDERING that the 214 and 215 Writs are VACATED. The July 28, 2015 trial in this matter has been rescheduled to commence on November 17, 2015. A copy of this order will be immediately faxed to the Out-To-Court officer at Calipatria State Prison and CSP-Sacramento to prevent the transport of Plaintiff McNeal (V-41094) and his inmate witness Rollings (P-24726). (cc OTCD)(Dillon, M)
November 18, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/17/15 ORDERING that Inlight of the district judges August 21, 2015 minute order continuing the trial date to February 23, 2016, 233 Motion to Continue is DENIED as moot.(Dillon, M)
January 7, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/7/16 ORDERING the Custodian to produce Vernon McNeal at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, 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 7, 2016
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[VACATED SEE ORDER [260]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/7/16 ORDERING the Custodian to produce Alfred Rollings at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, 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) Modified on 2/10/2016 (Reader, L).
January 12, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/16 ORDERING that Plaintiff's motion for a waiver of witness fees (ECF No. 235) is DENIED. Plaintiff's motion for substitution (ECF No. 236) is GRANTED. Roy Chatham is substituted for deceased defendant Chatham. Defense counsel shall serve a copy of this order on Roy Chatham within 7 days of the date of this order.(Dillon, M)
January 12, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 1/11/2016 DENYING, without prejudice, plaintiff's 241 Request for defendants to provide the case to him. (Marciel, M)
January 12, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr on 1/11/2016 ORDERING The court DECLINES to allow discovery at this late date simply because Plaintiff did not obtain various items of evidence during the discovery period or seek further relief from the court after his initial motions to compel were denied; the 2/24/2015 Pretrial Order is final, as supplemented by the 5/22/2015 Supplement to the Pretrial Order 206, and the Second Supplement to the Pretrial Order 210. (Reader, L)
January 12, 2016
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/12/16 ORDERING that the January 7, 2016 writ of habeas corpus issued for Vernon McNeal, CDCR # V41094, is VACATED; ORDERING the Custodian to produce Vernon Wayne McNeal #P34419 at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, 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. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the High Desert State Prison litigation coordinator via facsimile. (cc: OTCD)(Dillon, M)
February 3, 2016
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[VACATED SEE ORDER [260]ORDER and AMENDED WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 2/3/16 Amending 246 Order and Writ; ORDERING the Custodian to produce Vernon Wayne McNeal #P-34419 at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, 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. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Warden of Centinela State Prison. (cc OTCD)(Dillon, M) Modified on 2/10/2016 (Reader, L).
February 5, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 2/5/2016 ORDERING Plaintiff's objection, seeking reconsideration of the Magistrate Judge's 1/12/2016 order is DENIED. (Reader, L)
February 10, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 2/9/2016 GRANTING 254 Motion to continue trial date; Jury Trial Reset for 2/28/2017 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell Jr.; and the 1/7/2016 writ of habeas corpus issued for Alfred Rollings, CDCR# P24726, 240, and the 2/3/2016 amended writ of habeas corpus issued for Vernon Wayne McNeal, CDCR# P34419, 250, are VACATED. (Reader, L)
September 13, 2016
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ORDER denying 249 Motion in Limine signed by District Judge Garland E. Burrell, Jr on 9/13/16. (Kaminski, H)
October 12, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr., on 10/11/16 ORDERING that Plaintiff's discovery requests 262, 263, 264, 265, 266, 267, 268, 269, 270, 271 are DENIED. (Kastilahn, A)
December 1, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2016 DENYING 276 Motion Requesting from Courts to bring hygiene and hair trimmer to Trial. (Jackson, T)
April 24, 2017
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ORDER signed by District Judge Garland E. Burrell, Jr. on 4/21/2017 GRANTING 281 Motion to Modify the Pretrial Order. (Michel, G.)
June 28, 2017
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ORDER signed by District Judge Garland E. Burrell, Jr. on 6/27/2017 ORDERING Plaintiff's discovery motions 273, 274 are DENIED; since Plaintiff has not shown that the discovery he seeks should be authorized under the manifest injustice standard, his motions are DENIED. (Reader, L)
August 8, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 08/08/17 ORDERING the Custodian to produce Vernon Wayne McNeal on 9/15/17 at 1:30 p.m. in courtroom 10 before District Judge Garland E. Burrell. 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 15, 2017
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/15/2017 ORDERING the Custodian to produce Vernon Wayne McNeal (currently incarcerated by the CDCR as MacNeal), inmate #P-34419, at 1:30 p.m. on 9/15/2017 in Courtroom 10 before District Judge Garland E. Burrell. 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) (Henshaw, R)
September 28, 2017
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THIRD SUPPLEMENTAL PRETRIAL ORDER signed by District Judge Garland E. Burrell, Jr. on 9/27/2017 ORDERING Plaintiff's three motions, docketed as ECF Nos. 291, 296, and 298, are DENIED; Defendants' affirmative defense asserted under Heck is DISMISSED. For the stated reasons, Defendants' affirmative defenses that Plaintiff's failed to exhaust available administrative remedies and that Plaintiff's claims are barred under the principle explained in Heck are DISMISSED. (Reader, L) Modified on 9/28/2017 (Reader, L).
October 19, 2017
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ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by District Judge Garland E. Burrell, Jr on 10/19/17 ORDERING Custodian to produce Vernon Wayne McNeal, CDCR # P-34419 before Magistrate Judge Stanley A. Boone at the U. S. District Court, Courtroom #9, 2500 Tulare Street, Fresno, California 93721, on Wednesday, 11/8/17 at 9:30 a.m. 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. (cc: OTCD) (Mena-Sanchez, L)
October 19, 2017
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ORDER signed by District Judge Garland E. Burrell, Jr on 10/19/17 ORDERING that this case is SET for a Settlement Conference before Magistrate Judge Stanley A. Boone on 11/8/2017 at 09:30 AM at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9. (Mena-Sanchez, L)
November 2, 2017
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ORDER signed by Magistrate Judge Stanley A. Boone on 11/2/2017 GRANTING Defendants an extension up to and including 11/3/2017 in which to submit their confidential settlement conference statement. (Hernandez, M)
November 8, 2017
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ORDER Discharging 304 Writ of Habeas Corpus Ad Testificandum as to Plaintiff, Vernon Wayne McNeal, CDCR #P-33419, signed by Magistrate Judge Stanley A. Boone on 11/8/17. (Gonzalez, R)
December 12, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2017 DENYING 313 Motion regarding plaintiff's legal materials. (Henshaw, R)
December 12, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/2017 DENYING 315 Motion to Appoint Counsel. (York, M)
January 10, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2018 DENYING plaintiff's 320 motion for a court order. (Yin, K)