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08-593 - (PC) Davis v. Walker et al


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08-593 - (PC) Davis v. Walker et al
April 21, 2010
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ORDER DISMISSING CASE WITH LEAVE TO AMEND signed by Chief Judge Helen W. Gillmor on 04/20/10. Amended Complaint due by 5/20/2010. Clerk is directed to send plaintiff complaint form. (Williams, D)
February 22, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/21/12 ORDERING plaintiff's 07/26/11 motion for appointment of guardian ad litem and/or appointment of counsel 25 in case CIV-S-08-0593 KJM DAD (PC) is denied. All pending motions in case CIV-S 10-2139 (PC) 28, 31, 33, 37, 38, 39, 43, 44, 45, 46, 49, 52, 54, 55, and 56 are denied without prejudice. Also, RECOMMENDING that case CIV-S 08-0593 KJM DAD (PC) be stayed unitl either party files a motion to lift the stay accompanied by evidence that plaintiff has been found to be restored to competency. Case CIV-S 10-2139 KJM DAD (PC) be stayed until either party files a motion to lift the stay accompanied by evidence that plaintiff has been found to be restored to competency; and the clerk of the court be directed to administratively close case CIV-S 08-0593 KJM DAD (PC) and case CIV-S 10-2139 KJM DAD (PC). Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M) Modified on 2/23/2012 (Plummer, M).
October 30, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/14 ordering Ronnie Tolliver is appointed Guardian Ad Litem for Kennard Lee Davis in civil action nos. 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P. The clerk of the court is directed to serve this order and all subsequent orders in 2:08-cv-593 KJM DAD P and 2:10-cv-2139 KJM DAD P on Mr. Ronnie Tolliver electronically at [email protected] and by U.S. Mail at 14603 Grayland Avenue, Norwalk, CA, 90650. The clerk of the court is directed to serve a courtesy copy of this order to Brian Pomerantz at [email protected] (Plummer, M)
November 12, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/14 ORDERING that Benjamin A. Williams is appointed as counsel for plaintiff in the above entitled matters. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Benjamin A. Williams, Jesse Ortiz Law, 980 9th Street, Suite 340, Sacramento, CA 95814.(Dillon, M)
July 27, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 07/24/15 ordering that the motion to withdraw as attorney 43 is granted. (Plummer, M)
January 8, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/8/2016 ORDERING the Warden, Litigation Coordinator, and other correctional staff as needed at SAC, shall facilitate a confidential telephone call between Kennard Lee Davis and attorney Brian M. Pomerantz, in accordance with this order. The Clerk shall serve this order by facsimile 916-294-3072 and email on the Warden and Litigation Coordinator at SAC. (Yin, K)
March 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/14/16 ordering Brian M. Pomerantz is appointed as counsel for plaintiff in the above entitled matters. Mr. Pomerantz shall submit his pro hac vice application to practice in this court forthwith. Plaintiff's emergency motion for injunctive relief in case 2:08-cv-0593 KJM CKD (TEMP)46 is denied without prejudice to refilling, as appropriate by counsel. All pending motions in case no. 2:10-cv-2139 KJM CKD (TEMP) 94, 97, 99 and 100 are denied without prejudice to refilling as appropriate by counsel. The pretrial scheduling order dates in case 2:10-cv-2139 KJM CKD (TEMP)87 are vacated. Within 30 days of the date of this order, counsel for all parties are directed to meet and confer on agreeable dates for a status conference in these matter and contact Courtroom Deputy Kyle Owen by telephone (916) 930-4004 or via email [email protected] for the court's availability. A status conference shall take place in these matters within 120 days. The clerk of the court is directed to serve a copy of this order upon Brian M. Pomerantz, 6351 Owensmouth Avenue, Suite 203, Woodland Hills, CA 91367.. (Plummer, M)
June 2, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/02/16 ordering plaintiff's pro se motions 54, 62 and 63 are denied without prejudice to renewal. (Plummer, M)
June 28, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/16 ORDERING that defense counsel Ullrich shall be prepared to discuss the logistics of obtaining a mental health evaluation from plaintiff's current treating psychiatrist addressing plaintiffs competency; and Guardian ad litem Ronnie Tolliver is directed to personally appear at the hearing. In the alternative, if appearing at the hearing would present a personal hardship, GAL Tolliver may appear by telephone. Arrangements to appear by telephone must be made by contacting the courtroom deputy, Kyle Owen, at (916) 930-4004. (Dillon, M)
July 7, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2016 ORDERING that guardian ad litem Tolliver is advised that he must comply with court orders and that failure to do so may result in a recommendation that this action be dismissed. Under Fed.R.Civ.P. 706, the court intends to appoint an expert witness to assist the court in evaluating whether plaintiff has been restored to competency: (a) No later than 7/22/2016, the parties shall SHOW CAUSE why such an expert should not be appointed; (b) No later than 7/29/2016, the parties may submit nominations for such expert; (c) No later than 8/5/2016, the custodian of records for the facility where plaintiff is currently incarcerated shall submit to the court, UNDER SEAL, plaintiff's complete medical record maintained by the CDCR, including records of psychiatric treatment. Defense counsel Ullrich shall serve a copy of this order on the custodian of records and shall facilitate delivery of the records to the court. Plaintiff may not file documents on his own behalf. Plaintiff, through his guardian ad litem, may only file the following documents: (a) Response to the order to show cause set forth above and nomination of court appointed expert; (b) One opposition to any motion filed by defendants (and clearly titled as such); (c) Only one motion pending at any time. Plaintiff, through his guardian ad litem, is limited to one memorandum of points and authorities in support of the motion and one reply to any opposition; and (d) One set of objections to any findings and recommendations. The motions currently pending (ECF Nos. 74 76 77 84 85 ) were improperly filed by the incompetent plaintiff and are accordingly STRICKEN. (Yin, K)
July 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ORDERING that plaintiff's motions (case no. 08cv593, ECF Nos. 90, 91; case no. 10cv2139, ECF Nos. 146, 147) are STRICKEN. Plaintiff is cautioned that further violations of this courts orders will result in a recommendation that these actions be dismissed.(Dillon, M)
August 29, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 8/29/16 ORDERING that plaintiff's motions (case no. 08-cv-593, ECF No. 97; case no. 10-cv-2139, ECF No. 153) are STRICKEN. Plaintiff is again cautioned that further violations of this court's orders will result in a recommendation that these actions be dismissed. (Dillon, M)
September 1, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 09/01/16 striking Motions to Appoint Counsel 102,103. (Plummer, M)
October 31, 2016
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ANSWER signed by District Judge Kimberly J. Mueller on 10/31/2016 in RESPONSE to 122 USCA Order. (cc USCA) (Donati, J)
May 18, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 5/18/2017 ORDERING the plaintiff's mental health clinicians to file within fourteen (14) days, a report on the current status of the plaintiff's mental health; REFERRING this matter to Sujean Park, Pro Bono Coordinator for the Eastern District of California, to confirm arrangements with a medical expert who shall be appointed to conduct an independent medical examination of the plaintiff and to report the findings of said examination to the Court; ORDERING the defendants to notify the Court at least thirty (30) days in advance of any planned or emergency change in the plaintiff's housing. (cc: VDRP) (Michel, G.)
June 13, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/13/2017 GRANTING the defendants' 136 Request for Extension of Time; ORDERING the defendants to respond to the Court's 132 Order by 7/1/2017. (Michel, G.)
June 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/19/17 ORDERING that Plaintiff's motions for appointment of counsel filed in Case No. 2:08-cv-0593 KJM DB, ECF Nos. 111, 112, 116, 134, and 137, are DENIED. Plaintiff's motions for appointment of counsel filed in Case No. 2:10-cv-2139 KJM DB, ECF Nos. 168, 169, 178 and 195, are DENIED. The reference of the above- captioned cases to the assigned magistrate judge is WITHDRAWN until further order of court. Plaintiff's motions regarding the authority of the magistrate judge filed in 2:08-cv-0593, ECF Nos. 106, 117 and 124, are DENIED. Plaintiff's motions regarding the authority of the assigned magistrate judge filed in 2:10-2139, ECF Nos. 162, 173 and 182, are DENIED. Plaintiff's motions for reconsideration filed in 2:08-cv-0593, ECF Nos. 105 and 119, are DENIED. Plaintiff's motions for reconsideration filed in 2:10-cv-2139, ECF Nos. 161, 163 and 175, are DENIED. Plaintiff's motion for medical evaluation filed in Case No. 2:08-cv-0593 KJM DB, ECF No. 133, is DENIED. Plaintiff's motion for medical evaluation filed in 2:10-cv-2139, ECF No. 192, is DENIED. Plaintiff's guardian ad litem, Ronnie Tolliver, is directed to complete and return the attached notice to the court by mail within 21 days from the date of this order. (Kastilahn, A)
September 12, 2017
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ORDER APPOINTING EXPERT signed by District Judge Kimberly J. Mueller on 9/11/2017 ORDERING 140 The court APPOINTS Steven Hugh Mannis, M.D. as a neutral expert to assist thecourt under Federal Rule of Evidence 706; The court apportions the cost of the expert to defendants to be split equally among them; The Clerk of the Court shall send copies of documents to Dr. Mannis; Defendants shall take all steps necessary to provide Dr. Mannis with a copy of plaintiff's medical file since January 2007 within 14 days from the date of this order; Dr. Mannis shall review the documents forwarded by the Clerk and plaintiff's medical records, perform an examination of plaintiff at a time to be determined, and within 45 days thereafter submit a written report to the court. Dr. Mannis shall send the report once completed to the undersigned at the USDC, EDCA, Chambers of Hon. Kimberly J. Mueller. (Reader, L) Modified on 9/12/2017 (Reader, L).
November 6, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 11/6/2017 ORDERING Defendants shall forthwith take all necessary steps to tender payment of the attached invoice to Dr. Mannis; Dr. Mannis shall submit any future bill for services directly to defendants by mailing a copy to counsel for defendants; and if defendants fail to timely pay any bill, Dr. Mannis may seek this court's assistance. (Attachments: # (1) Medical Record Review Billing) (Reader, L) Modified on 11/6/2017 (Reader, L).
December 12, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/12/2017 ORDERING that within forty-five days Dr. Mannis shall file a written report in accordance with this order. (Attachments: # (1) Attachment)(Washington, S)
December 14, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/13/2017 DENYING 140 Motion to replace guardian ad litem without prejudice; DENYING 159, 160 Motion to Appoint Counsel; OVERRULING 155, 157 Objections to appointing a neutral expert. Plaintiff is informed that further court action must await the filing of the written report of the neutral expert and that no orders will in response to future pro se filings until further order of court. (Washington, S)
March 27, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ORDERING that the counsel for defendants file, under seal, a document listing the names and addresses of any and all next of kin or next friend contacts contained in plaintiff's prison records. (Fabillaran, J)
April 18, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 04/18/18 ORDERING that two pages of prison records containing the names and addresses of Plaintiff's next of kin documents are be filed UNDER SEAL with access limited to the Clerk and the Court. (Benson, A.)