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08-2767 - (PC) Jayne v. Bosenko et al


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08-2767 - (PC) Jayne v. Bosenko et al
November 24, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/24/08 ORDERING that pltf has 30 days to submit the required trust acct statement.(Yin, K)
November 23, 2009
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ORDER signed by Circuit Judge Marsha S. Berzon on 11/20/09 ORDERING that Plaintiff's Application to Proceed In Forma Pauperis 2 is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees must be collected and paid in accordance with this Court's order to the CDC, which will be filed concurrently with this order. Plaintiff's MOTION for Preliminary Injunction 8 is DENIED as moot. Plaintiff's Emergency MOTION for Preliminary Injunction 12 is DENIED. Plaintiff's MOTION to Appoint Counsel and MOTION for 90-Day Extension 18 is DENIED with prejudice. Plaintiff is granted leave to amend his complaint to state claim for denial of adequate exercise against a particular defendant or defendants. Within forty- five (45) days of the date of this Order, Plaintiff may submit an amended complaint on the form provided with this Order. The Clerk shall send Plaintiff a Prisoner Complaint form along with this order. The Clerk shall send Plaintiff a service packet including the Complaint 1, this Order, a Notice of Submission of Documents form, an instruction sheet, and copies of summons and USM-285 forms for each Defendant listed above in number 2. Within 30 days of the date of filing of this Order, Plaintiff shall complete and return to the Clerk of the Court the Notice of Submission of Documents. (Mena-Sanchez, L)
November 23, 2009
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of MICHAEL AARON JAYNE signed by Circuit Judge Marsha S. Berzon on 11/20/09. The Director of the CDC shall collect payments from Plaintiff's prison trust account and shall forward those payments to the Clerk, until a total of $350.00 has been collected and forwarded to the Clerk. The Clerk shall serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director f the CDC, via the courts electronic case filing system (CM/ECF). The Clerk is directed to serve a copy of this order on the financial department of the court.(Mena-Sanchez, L)
July 9, 2010
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ORDER signed by Circuit Judge Marsha S. Berzon on 7/8/2010 DENYING plaintiff's 35 Motion for Default Judgment. As directed in Court's 4/4/2010 28 Order, defendants shall file a Joint Response to plaintiff's 27 Motion for Temporary Injunction no later than 7/26/2010. Defendants shall also respond to same plaintiff's Motions for 29 Temporary Restraining Order and 34 Immediate Injunction. (Marciel, M)
November 29, 2010
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ORDER signed by Circuit Judge Marsha S. Berzon on 11/24/10 ORDERING that Plaintiff's MOTION to Appoint Counsel 67 is DENIED. (Mena-Sanchez, L)
November 29, 2010
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ORDER signed by Circuit Judge Marsha S. Berzon on 11/24/10 ORDERING that Plaintiff's first MOTION TO COMPEL 56 is DENIED. Plaintiff's second MOTION TO COMPEL 58 is DENIED. Plaintiff's third MOTION to COMPEL 65 is DENIED. Plaintiff's Fourth MOTION to COMPEL 74 is DENIED. Plaintiff's MOTION for a Protective Order 57 is DENIED. The Shasta County Defendants shall submit a copy of the jail's training manual to the Court for in camera review no later than 14 days from the date of this order. (Mena-Sanchez, L)
November 29, 2010
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ORDER signed by Circuit Judge Marsha S. Berzon on 11/24/10 ORDERING that Plaintiff's First MOTION for Temporary Injunctive Relief 27 is DENIED. Plaintiff's second MOTION for Temporary Injunctive Relief 29 is DENIED. Plaintiff's third MOTION for Temporary Injunctive Relief 34 is DENIED. Plaintiff's fourth MOTION for Temporary Injunctive Relief 59 is DENIED in part. Defendants shall respond to Jayne's fourth Motion for Temporary Injunctive Relief 59, insofar as it relates to his allegations regarding "soft shoes", no later than twenty-one (21) days from the date of this order. (Mena-Sanchez, L)
April 4, 2011
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ORDER signed by Circuit Judge Marsha S. Berzon on 04/01/11 ORDERING that plf Jayne's 98, 102, 109 Motions for an Extension of Time to respond to dfts' Motions for Summary Judgment are GRANTED. Jayne shall respond to dfts Motions for Summary Judgment by 05/20/11; Jayne's 84, 95 Motions to Dismiss dfts and Stay the statute of limitations are DENIED AS MOOT; Jayne's 104 Motion to Compel Discovery of Randy Abney's Handwritten Statement is GRANTED. By 04/15/11, dfts shall either produce Abney's handwritten statement to Jayne or submit sufficient evidence to the Court demonstrating why they cannot do so. (Benson, A.)
April 4, 2011
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ORDER signed by Circuit Judge Marsha S. Berzon on 04/01/11 ORDERING that plf's 58 MOTION to COMPEL is GRANTED in part and DENIED in part. (Benson, A.)
June 19, 2014
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ORDER signed by Circuit Judge Marsha S. Berzon on 6/19/14 GRANTING in part and DENYING in part 90 and 97 Motions for Summary Judgment. (Manzer, C)
June 19, 2014
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ORDER signed by Circuit Judge Marsha S. Berzon on 6/19/14 DENYING as moot 66 Motion for Preliminary Injunction 70 Motion for TRO 83 Motion for Preliminary Injunction 127 Motion to Lift Stay; DENYING 69 Motion to Compel; GRANTING 120 Motion for Reconsideration. (Manzer, C)
June 20, 2014
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ORDER signed by Circuit Judge Marsha S. Berzon on 6/20/14 ORDERING the Court has determined that this case would benefit from a settlement conference with a Magistrate Judge. Accordingly, the Court REFERS this case to Sujean Park, the Alternative Dispute Resolution Coordinator of the District Court for the Eastern District of California, for the scheduling of a settlement conference.The Clerk of the Court is directed to serve a copy of this order on SujeanPark. (cc ADR) (Becknal, R)
July 1, 2014
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ORDER signed by Circuit Judge Marsha S. Berzon on 6/27/2014. Settlement Conference is SET for 8/14/2014 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. Plaintiff will appear at Settlement Conference by video conference from U.S. Penitentiary, Coleman II as directed by separate Order. (cc: Magistrate Judge Kellison; ADR Director Sujean Park) (Marciel, M)
July 1, 2014
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ORDER & WRIT of HABEAS CORPUS AD TESTIFICANDUM issued and signed by Circuit Judge Marsha S. Berzon on 6/20/2014 ORDERING the Custodian to produce Michael Aaron Jayne (Inmate # 74636-065) via video conferencing at 10:00 AM on 8/14/2014 in Redding before Magistrate Judge Craig M. Kellison. Custodian is ordered to notify 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. (cc: IT Dept and Warden at USP Coleman II) (Marciel, M)
July 11, 2014
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ORDER denying 141 Motion to Appoint Counsel signed by Circuit Judge Marsha S. Berzon on 7/10/14. (Kaminski, H)
July 31, 2014
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ORDER signed by Circuit Judge Marsha S. Berzon on 7/30/14 06/20/2014 ORDERING that the Warden produce Jayne to participate in the conference by telephone if video conferencing equipment is unavailable. The Court further directs that Jayne's Motion for reproduction of documents obtained through Discovery be discussed among the parties at the conference. (cc: CMK, VDRP, IT & USP Coleman II) (Becknal, R)
August 19, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/19/14 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. Defendants shall file a pretrial statement not later than 30 days after the filing of plaintiffs statement. The date for jury trial before a district judge will be set in the pretrial order. (Dillon, M)
August 22, 2014
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ORDER denying 155 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 08/21/14. (Plummer, M)
October 17, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/15/2014 DENYING without prejudice 161 Motion for Extension. (Donati, J)
October 17, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2014 DENYING 162 Motion for Reconsideration. (Donati, J)
January 14, 2015
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ORDER APPOINTING COUNSEL signed by Magistrate Judge Edmund F. Brennan on 1/14/2015 DIRECTING the Clerk to STRIKE attorney Kevin Little's 165 proposed substitution of attorney, and his request to file documents under seal is DENIED; plaintiff's 166 motion for appointment of counsel is GRANTED; Carter C. White is appointed for plaintiff; the Clerk shall serve a copy of this order upon Carter C. White; within 30 days, plaintiff shall file his pretrial statement and any motions necessary to obtain the attendance of trial witnesses, the currently-pending 157 motion for subpoenas and witness list for trial filed by plaintiff is DENIED without prejudice to its renewal concurrently with the pretrial statement; plaintiff's 146 motion for an order compelling defendants to re-serve discovery is DENIED as moot; and defendants shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. (Yin, K)
February 26, 2015
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 EXTENDING the pretrial statement deadline; plaintiff's pretrial statement is due on or before 3/16/2015, defendants pretrial statement shall be filed no later than 30 days after the filing of plaintiff's statement. (Yin, K) Modified on 2/26/2015 (Yin, K).
April 15, 2015
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ORDER AFTER HEARING granting 171 Motion to allow late designation of expert witness; denying without prejudice to renewal 172 Motion for Leave to Allow Late Filing of Dispositive Motion. Scheduling Order modified (see order for details). Status Conference SET for 10/28/15 @ 10:00 a.m. in Courtroom No. 8. Signed by Magistrate Judge Edmund F. Brennan on 4/15/15. (Hinkle, T)
June 30, 2015
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ouch, J)ORDER signed by Magistrate Judge Edmund F. Brennan on 6/30/2015, re 181 Request filed by Michael Aaron Jayne, ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Carter White is GRANTED. (Cr
October 5, 2015
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/2015 EXTENDING the deadline to 11/16/2015 for completion of expert witness depositions and for written discovery regarding the disciplinary diet claim. The 10/28/2015 Status Conference is RESCHEDULED to 11/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Yin, K)
April 26, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/26/16 RECOMMENDING that plaintiffs motion for reconsideration (ECF No. 191) be granted and that defendants VanBuskirk and Bosenko be reinstated; and Plaintiffs motion to modify the scheduling order (ECF No. 191) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
May 17, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING that a Settlement Conference is set for 9/20/2016 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff will appear at the settlement conference by video conference, from the United States Penitentiary, Coleman II, as directed by separate order. The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference.(Dillon, M)
May 17, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING the Custodian to produce Michael Aaron Jayne via video conferencing at 9:00 am on 9/20/16 in Courtroom 25 before Judge Kendall J. Newman. 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. (cc: IT Dept)(Dillon, M)
June 9, 2016
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ORDER signed by District Judge Troy L. Nunley on 6/9/2016 ORDERING that the 199 findings and recommendations are ADOPTED in full. Plaintiff's 191 motion for reconsideration is GRANTED and Defendants VanBuskirk and Bosenko are REINSTATED. Plaintiff's 191 motion to modify the scheduling order is DENIED. (Zignago, K.)
July 11, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/2016 ORDERING the parties to file a joint pretrial statement no later than 8/10/2016. The pretrial conference is set for 8/31/2016 at 10:00 a.m. before Magistrate Edmund F. Brennan in Courtroom 8, 13th Floor. Plaintiff's trial brief, motions in limine, proposed jury voire dire, and proposed jury instructions shall be filed no later than 9/19/2016. Defendants' trial brief, motions in limine, proposed jury voire dire, and proposed jury instructions shall be filed no later than 9/26/2016. Jury trial is scheduled to begin 10/24/2016 at 9:00 a.m. in Courtroom 2, 15th Floor before US District Judge Troy L. Nunley.(Yin, K)
August 12, 2016
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/11/16 ordering the deadline for filing the Joint Pretrial Statement is extended until 8/12/16. (Plummer, M)
August 15, 2016
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AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 8/12/2016 AMENDING the 202 Order and Writ of Habeas Corpus Ad Testificandum; COMMANDING the Warden to produce Michael Aaron Jayne, BOP #: 74636-065, by video conference, to participate in the Settlement Confernence set for 9/8/2016 at 09:00 AM before Magistrate Judge Kendall J. Newman, until completion of said conference or as ordered by the court; ORDERING the custodian to notify the court of any changes in custody of this inmate and to provide any new custodian with a copy of this writ. (cc: IT Sacramento) (Michel, G.)
October 21, 2016
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ORDER DISMISSING CASE signed by District Judge Troy L. Nunley on 10/20/16 ORDERING all remaining causes of action are DISMISSED with prejudice against all remaining defendants. The Clerk of the Court is directed to close the Court file in this matter. CASE CLOSED (Washington, S)