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09-1028 - (PC) Chatman v. Felker et al


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09-1028 - (PC) Chatman v. Felker et al
May 12, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/12/09 ordering plaintiff shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of court or the appropriate filing fee. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
September 17, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 09/16/09 granting 8 Motion to Proceed IFP. Plaintiff is obligated to pay the $350.00 filing fee for this action to be paid in accordance with the court's CDC order filed concurrently herewith. Service is appropriate for defendants: Williams, Patton, Uribe, Smith, Harrod, Simpson, Keating, based on claims as alleged: and Craddock, Probst, Felker, McDonald, Perez, Harper, Shaver, Griffith and Peddicord only insofar as the complaint alleges retaliation and intentional infliction of emotional distress claims. The clerk of the court shall send plaintiff 16 USM-285 forms, 1 summons, instruction sheet and a copy of the 04/16/09 complaint to be completed and returned within 30 days. (Plummer, M)
September 17, 2009
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Charles Chatman signed by Magistrate Judge Kimberly J. Mueller on 09/16/09. CDC is to collect payments from plaintiff's account and forward to the clerk unitl the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
October 13, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/13/09 ORDERING that Clerk of the Court is directed to return the two filled-out USM forms andtwo copies of the complaint to plaintiff; Clerk is directed to serve a copy of this order and of docket no. 13 on Monica Anderson, Supervising Deputy Attorney General; The court requests Ms. Anderson to report to the court, within thirty days, whether the policy attached to docket number 13 is the current policy at HDSP and, if so, what provisions are available for someone in plaintiff situation; Plaintiffs motion for an ordering directing prison officials to make copies 13 is DENIED without prejudice; and plaintiffs motion for an order directing service on defendant Amero 14 is DENIED. (cc Monica Anderson) (Dillon, M)
December 2, 2009
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ORDER and ORDER DIRECTING SERVICE BY THE USM, signed by Magistrate Judge Kimberly J. Mueller on 12/2/09. The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the complaint, and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dfts Williams, Patton, Uribe, Smith, Harrod, Simpson, Keating, Craddock, Probst, Felker, McDonald, Perez, Harper, Shaver, Griffith and Peddicord of the commencement of this action. The Clerk is directed to serve upon pltf a copy of the Local Rules of Court. (Kastilahn, A)
June 4, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 06/03/10 ordering plaintiff's motion to dismiss defendant Simpson from the action 27 is granted. Plaintiff's motion for court intervention 30 is denied without prejudice. Plaintiff's motion for an extension of time 31 is granted. Plaintiff is granted 30 days from the date of this order in which to file and serve an opposition to defendants' motion to dismiss. Defendants' reply, if any, shall be filed 7 days thereafter. (Plummer, M)
October 22, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/21/2010 DENYING pltf's 35 motion for court intervention. (Yin, K)
September 12, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/12/11 ORDERING that the dfts' request for evidentiary hearing is DENIED; RECOMMENDING that the dfts' 29 Motion to Dismiss be granted in part and denied in part and that the remaining dfts be ordered to answer within 20 days of resolution of motion to dismiss. Motion referred to Judge John A. Mendez. Objections due within 21 days. (Manzer, C)
November 17, 2011
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st arising out of events occurring 06/07/07 43 is vacated. Defendants request that the court hold an evidentiary hearing is granted. The issue to be addressed at the hearing is whether plaintiff participated in an interview occurring on or about 08/12/07 with Sergeant Harrod concerning first level review of grievance No. HDSP 07-2687. The hearing will be held on 12/13/11 at 9:00 a.m. Defendants may call Sergeant Harrod as a witness. Plaintiff may call himself. The parties may not offer aORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/11 ordering the court's recommendation that defendants 04/22/10 motion to dismiss be denied with respect to plaintiff's First Amendment claims against defendants Craddock and Probny exhibit at the evidentiary hearing which was not submitted to the court with briefing concerning defendants' 04/22/10 motion to dismiss absent a showing of good cause why the exhibit was not submitted with said briefing. (Plummer, M)
November 17, 2011
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 11/16/11 ORDERING the custodian to produce Charles Chatman at 12/13/11 at 9:00 a.m. in courtroom 26 before Judge Carolyn K. Delaney. 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 16, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/15/11 RECOMMENDING that 29 MOTION to Dismiss be granted with respect to plaintiffs First Amendment claims against defendants Craddock and Probst concerning events occurring June 7, 2007; and Defendant Craddock be dismissed from this action. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Dillon, M)
March 28, 2012
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ORDER signed by Judge John A. Mendez on 3/27/2012 ADOPTING 43, 59 Findings and Recommendations; GRANTING in part, DENYING in part 29 Motion to Dismiss; TERMINATING Defendants D. Peddicord, D. Shaver, Craddock, and D. Griffith. (Michel, G) Modified on 3/29/2012 (Michel, G).
April 2, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/02/12 ordering that defendants Williams, Uribe, Smith, Harrod, Keating, Probst, Felker, McDonald, Perez and Harper file their answer to plaintiff's remaining claims within 14 days. (Plummer, M)
April 3, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/02/12 recommending that defendant Patton's 01/03/12 motion to dismiss be granted with respect to plaintiff's first amendment claim, and denied as to plaintiff's Eighth Amendment claim. Defendant Patton be ordered to file his answer within 14 days of any order adopting the foregoing findings and recommendations. Motion to Dismiss 65 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
June 15, 2012
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ORDER signed by Judge John A. Mendez on 6/14/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/3/12 78 are ADOPTED in full; Defendant Patton's 1/3/12 Motion to Dismiss 65 is GRANTED with respect to Plaintiff's First Amendment Claim, and DENIED, as to Plaintiff's Eight Amendment Claim. (Mena-Sanchez, L)
June 18, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/18/12 ordering in light of the fact that defendant Patton's motion to dismiss was recently denied, defendant Patton is hereby directed to file his answer within 14 days. (Plummer, M)
August 23, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/23/12 granting 87 Motion to conduct plaintiff's deposition via videoconference. (Plummer, M)
October 22, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/22/12 ordering defendants may complete plaintiff's deposition by 11/16/12. (Plummer, M)
May 29, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/28/2013 ORDERING plaintiff to submit page 24 of his complaint within 14 days.(Yin, K)
June 26, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/2013 DENYING defendants' 101 motion to compel, without prejudice, to a renewal within 14 days. (Yin, K)
July 9, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/08/13 regarding 99 Motion to Compel discovery. (See order for further details) (Plummer, M)
February 6, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/6/2014 RECOMMENDING that defendant Patton's 118 motion for summary judgment be denied. Referred to Judge John A. Mendez; Objections due within 14 days.(Yin, K)
February 25, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/25/14 recommending that defendant Felker, Harper, Harrod, Keating, McDonald, Perez, Probst, Smith, Uribe and Williams's motion for summary judgment 120 be granted in part and denied in part. Plaintiff's remaining first amendment retaliation claims againts defendants Felker, McDonald, and Perez described in "Count 10" of plaintiff's complaint be dismissed for failure to exhaust administrative remedies resulting in Felker, McDonald and Perez being dismissed from this action. MOTION for SUMMARY JUDGMENT 120 referred to Judge John A. Mendez. Objections due within 14 days.. (Plummer, M)
April 16, 2014
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ORDER signed by Judge John A. Mendez on 4/15/14 ORDERING that Defendant Felker, Harper, Harrod, Keating, McDonald, Perez, Probst, Smith, Uribeand Williams' 120 Motion for Summary Judgment is GRANTED in part and DENIED in part. Plaintiff's remaining First Amendment retaliation claims against defendants Felker, McDonald and Perez described in Count Ten of plaintiff's complaint are dismissed for failure to exhaust administrative remedies resulting in Felker, McDonald and Perez being dismissed from this action.(Mena-Sanchez, L)
May 20, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/20/14 ordering ( Settlement Conference set for 6/9/2014 at 11:00 AM in US District Court 510 19th Street before Magistrate Judge Jennifer L. Thurston.) Each party shall provide a confidential settlement statement to Sujean Park, ADR Division, 501 I Street, Suite 4-200, Sacramento, CA 95814 or by email to [email protected] so they arrive no later than 05/30/14 and file a notice of submission of confidential settlement statement. (See order for further details)(cc: JLT and ADR Director) (Plummer, M)
May 20, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 05/20/14 ordering the custodian to produce Charles Chatman on 06/09/14 at 11:00 a.m. before Magistrate Judge Jennifer L. Thruston at the U.S. District Court, 510 19th Street, Bakersfield, CA, 93301. 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, JLT, USM)(Plummer, M)
June 11, 2014
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ORDER ADOPTING 143 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 6/10/2014. Defendant W. Patton's 118 Motion for Summary Judgment is DENIED. (Marciel, M)
July 3, 2014
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STIPULATION AND ORDER signed by Judge John A. Mendez on 7/2/14 ORDERING that this Action is DISMISSED with prejudice. CASE CLOSED. (Mena-Sanchez, L)