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09-2342 - (PC) Townsend v. Sisto et al


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09-2342 - (PC) Townsend v. Sisto et al
September 21, 2009
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ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 9/21/09 ORDERING pltf to submit w/in 30 days an affidavit in support of his request to proceed ifp, or the appropriate filing fee, pltf's failure to comply will result in the dismissal of Civ. No. S-09-2342; the clerk to send pltf a new ifp application; pltf's 3 request for appointment of counsel is DENIED; and the clerk is to assign a district judge to Civ. No. S-09-2412 KJM P; and RECOMMENDING that case No. CIV S-09-2412 be dismissed as duplicative. (Yin, K) Modified on 9/21/2009 (Yin, K).
November 19, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/19/09 ORDERING that petitioner's 9 motion for reconsideration is DENIED. (Yin, K)
January 6, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/6/2010 ORDERING that Plaintiff's 10 request for leave to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350 for this action. The fee shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiff's complaint is DISMISSED. Plaintiff is granted thirty days from the date of service of this order to file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, the Local Rules of Practice, and this order. The amended complaint must bear the docket number assigned this case, must be labeled "Amended Complaint," and must be limited to twenty pages. (Duong, D)
January 6, 2010
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ORDER FOR PAYMENT OF INMATE FILING FEE, signed by Magistrate Judge Kimberly J. Mueller on 1/6/10. The Director of CDCR shall collect monthly pymts from pltf's prison trust acct and shall forward these pymts to the Clerk's Office until a total of $350 has been collected and forwarded. The Clerk is directed to serve a copy of this order and a copy of pltf's IFP affidavit on the Dir of CDCR. The Clerk is directed to serve a copy of this order on the Financial Dept of the court.(Kastilahn, A)
May 4, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/03/10 ordering plaintiff's amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. Plaintiff's request for appointment of counsel 15 is denied. (Plummer, M)
June 16, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 06/15/10 ordering plaintiff's amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
June 25, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/24/10 ORDERING that the 20 order is VACATED; this action is DISMISSED; and Clerk of the Court is directed to close this case. CASE CLOSED(Dillon, M)
August 31, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/31/10 denying 23 Motion for Certificate of Appealability.(Dillon, M)
October 22, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/13 ordering within 14 days from the date of this order defendant Singh shall pay to the U.S. Marshal the sum of $58.39, unless within that time defendant Singh files a written statement showing good cause for his failure to waive service. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
October 22, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/13 ordering within 14 days from the date of this order defendant Junker shall pay to the U.S. Marshal the sum of $69.13, unless within that time defendant Junker files a written statement showing good cause for his failure to waive service. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
October 22, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/13 ordering within 14 days from the date of this order defendant Cherry shall pay to the U.S. Marshal the sum of $322.08, unless within that time defendant Cherry files a written statement showing good cause for his failure to waive service. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
October 28, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/13 DENYING 52 Motion to Appoint Counsel. (Dillon, M)
February 27, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/27/14 denying 56 Motion to Compel. Plaintiff's request for the appointment of counsel is denied. Plaintiff's request that the court extend the discovery deadline so that he may depose defendants is denied. Defendants may depose plaintiff within 21 days of this order. (Plummer, M)
March 20, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/20/14 ordering plaintiff's request that the court direct the clerk of court to issue 10 subpoenas 59 is denied. Plaintiff's request that the court direct the clerk of court to provide plaintiff with a status report to the pending motion before this court is denied. Plaintiff's request that the court order defendants Cherry, Junker and Singh to file their answer is denied. Plaintiff's request that the court reconsider the 02/27/14 denial of his 1/24/14 motion to compel is denied. (Plummer, M)
September 24, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/24/14 denying 65 Motion to Appoint Counsel. Plaintiff shall file his pretrial statement within 30 days of this order. Defendants shall file their pretrial statement within 14 days of service of plaintiff's. (Plummer, M)
November 26, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/26/14 ORDERING that Joshua Kaizuka is appointed as counsel for plaintiff for the limited purpose of meeting with plaintiff, assisting plaintiff with interviewing any witnesses counsel determines to have actual knowledge of relevant facts, and to file and serve an amended pretrial statement. Joshua Kaizuka's appointment will terminate when plaintiff's amended pretrial statement is filed. 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 Joshua Kaizuka. All outstanding motions are denied without prejudice. Plaintiffs amended pretrial statement shall be filed within 60 days. Defendants may file an amended pretrial statement within 14 days of service of plaintiffs.(Dillon, M)
December 9, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/9/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Joshua Kaizuka is GRANTED. (Crouch, J)
February 26, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/26/15 ordering that the record reflect that Ken I. Karan is the formal substitution for plaintiff in pro se and for Joshua Kaizuka, limited assignment court appointed attorney. (Plummer, M)
March 26, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/26/15 ordering plaintiff is granted 90 days to depose defendants, serve discovery requests and serve subpoenas. The response to a discovery request shall be served no later than 30 days after service of the request. Any motions to compel regarding discovery requests served after this order or depositions conducted after this order must be filed no later than 08/24/15. The deadline established in the court's 01/26/15 order for the filing of plaintiff's amended pretrial statement is vacated. (Plummer, M)
June 29, 2015
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/15. Discovery is proceeding pursuant to the Courts March 26, 2015, order. Additional time is required in order to complete ongoing discovery. The parties herein stipulate to extend the terms of the Courts March 26, 2015 order by 44 days making the new deadline to depose defendants, serve discovery requests and serve subpoenas Monday, August 8, 2015.(Dillon, M)
August 11, 2015
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STIPULATION and ORDER 89 for extension of time signed by Magistrate Judge Carolyn K. Delaney on 8/11/2015. Parties are actively engaged in settlement negotiations. Should negotiations fail, plaintiff would be potentially denied opportunity to complete Discovery. Parties stipulated terms of Court's 88 Order are EXTENDED to 9/4/2015. Any Motion to Compel must be filed no later than 11/4/2015. (Marciel, M) Modified on 8/12/2015 (Plummer, M).
September 14, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/14/15 ORDERING that Plaintiff's counsel's request for leave to withdraw leaving plaintiff pro se is denied without prejudice to renewal within 7 days. If plaintiff's counsel wishes to appear telephonically at the hearing on his motion to withdraw, he should so request in his motion. The motions filed by plaintiff pro se on August 31, 2015 (ECF No. 92 & 93) are DENIED. (Dillon, M)
September 16, 2015
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 9/16/2015 COMMANDING the Warden to produce Inmate William Townsend, Jr. (P-10944) to appear by telephonic-conferencing on 10/14/2015 at 10:00 AM at San Quentin State Prison before Magistrate Judge Carolyn K. Delaney and from day to day until completion of court proceedings or as ordered by the court; ORDERING the Warden to notify the court of any changes in custody of this inmate and to provide any new custodian with a copy of this writ; DIRECTING the Clerk of Court to serve a copy of this writ by fax on the Litigation Coordinator at San Quentin State Prison, (415) 454-6288. (Michel, G.)
October 15, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/15/15 ORDERING that Attorney Ken Karans motion to withdraw as plaintiffs counsel (ECF No. 96) is GRANTED; Plaintiff will proceed pro se; The Clerk of the Court is directed to send counsel for defendants the courts form for consenting to magistrate judge jurisdiction, and send both parties the courts notice of expedited trial setting procedures upon consent; Within 14 days, defendants shall inform the court in writing: A. Whether they are willing to consent to magistrate judge jurisdiction; B. Whether defendants would like to have this matter set for a settlement conference; C. Whether defendants are willing to waive disqualification of the undersigned for purposes of a settlement conference; C. If defendants do consent to magistrate judge jurisdiction, whether defendants would like to proceed in accordance with the courts expedited trial setting procedures; and D. Whether defendants have a copy of responses to discovery requests (approximately 60 pages long) served by them upon plaintiff on or around May 8, 2015. If defendants do have a copy of those responses, defendants shall send a copy to plaintiff within 14 days. Within 14 days, plaintiff shall inform the court in writing: A. Whether plaintiff is willing to waive disqualification of the undersigned for purposes of a settlement conference; and B. Whether plaintiff would like to proceed in accordance with the courts expedited trial setting procedures. The Clerk of the Court is directed to file under seal the document filed by plaintiff on October 2, 2015.(Dillon, M)
October 15, 2015
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NOTICE of this Court's EXPEDITED TRIAL SETTING PROCEDURES Upon Consent of All Parties signed by Magistrate Judge Carolyn K. Delaney on 10/15/15. (Dillon, M)
December 1, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2015 ORDERING the Clerk send defendants a copy of the court's form for consenting to magistrate judge jurisdiction; and defendants shall sign and return the form to the court by 5:00 p.m. on Friday.(Yin, K)
February 24, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/16 ordering that within 7 days counsel for defendants shall serve plaintiff with a copy of defendant Cherry responses to interrogatories propounded by plaintiff's former counsel Ken Karan sometime between March and May 2015 and shall file a notice of service with the court. If defendants do not have a copy of defendant Cherry's responses, counsel for defendants shall inform plaintiff and the court within 7 days. (Plummer, M)
February 24, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/23/16 ordering that plaintiff shall file his amended pretrial statement within 21 days of this order. Failure to file an amended pretrial statement which complies with the court's 10/22/13 order 51 and Local Rule 281 within 21 days will result in dismissal. Defendants shall file their amended pretrial statement within 14 days after service of plaintiff's. (Plummer, M)
June 1, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/01/16 ordering within 14 days of service of this order, the Wardens at San Quentin State Prison and the California Medical Facility shall permit plaintiff William Townsend P-10944 to communicate with Robert Polete B-84588 so that plaintiff may ascertain whether Mr. Polete is an appropriate witness for trial in this matter and whether he is willing to testify. The clerk of the court shall serve this order on the Wardens at San Quentin State Prison and the California Medical Facility. (Plummer, M)
June 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/3/2016 ORDERING exhibits 1-4 and 7-12, previously submitted, are ACCEPTED for inclusion in the Final Pretrial Order. All other exhibits previously submitted are REJECTED. Plaintiff may submit any exhibits not previously submitted, and may resubmit any exhibits the Court has rejected, within 30 days, that are relevant and material to the issues to be tried as set forth in this order. Plaintiff shall not submit legal guides, legal research, or documents that are repetitive, illegible, or are summaries of other exhibits or testimony. The total number of pages plaintiff may submit shall not exceed 100 pages. If plaintiff includes several documents together in one exhibit, as he did with the documents previously identified as exhibits 1-190, they must be organized and must include an exhibit title which applies to all of the documents included in the exhibit. Plaintiff's failure to substantially comply with all of the terms of this order will result in dismissal of this action. (Yin, K)
June 10, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/10/16 denying 130 Motion that the court order Ken Karan, Josh Kaizuka or Dave Howard to provide plaintiff with a copy of a written statement made by D. Harvest. (Plummer, M)
June 30, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 06/30/16 ORDERING the Custodian to produce William Townsend on 824/16 at 11:00 a.m, in courtroom 24 before Magistrate 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)
July 27, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/27/16 ORDERING that within 14 days of service of this order, the Wardens at San Quentin State Prison and Folsom State Prison shall permit plaintiff William Townsend (P-10944) to communicate with Duane Harvest (H-89912) so that plaintiff may ascertain whether Mr. Harvest is an appropriate witness for trial in this matter and whether he is willing to testify. The Clerk of the Court shall serve this order on the Wardens at San Quentin State Prison and Folsom State Prison by mail and facsimile. If plaintiff wishes to call Mr. Harvest as a witness at trial, he must comply with the requirements found in the courts October 22, 2013 order concerning the procedures for obtaining attendance of incarcerated witnesses at trial. If plaintiff does not comply with those requirements by the end of the August 24, 2016 trial confirmation hearing, the court will not issue a writ of habeas corpus ad testificandum for Mr. Harvests presence at trial.(Dillon, M) Modified on 7/28/2016 (Owen, K).
August 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/03/16 ordering that plaintiff's objections to the court's pretrial order 142 are overruled. (Plummer, M)
August 3, 2016
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ORDER denying 141 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 08/03/16. (Plummer, M)
August 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/03/16 ordering that plaintiff's request for judicial notice 145 is denied. (Plummer, M)
August 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/03/16 ordering that plaintiff's request that the court issue a writ of habeas corpus ad testificandum for Duane Harvest's presence at trial 143 is denied without prejudice to renewal prior to the 08/24/16 trial confirmation hearing. See 07/27/16 order 27. (Plummer, M)
August 24, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/16 ORDERING that a Settlement Conference is set for 8/29/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. The parties are instructed to have a principal with full settlement authority present at the settlement conference or to be fully authorized to settle the matter on any terms. Clerk of the Court is directed to serve a copy of this order on the Litigation Office at California State Prison, Sacramento, via facsimile at (916) 294-3072.(Dillon, M)
August 25, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/25/16 ORDERING that by no later than September 9, 2016, the Wardens at CSP Sacramento and Folsom State Prison shall permit plaintiff William Townsend (P-10944) to communicate with Duane Harvest (H-89912) so that plaintiff may ascertain whether Mr. Harvest is an appropriate witness for trial in this matter and whether he is willing to testify. The Warden at California State Prison, Sacramento (or his designee) shall provide confirmation by telephone to Courtroom Deputy Kyle Owen, (916) 930-4004, within 24 hours of plaintiff being permitted to speak with inmate Harvest. Failure to comply with this order may result in sanctions. The Clerk of the Court shall serve this order on the Wardens at California State Prison, Sacramento and Folsom State Prison by mail and facsimile. If plaintiff wishes to call Mr. Harvest as a witness at trial, he must comply with the requirements found in the courts October 22, 2103 order concerning the procedures for obtaining attendance of incarcerated witnesses at trial.(Dillon, M)
August 26, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/26/16 ORDERING that the court's June 30, 2016 pretrial order is supplemented and amended in the following respects: Trial is set for November 14, 2016 at 9:00 a.m. before the undersigned. Plaintiff may call inmate Robert Polete (B-84588) as a witness at trial. The court will issue a writ of habeas corpus ad testificandum to the warden at Mr. Polete's place of incarceration for his presence at trial. Any motions in limine must be filed no later than October 24, 2016. Oppositions to motions in limine must be filed no later than November 7, 2016. Trial briefs shall be filed no later than October 31, 2016. Proposed voir dire and proposed jury instructions must be filed no later than November 7, 2016. (Please see order for further details.)(Dillon, M)
March 1, 2017
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 3/1/2017 ORDERING the custodian to produce William Townsend P-10944, to appear by telephonic conferencing at 10:00 a.m. on 3/15/2017, before Judge Carolyn K. Delaney; 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 SQ Warden and the Litigation Coordinator. (Yin, K)