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10-2132 - (PC) Lucero v. Mayberg et al


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10-2132 - (PC) Lucero v. Mayberg et al
October 8, 2010
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ORDER denying 3 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 10/8/10. (Kaminski, H)
January 25, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/25/12 ORDERING the clerk of court shall assign a District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that the motion to dismiss filed on 03/03/11 18 be brought by defendants Benchman, DeMorales, Griffith, Holt, Knapp, Mayberg, Mills, Radavsky, Vazquez, Walker and the State of California be granted with respect to dismissal of plaintiff's Eighth Amendment claims. Plaintiff is granted leave to amend as to these claims against individual defendants within 21 days. The motion to dismiss filed on 05/04/11 23 borught by defendants County of San Luis Obispo, Patrick Hedges, Robert Thompson, and Kelly Kenitz be granted as to any claims arising under the Eighth Amendment with leave to amend within 21 days. The individual defendants be dismissed from plaintiff's claims under the ADA and RLUIPA, and these claims proceed only against defendant State of California(injunctive relief claims only under RLUIPA); The motion to dismiss filed on 03/03/11 18 brought by defendants Benchman, DeMorales, Griffith, Holt, Knapp, Mayberg, Mills, Radavsky, Vazquez, Walker and State of California, further be granted in part and denied in part: A) Granted with prejudice as to plaintiff's 1983 claims against defendant State of California; B) Granted as to plaintiff's claims under 1983 against defendants Griffith, Holt, Mills, Benchman as to claim V (Personal Property) altogether; C) Denied as to plaintiff's claims implicatiing a federal liberty interest against the following: defendants Mayberg, DeMorales and Knapp in claims I, II and III; defendant Radavsky in claims I and III, defendant Holt in claim III; D) Denied as to defendants Vazquez and Walker in claim IV, as to plaintiff's claims implicating a federal liberty interest; E) Granted with respect to all defendants as to plaintiff's claims of a violation of his Equal Protection rights and right to privacy under the 14th Amendment. The motion to dismiss filed on 05/04/11 23 borught by defendants County of San Luis Obispo, Patrick Hedges, Robert Thompson and Kelly Kenitz be denied with respect to plaintiff's claim of a violation of his constitutional rights to the extent plaintiff was retained in the custody of the County's jail without due process based on a federal liberty interest arising from state statute. Motions to Dismiss 18, 23 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
March 30, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/30/2012 ORDERING 32 Findings and Recommendations are ADOPTED in full; Defendants Schwarzenegger/Brown and Cate are DISMISSED from all claims; 18 Motion to Dismiss brought by defendants Benchman, DeMorales, Griffith, Holt, Knapp, Mayberg, Mills, Radavsky, Vazquez, Walker and the State of California is GRANTED in part and DENIED in part (see Order for details); Plaintiff is GRANTED leave to amend as to individual defendants within 21 days; 23 Motion to Dismiss brought by defendants County of San Luis Obispo, Patrick Hodges, Robert Thompson and Kelly Kenitz is GRANTED in part and DENIED in part with leave to amend within 21 days (see Order for details.) (Waggoner, D)
May 15, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 05/15/12 ordering that all parties are to inform the court, within 14 days, whether they are amenable to settlement negotiations and, if so, whether they are willing to waive disqualification of the undersigned judge to preside over the settlement conference. (Plummer, M)
June 1, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING the counsel for the county defendants is DIRECTED to re-serve the 37 answer by mail upon plaintiff within 7 days. (Yin, K)
June 6, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/12 VACATING 48 Motion for TRO without prejudice. (Manzer, C)
June 22, 2012
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son. (IT Dept.). (Meuleman, A)ORDER signed by Magistrate Judge Gregory G. Hollows on 6/21/12 ORDERING this case to be SET for mediation on 9/18/12 at 9:00 a.m., in Courtroom #2, at the U.S. District Court, 501 I Street, Sacramento, Ca 95814. Plaintiff SHALL personally attend via video conference. Lead counsel for both the state and county defendants along with, as to each set of defendants, a person with full and unlimited authority to negotiate and enter into a binding settlement on behalf of defendants shall attend in per
June 22, 2012
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 6/21/12 ORDERING the Custodian to produce Ronald J. Lucero via video conferencing at 9:00.m. on 9/18/12 in Courtroom #2 before Joe Ramsey. 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). (Meuleman, A) Modified on 6/22/2012 (Meuleman, A).
July 6, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/5/2012 ORDERING that the deadlines for completing discovery and filing dispositive motions are VACATED and reset, if necessary, after the parties conclude their mediation conference; defendants shall report the outcome of the mediation conference to the court forthwith after the completion of the conference. (Yin, K)
July 12, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/11/12 DENYING 54 Motion to Appoint Counsel. (Dillon, M)
October 9, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/12 ORDERING that this case is set for a settlement conference on December 5, 2012, at 9:30 a.m. in Courtroom #9 before the undersigned. Plaintiff shall personally attend, via video conference. (Dillon, M)
October 9, 2012
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[VACATED PURSUANT TO 11/09/12 ORDER]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 10/9/12 ORDERING the Custodian to produce Ronald J. Lucero via video conferencing at 9:30 am on December 5, 2012 before Judge Gregory G. Hollows. 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) Modified on 11/9/2012 (Plummer, M).
November 9, 2012
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RELATED CASE ORDER signed by Magistrate Judge Gregory G. Hollows on 11/09/12 ordering that the action denominated Lucero v. Stanton, No. 2:12-cv-0146 CKD be reassigned to Judge Lawrence K. Karlton and Magistrate Judge Gregory G. Hollows for all further proceedings. Henceforth, the caption on documents filed in the reassigned case shall be shown as Lucero v. Stanton, No. 2:12-cv-0146 LKK GGH P. The dates currently set in this reassigned case are vacated. The settlement conference in Lucero v. Mayberg, No. 2:10-cv-2132 LKK GGH P, set for 12/05/12 before the undersigned is hereby vacated. The writ of habeas corpus ad testificandum for plaintiff to appear for the now-vacated December 5th settlement conference is also vacated. All parties in both actions must contact the court's Alternative Dispute Resolution Coordinator, Sujean Park, phone number 916-930-4278 within 21 days to coordinate a settlement conference date to include the parties in both cases. It is further ordered that the clerk of the court serve a copy of this order vacating, inter alia, the order and writ of habeas corpus ad testificandum filed on 10/19/12 upon the Director, Atascadero State Hospital, PO Box 7001, Atascadero, California, 93423 and make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Plummer, M)
November 27, 2012
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ORDER signed by Magistrate Judge Allison Claire on 11/26/12 ordering the request of defendant County of San Luis Obispo, to substitute Douglas C. Smith, ESQ of the Smith Law Offices, APC, 4204 Riverwalk Parkway, Suite 250, Riverside, CA 92505; 951-509-1355 who is retained counsel as attorney of record in place and stead of Douglas C Smith, Esq. of Smith Mitchellweiler LLP is hereby granted. (Plummer, M)
December 6, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/6/2012 ORDERING that plaintiff's 11/8/2012 motion to quash defendants' subpoena for plaintiff's medical records in Case No. 2:12-cv-0146 (Doc. No. 13) is DENIED as moot. (Zignago, K.)
December 11, 2012
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e; defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person; parties to provide a confidential settlement statement to ADR Coordinator no later than 3/15/2013. (cc: GGH, ADR)(Yin, K)ORDER signed by Magistrate Judge Allison Claire on 12/10/2012 ORDERING that this case is SET for a settlement conference on 3/27/2013 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; plaintiff to attend via video conferenc
December 11, 2012
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/10/2012 ORDERING the Director to produce Ronald J. Lucero #052130-2, to appear by video-conferencing at the USDC at 9:00 AM on 3/27/2013 in courtroom #9, before Judge Gregory G. Hollows; 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; and the clerk to serve a copy of this order and writ on the Director of Atascadero State Hospital. (cc: IT, GGH) (Yin, K)
January 25, 2013
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otion will be deemed submitted following the expiration of time for plaintiff to file a reply.(Mena-Sanchez, L)ORDER signed by Magistrate Judge Allison Claire on 1/25/13. Defendants in Case No. 2-12-cv-0146 LKK AC P are directed to file their response to the motion within fourteen days, after which Plaintiff will have fourteen days to file any reply. The m
February 27, 2013
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/27/13 ORDERING that the Clerk of Court serve plaintiff with these Findings and Recommendations both at his address of record and at the following address: Solano County Justice Center Detention Facility; RECOMMENDING that plaintiffs motion for a temporary restraining order or preliminary injunction in Case No. 2:12-cv-0146 (ECF No. 21 ) be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (Dillon, M)
April 8, 2013
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ORDER ADOPTING 77 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Lawrence K. Karlton on 4/8/2013. Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction in 2:12-CV-0146 (ECF no. 21) is DENIED. (Marciel, M)
May 16, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/16/2013 ORDERING that the court finds that plaintiff's appeal is frivolous and therefore not taken in good faith. Plaintiff's in forma pauperis status therefore should not continue for this appeal. The Clerk shall serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. (cc: USCA) (Zignago, K.)
January 16, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/15/14 ordering pursuant to FRCP 41(a)(1)(A)(ii) the action is dismissed. CASE CLOSED. (Plummer, M)