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11-2296 - (PC) Davis v. High Desert State Prison et al


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11-2296 - (PC) Davis v. High Desert State Prison et al
September 2, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/1/2011. Plaintiff shall submit, w/in 30 days from date of Order, a completed Application to Proceed In Forma Pauperis or the appropriate filing fee. Clerk directed to send plaintiff a new IFP form. (Marciel, M)
September 2, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/1/2011 DENYING plaintiff' 3 Motion for Appointment of Counsel. (Marciel, M)
September 22, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/22/2011 GRANTING 7 plaintiff's Motion to Proceed in forma pauperis; pltf is required to pay the full statutory filing fee of $350.00 for this action. (Reader, L)
September 22, 2011
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 9/22/2011 ORDERING payments be made from Prison Account of Terrence L. Davis; the Clerk of the Court is directed to serve a copy of this order, a copy of the court's order granting in forma pauperis status, and a copy of pltf's signed ifp affidavit to the address shown above; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc: CDC, CFS) (Attachments: # (1) IFP Affidavit)(Reader, L)
September 19, 2012
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ORDER signed by Magistrate Judge Craig M. Kellison on 09/18/12 ordering plaintiff's motion for temporary restraining orders, or preliminary injunction 14, 15 are denied. (Plummer, M)
December 13, 2013
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/12/13 denying 42 Motion for default and denying 45 Motion for Extension of time. (Plummer, M)
December 13, 2013
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/12/13 ordering that the clerk of the court is directed to randomly assign a District Judge to this case and to update the docket to reflect the new case number. U.S. District Judge Garland E. Burrell randomly assigned to this action. The new case number is 2:11-cv-2296 GEB CMK (PC). (Plummer, M)
February 7, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 02/07/14 recommending that defendants' motions to dismiss 39, 40 be granted in part and denied in part. Plaintiff failed to exhaust his claims relating to his wheelchair, requested MRI, and pain specialist referral, and those claims should be dismissed. Plaintiff's claims regarding his pain medication sufficiently state a claim for deliberate indifference to his medical condition, and the motion to dismiss those claims should be denied. Plaintiff's claim for violation of his due process rights relating to his prison disciplinary hearing is insufficient, and the motion to dismiss this claim should be granted. Plaintiff's claim for violation of his Eighth Amendment rights relating to alleged threats against him is insufficient, and the motion to dismiss this claim should be granted. Defendants are not entitled to qualified immunity at this stage of the proceedings. As the only claims aginst defendants Vitvitski, Qualls, and Amero are insufficient or unexhausted, these defendants should be dismissed from this action. This action should proceed as to plaintiff's Eighth Amendment claims relating to his pain medication against defendants Clark, Abdur-Rahman, Pomazal, and Burgett only. The remaining defendants should be directed to file an answer within 30 days of the adoption of these findings and recommendations. Motions 39 and 40 referred to Judge Garland E. Burrell. Objections due within 20 days. (Plummer, M) Modified on 2/12/2014 (Plummer, M).
March 26, 2014
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ORDER adopting in full 53 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 3/26/14. Defendants' motions to dismiss (Docs. 39, 40) are GRANTED in PART and DENIED in PART. Plaintiff failed to exhaust his claims relating to his wheelchair, requested MRI, and pain specialist referral, and those claims are DISMISSED. Plaintiff's claims regarding his pain medication sufficiently state a claim for deliberate indifference to his medical condition, and the motion to dismiss those claims is DENIED. Plaintiff's claim for violation of his due process rights relating to his prison disciplinary hearing is insufficient, and the motion to dismiss that claim is GRANTED. Plaintiff's claim for violation of his Eighth Amendment rights relating to alleged threats against him is insufficient, and the motion to dismiss that claim is GRANTED. Defendants are not entitled to qualified immunity at this stage of the proceedings. Defendants Vitvitski, Qualls, and Amero are DISMISSED from this action. This action shall proceed as to plaintiff's Eighth Amendment claims relating to his pain medication against defendants Clark, Abdur-Rahman, Pomazal, and Burgett only. Defendants Clark, Abdur-Rahman, Pomazal, and Burgett shall file an answer to the complaint within 30 days of the date of this order. (Kastilahn, A)
October 30, 2014
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/29/14 denying Motions to Appoint Counsel 63,64. (Plummer, M)
September 9, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/9/2015 GRANTING 83 Request for Extension of Time. Plaintiff's Opposition to Defendants' Motion for Summary Judgment shall be filed within 30 days of the date of this order. (Donati, J)
August 10, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/10/2016 DENYING plaintiff's 85, 87 motions for competency determination hearing; and plaintiff's opposition to defendants' motion for summary judgment shall be filed within 30 days. (Yin, K)
January 23, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 1/20/17 recommending that defendants' motion for summary judgment 70 be granted; and the clerk of the court be directed to enter judgment and close this case. Motion for Summary Judgment 70 referred to Judge Garland E. Burrell. Objections due within 20 days. (Plummer, M)
March 1, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/1/2017 GRANTING plaintiff an additional 20 days to file objections to the 1/23/2017 findings and recommendations. IT IS RECOMMENDED that plaintiff's 94 motion for injunction be denied. Motion referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)