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12-261 - (PC) Anderson v. Kelso, et al.


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12-261 - (PC) Anderson v. Kelso, et al.
January 31, 2012
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ORDER OF TRANSFER TRANSFERRING CASE to the United States District Court for the Eastern District of California. The Clerk of the Court shall transfer this case forthwith. All remaining motions are TERMINATED on this Court's docket as no longer pending in this district. Signed by Judge Yvonne Gonzalez Rogers on 1/31/2012. (Attachments: # (1) Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/31/2012) [Transferred from cand on 1/31/2012.]
April 3, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2012 ORDERING that plaintiff's 12 request to proceed IFP is GRANTED; plaintiff to pay the $350.00 filing fee with an initial partial filing fee in accordance with the concurrent CDC order; claims against all defendants except for defendants Pearsall, Pomozal and Royston are DISMISSED with leave to amend within 30 days, plaintiff is not obliged to amend his complaint; the allegations are sufficient to state a potentially cognizable claim against defendants Pearsall, Pomozal and Royston; the clerk is to send plaintiff forms for service which plaintiff may complete and return within 30 days, plaintiff to return the Notice of Submission or Amendment with response; plaintiff's 16 motion for an extension of time, 17 motion for appointment of counsel, 18 motion to consolidate cases, 19 motion for a summons, 21 motion to have this action transferred, 24 motion for law library access, 29 motion for a ruling on his complaint, and 32 motion to amend his complaint are DENIED. (Yin, K)
April 3, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Samuel Anderson signed by Magistrate Judge Kendall J. Newman on 3/30/2012. CDC is to collect an initial partial filing fee and thereafter the balance and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
May 25, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/12 ORDERING that the Clerk of the Court is directed to serve this order and Dkt. Nos. 23, 30 and 40 on Supervising Deputy Attorney General Monica Anderson; Defendants may file a response to plaintiffs requests for reinstatement of his pain medication within fourteen days of the date of this order. (Dillon, M)
May 31, 2012
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M)ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for Cummings, Hoffman, J. Clark Kelso, Lee, Pearsall, Pomozal, Royston, Stovall, Dorothy Swingler. Clerk to send plaintiff: 1 Summons, 9 USM-285 Forms, and 1 copy of the Amended Complaint filed on 4/18/12. Plaintiffs motion for legal copies and for a ruling on his motions for injunctive relief 38 is DENIED; Plaintiffs motion for the U.S. Marshal to pick up his mail 39 is DENIED; Plaintiffs motion for the U.S. Marshal to serve his complaint 43 is DENIED; Plaintiffs motion for a postal inspection 44 is DENIED; Plaintiffs motion for a court order 47 is DENIED.(Dillon,
May 31, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/30/12 RECOMMENDING that the claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiffs second amended complaint be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
June 22, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2012 GRANTING plaintiff's 57 motion for appointment of counsel; and the clerk is to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR) (Yin, K)
June 25, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/22/12 RECOMMENDING that 28 and 30 Motions for injunctive relief be denied as moot. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
July 20, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/19/12 granting 69 Motion for Extension of time. Plaintiff is granted 30 days to file objections to the 06/25/12 findings and recommendations. Plaintiff's motion for permission to enter other housing units to obtain declarations from other prisoners 68 is denied. (Plummer, M)
August 2, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/02/12 denying 71 Motion for Extension of time. Plaintiff's motion for a court order granting him permission to obtain declarations 72 is denied. Plaintiff's 07/27/12 letter, docketed as a motion 73 is disregarded. (Plummer, M)
August 6, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/3/12 RECOMMENDING that 65 MOTION regarding retaliation, construed as a motion for injunctive relief, be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
August 24, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/12 ORDERING that Chijioke Ikonte is appointed as counsel in this matter. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at [email protected] if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Chijioke Ikonte, Akudinobi & Ikonte, 3540 Wilshire Boulevard, Suite 850, Los Angeles, California 90010. (Mena-Sanchez, L)
September 21, 2012
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ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 09/20/12 and ORDERING that plaintiff's 28, 30 Motions for Injunctive Relief are DENIED AS MOOT. (Benson, A.)
October 17, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2012 VACATING plaintiff's 77 motion to compel, motion for protective order and motion for summary judgment. (Yin, K)
December 5, 2012
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ORDER signed by Chief Judge Morrison C. England, Jr on 12/04/12 adopting 51 FINDINGS AND RECOMMENDATIONS. The claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiff's second amended complaint are dismissed. (Plummer, M)
January 9, 2013
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ORDER adopting in full 75 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 1/8/13. Plaintiff's 65 motion regarding retaliation, construed as a motion for injunctive relief, is denied. (Kastilahn, A)
January 10, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/2013 DENYING, without prejudice, plaintiff's 92 motion ; and the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-LAC. (Yin, K)
February 28, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/27/13 ORDERING that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure to file an opposition will be deemed as consent to have the pending motion granted based on plaintiffs failure to comply with these rules and a court order. Such failure shall result in a recommendation that defendant Kelsos motion for summary judgment be granted.(Dillon, M)
February 28, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/27/13 DENYING without prejudice 105 Motion for Preliminary Injunction ; Clerk of the Court is directed to serve a copy of this order on plaintiff, Samuel Anderson, V-84409, California State Prison, P.O. Box 8457, Lancaster, CA 93539. (Dillon, M)
April 11, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/10/13 vacating 101 Motion for Summary Judgment and denying 110 Motion for Extension of time. Within 21 days, defendant Kelso shall file the motion to dismiss and summary judgment motion as discussed above. (Plummer, M)
May 3, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/02/13 disregarding 112 Motion for adequate pain medication. The clerk of the court shall serve a copy of this order on plaintiff Samuel Anderson, V-84409, California State Prison Los Angeles County, PO Box 8457, Lancaster, California 93539. (Plummer, M) (Copy of this order served by mail on plaintiff at the address above) Modified on 5/3/2013 (Plummer, M).
May 24, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2013 ORDERING that within 7 days, plaintiff's counsel shall SHOW CAUSE why sanctions should not be imposed for his failure to appear at the 5/23/13 hearing; plaintiff's counsel shall also inform the court of his availability to personally appear at a hearing before Magistrate Judge Kendall J. Newman on 6/27/13, 7/11/13 or 7/18/13 at 10:00 am.. (Yin, K)
June 24, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/13 granting 132 Motion to appear telephonically at the 07/11/13 hearing. (Plummer, M)
July 12, 2013
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fendant Kelso with any discovery; plaintiff is not permitted to serve the other defendants with any written discovery; but on or before 07/26/13, plaintiff's counsel shall file the statement discussed above regarding proposed depositions; and defendants may file a response to plaintiff's statement on or before 08/02/13. On or before 08/02/13, plaintiff's counsel shall file the briefing discussed above regarding his client's filings. The deadline for filing dispositive pretrial motions is set for 11/15/13; oppositions are due 30 days thereafter; replies to oppositions are due 14 days thereafter. For the reasons discussed above, plaintiff's counsel is ordered to pay sanctions of $100.00 on or before 07/26/13. (Plummer, M) Modified on 7/15/2013 (Plummer, M).ORDER signed by Magistrate Judge Kendall J. Newman on 07/12/13 defendants' motion to take plaintiff's deposition by videoconference 116 is granted; the deposition shall occur no later than 09/11/13; on or before 07/19/13, defense counsel shall provide plaintiff's counsel with his proposed date for the deposition; on or before 07/26/13, plaintiff's counsel shall inform the defense counsel which date he has chosen; the court reporter shall attend the deposition at the prison wher plaintiff is housed. On or before 07/26/13, plaintiff shall file either statements of non-opposition or oppositions to defendant Kelso's motion to dismiss 117 and motion for summary judgment 118; defendant Kelso may file a reply to plaintiff's oppositions on or before 08/09/13; these motions will not be set for hearing at this time. Defendants' motion to compel 119 is granted; on or before 08/02/13, plaintiff shall provide defendants with responses to the at-issue interrogatories and requests for production of documents; all objections are waived other than attorney-client privilege. Plaintiff's motion for extension of time to conduct discovery 121 is denied in part; plaintiff is not permitted to serve de
July 31, 2013
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FINDINGS and RECOMMENDATIONS, recommending that defendant Kelso's Motions 117 to Dismiss and 118 for Summary Judgment be granted, signed by Magistrate Judge Kendall J. Newman on 7/31/2013. Motions 117, 118 referred to District Judge Morrison C. England, Jr. Within 14 days after being served with F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M) Modified on 8/1/2013 (Plummer, M).
August 8, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/13 ordering plaintiff's request to depose Dr. Lee and Cummings is granted; plaintiff's request to depose Dr. Swingle is denied without prejudice; these depositions shall be conducted within 30 days from the date of this order. Within 7 days from the date of this order, plaintiff shall file a short pleading addressing when his expert witness will be available for report and deposition. Within 7 days from the date of this order, plaintiff shall file a statement regarding his client's filings. Failure to comply with this order will result in the imposition of sanctions. (Plummer, M)
August 22, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2013 DISREGARDING plaintiff's 128 motion for pain medication and 131 motion for emergency intervention. (Yin, K)
August 28, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2013 ORDERING that plaintiff may depose defendants Lee and Cummings on or before 10/8/2013; these depositions will occur either at or near High Desert State Prison or via video conference. (Yin, K)
October 9, 2013
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ORDER ADOPTING 138 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 10/8/13 and GRANTING Defendant Kelso's 117 Motion to Dismiss and 118 Motion for Summary Judgment.(Manzer, C)
October 21, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 ordering that pursuant to the stipulation by the parties, the time to complete the depositions of Dr. Cummings and Dr. Lee is extended from 10/08/13 to 11/14/13. The depositions shall be taken at or near High Desert State Prison where the defendants are employed or via video conference. (Plummer, M)
November 21, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/13 GRANTING 152 Motion to extend the time to file pretrial dispositive motions; the deadline to file dispositive motions is extended from November 15, 2013, to February 14, 2014.(Dillon, M)
January 6, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2014 ORDERING plaintiff's attorney's request for authority to incur costs ($3,000) by appointed pro bono counsel Chijioke Ikonte is GRANTED. (Crouch, J)
January 8, 2014
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Anderson V-84409, California State Prison Lancaster, PO Box 8457, Lancaster, California, 93539. (Copy of this order served by mail on plaintiff at CSP-Lancaster) (Plummer, M)ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/14 ordering plaintiff's motion for abandonment 154 and motion to diligence 156 are disregarded. The clerk of the court is directed to serve a copy of this order on plaintiff Samuel
January 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/2014 DISREGARDING plaintiff's 160 motion for change of venue; and the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-Lancaster. (Yin, K)
May 12, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/12/14 RECOMMENDING that Defendants Hoffman and Pearsall be dismissed; Defendants summary judgment motion (ECF No. 162) be granted as to defendants Pomazal, Cummings and Royston; and Defendants summary judgment motion (ECF No. 162) be denied as to defendants Swingle, Lee and Stovall. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
June 25, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/2014 ADOPTING 178 Findings and Recommendations in full. Defendants Hoffman and Pearsall are DISMISSED. Defendants' 162 Motion for Summary Judgment is GRANTED as to defendants Pomazal, Cummings and Royston and DENIED as to defendants Swingle, Lee and Stovall. (Donati, J)
January 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2015 DISREGARDING plaintiff's 185 motion of abandoment; the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-Lancaster; the Clerk shall serve a copy of plaintiff's "Second Motion of Abandonment" on plaintiff's counsel; and within 30 days, plaintiff's counsel shall file a brief statement with the court that he has been in communication with his client. (Yin, K)
July 2, 2015
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s listed by the parties in their pretrial statements, which shall be completed by September 18, 2015.(Dillon, M)ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/15 ORDERING that Defendants' request to amend the pretrial order is GRANTED; The pretrial order is amended as follows: Discovery is closed, except for depositions of expert witnesse
October 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/30/15 ordering that plaintiff's request for medical records of non-party inmates is denied. (Plummer, M)
October 9, 2015
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/08/15 regarding confidential material. (See order for further details) (Plummer, M)
January 20, 2016
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Morrison C. England, Jr.; 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 Out-to-Court ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/20/2016 ORDERING the custodian to produce Samuel Anderson #V-84409, to testify in USDC at 9:00 a.m. on 3/14/2016 in courtroom 7, before Judge Desk and Warden. (cc: OTCD-SAC) (3 Certified copies served by mail on the CSP-LAC Warden) (Yin, K)
March 16, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr on 3/14/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Chijioke O. Ikonte is GRANTED. (Crouch, J)
March 22, 2017
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 3/21/2017 ORDERING that Defendants' 256 Motion for Judgment as a Matter of Law, or in the Alternative, for New Trial is DENIED. Plaintiff's 258 Motion for Attorneys' Fees is GRANTED in part and DENIED in part, consistent with the foregoing, and Plaintiff is awarded $101,251.44 in attorneys' fees and $13,998.04 in associated costs. Twenty-five percent of Plaintiff's judgment shall go to pay the aforementioned fee award. Plaintiff's pro se 271, 272, 273, 274 Motions are DENIED as improperly before the Court. (Zignago, K.)