Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

12-823 - (PC) Pitts v. Davis et al


Download Files

Metadata

Document in Context
12-823 - (PC) Pitts v. Davis et al
April 25, 2012
PDF | More
ORDER signed by Magistrate Judge Gregory G. Hollows on 04/25/12 granting 2 Motion to Proceed IFP. Plaintiff is obligate to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's claims against defendants State of California, C. Davis, R. Fleischman, M. De La Vega, L Austin, R. Boughn, C.S. Truijillo, McAlpine, L. Mefford and D.P. Morgan are dismissed for the reasons discussed above, with leave to file an amended complaint within 28 days from the date of service of this order. (Plummer, M)
April 25, 2012
PDF | More
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Eddie L. Pitts signed by Magistrate Judge Gregory G. Hollows on 04/25/12. CDC is to collect payments from plaintiff's account and forward to the clerk until 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)
September 21, 2012
PDF | More
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/20/2012 ORDERING that defendants State of California, Swarthout and Cate are DISMISSED, and as to State of California, that defendant is DISMISSED with prejudice. (Yin, K)
July 24, 2013
PDF | More
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/23/13 ORDERING the clerk of the court randomly assign a district judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Defendant Freland (Froland) show cause within 14 days why he/she should not be found in default and judgment be entered against him/her. Also, RECOMMENDING that Defendants' 02/13/13 motion to dismiss 24 be granted, and the following claims dismissed without prejudice: a) the claim against defendants Braunder and Kiesz regarding their alleged failure to provide timely access to a primary care physician; b) all claims against defendants Austin, Morgan, Mefford, McAlpine, Trujillo, Davis, Fleischman, and Villanueva (de la Vega). Plaintiff's 05/31/13 motion for a stay 32 be denied. This action proceed on plaintiff's Eighth Amendment claims against defendants Fontillas, Froland and Broughn, as well as on plaintiff's claims that defendants Braunger and Kiesz were deliberately indifferent to his medical needs in relation to the delay in plaintiff's receiving his prescribed medication. Motions 24,32 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
August 8, 2013
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 08/07/13 ordering by her timely response 41 the order to show cause 40 is discharged. Defendant Froland must file a response to the complaint within 14 days from the date of this order to not be found in default.(Plummer, M)
November 20, 2013
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 11/19/13 ORDERING defendants to re-serve plaintiff with the filings at ECF Nos. 58 and 59 and to file proof of re-service within 7 days.(Dillon, M)
November 21, 2013
PDF | More
SUBSTITUTION OF ATTORNEY AND ORDER signed by Magistrate Judge Allison Claire on 11/20/13 ordering defendant P. Kiesz hereby substitutes attorney Shanan L. Hewit in place of Attorney General David C. Goodwin. (Plummer, M) Modified on 11/21/2013 (Plummer, M).
November 21, 2013
PDF | More
ORDER signed by District Judge Troy L. Nunley on 11/20/13 ORDERING the findings and recommendations filed 7/24/13, are adopted in full; Defendants' 2/13/13 motion to dismiss 24 is granted, and the following claims are dismissed without prejudice: the claim against defendants Braunger and Kiesz re their alleged failure to provide timely access to a primary care physician; and all claims against defendants Austin, Morgan, Mefford, McAlpine, Trujillo, Davis, Fleischman, and Villanueva (de la Vega); Plaintiff's 5/31/13 motion for a stay 32 is denied; this action proceeds on plaintiff's Eighth Amendment claims against defendants Fontillas, Froland and Broughn; This action also proceeds on plaintiffs claim that defendants Braunger and Keisz were deliberately indifferent to his medical needs in relation to the delay in plaintiff's receiving his prescribed medication. (Becknal, R)
January 3, 2014
PDF | More
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/02/14 ORDERING the clerk of the court is directed to correct the entry at 44 to reflect that the summons upon defendant Boughn is unexecuted. Defendants' counsel is directed to provide the court, within 14 days, with the business address for defendant R. Boughn to be served. If defendants' counsel is unable to provide an address at which defendant R. Boughn may be servedd, counsel must so inform the court within 14 days; within 28 days thereafter, plaintiff must show good cause why defendant Boughn should not be dismissed pursuant to FRCP 4(m). The clerk of the court is directed to correct the spelling of the defendant previously identified as Freland in this case docket to Froland. Plaintiff's motion to strike 61 defendant's notice of errata 54 is denied. Plaintiff's motion for leave to conduct oral depositions or alternatively to serve written deposition questions upon defendants 53 is denied. Plaintiff's motion for an order authenticating his exhibits 72 is denied. Also, RECOMMENDING that defendant Fontillas' motion to dismiss for lack of administrative exhaustion 36 be granted as to all claims but the claim of deliberate indifference to plaintiff's serious medical needs by failing to ensure plaintiff timely received prescribed medication in March 2011. Plaintiff's claim of deliberate indifference against defendant Fontillas for failing to ensure timely receipt of pain medication in March 2011 be dismissed pursuant to the court's sua sponte screening obligations under 28 USC 1915(e)(2)(b)(ii) and defendant Fontillas be dismissed from this action. Defendant Froland's motion to dismiss 46 be granted and defendant Froland be dismissed. Motions 36 and 46 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
May 12, 2014
PDF | More
y receipt of pain medication in February 11 is DISMISSED; in all other respects the motion is DENIED and plaintiff will be permitted to proceed with his claim alleging defendant Froland was deliberately indifferent by failing to provide timely access to a primary care physician. (Reader, L) Modified on 5/13/2014 (Plummer, M).ORDER signed by District Judge Troy L. Nunley on 5/9/2014 FINDINGS AND RECOMMENDATIONS 79 are ADOPTED in PART; Defendant Fontillas' motion 36 to dismiss for lack of administrative exhaustion is GRANTED to the extent plaintiff's claim is predicated on 11/24/2010 interview; in all other respects the motion is DENIED and plaintiff will be permitted to proceed with his claim alleging defendant Fontillas was deliberately indifferent to his serious medical needs by failing to provide timely access to primary care physician; Plaintiff's claim that defendant Fontillas was deliberately indifferent to his serious medical needs by failing to ensure timely receipt of pain medication in March 2011 is dismissed pursuant to the court's sua sponte screening obligations; Defendant Froland's motion 46 to dismiss is GRANTED in PART; plaintiff's claim that defendant Froland was deliberately indifferent to plaintiff's serious medical needs by failing to ensure timel
June 30, 2014
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 6/27/2014 ORDERING plaintiff to SHOW CAUSE, within 28 days, why the unserved defendant Boughn should not be dismissed from this action; and failure to show good cause will result in a recommendation of dismissal of defendant Boughn without prejudice, pursuant to Fed.R.Civ.P. 4(m). (Yin, K)
September 12, 2014
PDF | More
OMMENDING that defendant Boughn be dismissed from this action pursuant to Federal Rule of Civil Procedure 4(m). Referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/11/14 ORDERING that plaintiff's motion for an order granting service of a subpoena duces tecum by the U.S. Marshal upon a non-party 82 is denied. Also, REC
September 15, 2014
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 09/12/14 ordering plaintiff's motion to compel production of documents from defendant Kiesz 87 is granted in part as to RFP No. 6 only, and denied as to RFP Nos. 1-5 and 7-12. Defendant Kiesz shall provide within 14 days a redacted copy (as set forth above) of any inmate grievance or complaint regarding the medical care she provided while she worked at CSP-Solano. Plaintiff's motion for an order compelling defendant Braunger to produce further documents 91 is granted in part as to RFP nos. 3 and 5, to the extent that defendant Braunger must within 14 days provide copies, if any, of the IMSPP medical guidelines in effect from 1/01/10 through 12/31/10, that speak to procedures, policies or practices governing the appropriate response to an inmate's complaint of pain and request for prescribed medication. The motion is denied in all other respects. Plaintiff's motion for an order granting service of a subpoena duces tecum by the United States Marshal on non-party Warden Gary Swarthout or an acting warden 76 is granted in part as to the documents specified in the body of this order. Plaintiff must within 21 days return the signed subpoena provided with this order, containing only the requests as narrowed by the court. The clerk of the court is directed to provide plaintiff a signed but otherwise bland subpoena duces tecum form with this order. Plaintiff's motion for a court order authenticating the exhibits attached to plaintiff's complaint 63 is denied. Plaintiff's motion for appointment of counsel 111 is denied. Plaintiff's motion to re-open discovery and adjust scheduling order 111 is granted in part as follows: The deadlines in the Discovery and scheduling order 75 are hereby vacated. Discovery is re-opened for the limited purposes specified in this order, and the deadline extended to 10/31/14. The dispositive motion deadline is re-set for 2/23/15. (Plummer, M)
October 31, 2014
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 10/30/14 ordering the United States Marshal shall provide personal service of plaintiff's subpoena to produce documents, information, or objects, along with the attached requests for production, upon Warden Gary Swarthout and/or Acting Warden of CSP-Solano within 14 days. A copy of this order is to be served upon the U.S. Marshal's office along with plaintiff's subpoena and attached requests for production directed to Warden Gary Swarthout and/or the Acting Warden of CSP-Solano. (Plummer, M)
November 6, 2014
PDF | More
ORDER ADOPTING 116 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 11/5/2014. Defendant Boughn is DISMISSED from this action. (Marciel, M)
November 20, 2014
PDF | More
ORDER signed by District Judge Troy L. Nunley on 11/18/14 ORDERING that the Court denies Plaintiff's 122 Ex Parte Communication seeking reconsideration of the Magistrate Judge's Findings and Recommendations. (Kastilahn, A)
July 27, 2015
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 7/27/2015 ORDERING 150 that plaintiff's objections to defendants' motion for summary judgment is construed as a motion to enlarge his time to respond to the summary-judgment motion, and as such is GRANTED; Plaintiff's deadline to respond to defendants' motion for summary judgment is hereby VACATED and will be re-set upon resolution of the pending motion to compel. (Reader, L)
August 5, 2015
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 08/04/15 ordering that plaintiff's motion for extension of time 152 and motion to withdraw his previous motions and objections 153 are denied as moot. (Plummer, M)
October 30, 2015
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 10/29/15 granting in part and denying in part 133 Motion to Compel. (See order for details). Warden Arnold shall file a notice of compliance within 7 days of plaintiff's review of the complaints. Plaintiff shall have 30 days from the filing of Warden Arnold's notice of compliance to file his response to defendants' motion for summary judgment. Plaintiff's motion for sanctions 133 is denied. (Plummer, M)
November 30, 2015
PDF | More
ORDER signed by Magistrate Judge Allison Claire on 11/30/15 ordering that plaintiff shall have until 12/28/15 to file his response to defendants' motion for summary judgment. (Plummer, M)
March 22, 2016
PDF | More
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/22/16 RECOMMENDING that Defendant Kiesz motion for summary judgment 140 be granted and the remaining claim against defendant Kiesz be dismissed without prejudice for failure to exhaust; Defendant Braunger, Froland, and Fontillas motion for summary judgment 143 be granted and the remaining claims against defendants Braunger, Froland, and Fontillas be dismissed with prejudice; Judgment be entered for the defendants. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)