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12-1137 - (PC) McCoy v. Stratton et al


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12-1137 - (PC) McCoy v. Stratton et al
June 13, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/12/12 ORDERING that plaintiff shall complete the attached Notice of Submission of Document and submit it to the court, within 30 days from the date of this order, with a certified copy of plaintiffs prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action.(Dillon, M)
August 3, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/2/2012, ORDERING that plaintiff's 2, 9 application 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; within 30 days, plaintiff shall file either (1) a notice he wishes to proceed solely on his excessive use of force claims against defendants Stratton, Epp, Ding Felder, Barnes, Huges, and Sweeney, or (2) an amended complaint; and the clerk is to send plaintiff a form for filing a civil rights action. (Yin, K)
August 3, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Davon E. McCoy signed by Magistrate Judge Dale A. Drozd on 8/2/2012. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. The Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
November 21, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/20/2014 RECOMMENDING that defendants' 36 motion for summary judgment be granted in part and denied in part, in accordance with these findings and recommendations; and within 30 days of any order adopting these findings in recommendations, defendants be directed to file an answer in this action. Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)
January 21, 2015
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ORDER signed by Senior Judge William B. Shubb on 1/20/2015 ADOPTING IN FULL 43 Findings and Recommendations; DENYING 36 Motion for Summary Judgment on Plaintiff's excessive use of force claims; GRANTING 36 Motion for Summary Judgment on Plaintiff's deliberate indifference medical care claims; DENYING 36 Motion for Summary Judgment on Plaintiff's retaliation claims; DIRECTING the defendants to file an answer in this action within thirty days. (Michel, G)
October 9, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/8/15 ORDERING that Plaintiffs motion to file a supplemental complaint (Doc. No. 49) is DENIED without prejudice to raising the proposed new claims in a separate civil action; Plaintiffs motion for appointment of counsel (Doc. No. 48) is DENIED; Plaintiffs motion for an extension of time to file an opposition to defendants motion for summary judgment (Doc. No. 63) is GRANTED; and within 21 days of the date of service of this order, plaintiff shall file an opposition to defendants motion for summary judgment.(Dillon, M)
November 2, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 11/02/16 denying 66 Motion to Strike. (Plummer, M)
March 2, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/01/17 recommending that Defendants motion for summary judgment (ECF No. 51) be granted in part and denied in part. (See findings and recommendations for further details.) MOTION for SUMMARY JUDGMENT 51 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
April 13, 2017
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ORDER signed by Senior Judge William B. Shubb on 4/12/2017 ADOPTING IN FULL 78 Findings and Recommendations; DENYING 51 Motion for Summary Judgment as to the Eighth Amendment Claims against Defendants Stratton, Epp, Barnes, Dingfelder, Sweeney, and Hughes; GRANTING 51 Motion for Summary Judgment as to the deliberate indifference and retaliation claims against Defendants Barnes, Wells, Chavez, Martinez, and Slaughter and as to the retaliation claim against Defendant Stratton; DENYING 51 Motion for Summary Judgment as to Defendants Stratton, Epp, Barnes, Dingfelder, Sweeney, and Hughes's assertion of qualified immunity. (Michel, G.)
May 26, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 SCHEDULING a Settlement Conference for 8/14/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties to submit confidential settlement statements no later than 8/7/2017. (cc: Magistrate Judge Carolyn K. Delaney) (Henshaw, R)
May 26, 2017
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[VACATED PURSUANT TO 89 ORDER] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 5/25/2017 ORDERING the Custodian to produce Davon E. McCoy at 9:30 a.m. on 8/14/2017 in Courtroom #24 before Magistrate Judge 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 and Magistrate Judge Carolyn K. Delaney) (Henshaw, R) Modified on 8/7/2017 (Yin, K).
August 7, 2017
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 8/7/2017 VACATING the 87 writ issued on 5/25/2017 for inmate McCoy to be transported to the courthouse for the settlement conference. The custodian shall produce Davon E. McCoy #H-67575, at 9:30 a.m. on 8/14/2017, before Magistrate Judge Carolyn K. Delaney, by video conference from his present place of confinement. 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 Out-to-Court Desk and Warden. (cc: CKD, OTCD, ADR, I.T.)(Yin, K)
October 10, 2017
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FURTHER SCHEDULING ORDER signed by Magistrate Judge Deborah Barnes on 10/10/2017: Discovery is CLOSED; Law and Motion is CLOSED; Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 11/15/2017, Defendants shall file their pretrial statement on or before 12/15/2017. The Court will issue a final pretrial order after review of the pretrial statements.(Yin, K)
October 13, 2017
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/31/2017 at 9:30 a.m.; 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 Warden and the Litigation Coordinator. (cc: CKD)(Yin, K) Modified on 10/13/2017 (Yin, K).ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/13/2017 ORDERING the custodian to produce Davon E. McCoy H-67575, to appear by telephone, before Magistrate Judge Carolyn K. Delaney on 10
February 7, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 DISMISSING this action with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). CASE CLOSED.(Yin, K)