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13-451 - (PC) Jones v. Kuppinger et al


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13-451 - (PC) Jones v. Kuppinger et al
March 11, 2013
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ORDER signed by Magistrate Judge Allison Claire on 03/08/13 ordering plaintiff shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of court or the appropriate filing fee. The clerk of the court shall send plaintiff an application to proceed in forma pauperis by a prisoner. (Plummer, M)
June 21, 2013
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ORDER signed by Magistrate Judge Allison Claire on 6/21/13 ORDERING that 5 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiffs claims against defendants Virga, Daly, Lincoln, Gomez and Vitale, as well as any claim for deliberate indifference to a serious medical condition by defendant Moore, are DISMISSED with leave to file an amended complaint within 28 days from the date of service of this Order.(Dillon, M)
June 21, 2013
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 6/21/1 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Henry A. Jones to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
May 16, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/16/14 ORDERING defendants' request for judicial notice of documents 19 in support of their motion to revoke IFP is granted. Until such time as plaintiff's in forma pauperis status has been resolved by the district judge to be assigned to this case, briefing of plaintiff's 05/05/14 motion for leave to file a second amended complaint 29 is suspended. Defendants are relieved of the obligation to oppose the motion at this time, and a briefing schedule will be set following final determination of plaintiff's filing status. The clerk is directed to randomly assign a district judge to this case. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that defendants' motion to revoke plaintiff's in forma pauperis status on the ground that plaintiff is barred from proceeding in forma pauperis by the 3 strikes provision of 28 USC 1915(g) be granted. Plaintiff be required to pay the $350.00 filing fee in full within 30 days of the adoption of these findings and recommendations, failing which the case be dismissed. Defendant's motions to strike certain of plaintiff's filings 22, 27, 28 be denied as moot in light of plaintiff's notice of withdrawal of his opposition to defendants' motion 31. Motions 18,22,27,28 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M) Modified on 5/19/2014 (Plummer, M).
June 27, 2014
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ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 6/26/14. The 18 Motion to Revoke IFP Status is GRANTED. Plaintiff is required to pay the $350.00 filing fee within 30 days. The 22 27 and 28 Motions to Strike are DENIED as moot. (Manzer, C)
July 30, 2014
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ORDER signed by Magistrate Judge Allison Claire on 07/29/14 ordering defendants must within 30 days file their response to plaintiff's motion for leave to file a second amended complaint and proposed second amended complaint 29, 30 and plaintiff will have 30 days following service of defendants' response to his motion for leave to amend to file any reply. (Plummer, M)
August 20, 2014
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ORDER denying 41 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 08/19/14. (Plummer, M)
February 5, 2015
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ORDER signed by Magistrate Judge Allison Claire on 02/04/15 ordering defendant's motion to strike plaintiff's first amended complaint 43 is denied. Plaintiff's motion for leave to file his proposed second amended complaint 29 is granted. This action proceeds on the following Eighth Amendment claims against defendants Kuppinger and Moore: 1) against defendant Kuppinger, deliberate indifference to plaintiff's serious medical nees, and excessive force; and 2) against defendant Moore, deliberate indifference to plaintiff's serious medical needs, and failure to protect plaintiff from excessive force. The clerk of court is directed to attach to plaintiff's second amended complaint 30 the exhibits attached to his first amended complaint, see 9 at 11-57. Within 30 days after the filing date of this order, defendants shall file and serve an answer to plaintiff's second amended complaint. Plaintiff's motion for a settlement conference 45 is denied without prejudice; however, within 30 days after the filing date of this order, defendants shall file and serve a statement indicating whether they believe a settlement conference would be helpful at this time. (Plummer, M)
June 10, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/10/15 ORDERING that plaintiffs motion to compel discovery and for sanctions, ECF No. 50, is denied. (Dillon, M)
September 17, 2015
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ORDER and AMENDED SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 9/16/2015 ORDERING plaintiff's initial 54 motion to compel discovery is DENIED as moot. Plaintiff's further 58 motion to compel discovery is GRANTED in part and DENIED in part: (a) Defendants Kuppinger and Moore shall serve their responses to plaintiff's Interrogatories, Set Two, within 45 days; (b) Plaintiff's motion for sanctions, premised on defendants' alleged failure to comply with the court's scheduling order in noticing plaintiff's deposition, is DENIED. Plaintiff's 56 request for the court's assistance to obtain his legal materials in this case is DENIED without prejudice. Plaintiff's 55 second request for appointment of counsel is DENIED without prejudice. Within 30 days, defendants shall file and serve a statement indicating whether they believe a settlement conference in this action would be helpful at this time. The discovery deadline is EXTENDED to 11/20/2015, for the limited purpose of allowing defendants to serve the responses by this order; the dispositive motions deadline is EXTENDED to 3/20/2016. (See Order for Details) (Yin, K)
December 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/02/15 ordering plaintiff's request for appointment of counsel 63 is granted. Plaintiff's renewed requests to convene a mandatory settlement conference in this action 61, 63-4, 70-1 are granted. The clerk of the court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept appointment in this action for limited purpose of representing plaintiff at a mandatory settlement conference. Plaintiff's motions for court orders directing defendants to show cause in support of their responses to plaintiff's Interrogatories, Set Two, 70, 71 are denied. Plaintiff's renewed request for copies of court documents 64 is denied without prejudice; the clerk of the court is directed to send plaintiff a copy of the court's docket. The 03/20/16 deadline for filing dispositive motions, see 62, is vacated pending further order of this court; no dispositive motions shall be filed prior to the settlement conference in this action. (cc: ADR Director) (Plummer, M)
February 4, 2016
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ORDER signed by Magistrate Judge Allison Claire on 02/03/16 ordering plaintiff's motion 73 is denied without prejudice. This action is stayed until appointment of counsel has been secured for plaintiff. The parties are directed to refrain from engaging in any further contact concerning this action until further order of this court. (Plummer, M)
February 10, 2016
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ORDER signed by Magistrate Judge Allison Claire on 02/10/16 ordering M. Greg Mullanax is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of preparing for and representing plaintiff at a mandatory settlement conference. M. Greg Mullanax's appointment shall terminate 15 days after completion of the settlement conference unless within that period of time and at his own discretion, Mr. Mullanax elects to proceed as plaintiff's appointed counsel and so informs Ms. Sujean Park. The clerk of the court is directed to serve a copy of this order upon M. Greg Mullanax, Law office of M. Greg Mullanax, 2140 N. Winery Ave, Suite 101, Fresno, CA 93703. This action is referred to Ms. Park for the purpose of scheduling a mandatory settlement conference, and for so informing the parties and counsel, and ensuring that plaintiff is present at the conference. All other matters shall remain stayed in this action until further order of this court. (cc: ADR Director)(Plummer, M)
February 17, 2016
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rovide the new custodian with a copy of this writ. (cc: Magistrate Judge Thurston, Out-to-Court Desk - Sac) (Michel, G.)ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 2/16/2016 ORDERING the custodian to produce Henry A. Jones, CDCR #: P-69574, before Magistrate Judge Jennifer L. Thurston at the U.S. District Court, Courtroom No. 6, 2500 Tulare Street, Fresno, California 93721, on 5/4/2016 at 09:30 AM until completion of the Settlement Conference or as ordered by the court; ORDERING the custodian to notify the court of any change in custody of the inmate and to p
February 17, 2016
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ORDER signed by Magistrate Judge Allison Claire on 2/16/2016 SETTING a Settlement Conference set for 5/4/2016 at 09:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston; ORDERING a representative with full and unlimited authority to negotiate and enter into a binding settlement to appear at said conference on behalf of the defendants; ORDERING the plaintiff to submit to the defendants, 21 days prior to the Settlement Conference, a written itemization of damages and a meaningful settlement demand, not to exceed ten pages in length; ORDERING the defendans to respond, 14 days prior to the Settlement Conference, with an acceptance of the offer or with a menaingful counteroffer; ORDERING defense counsel to immediately inform the Courtroom Deputy for Magistrate Judge Thurston if settlement is achieved; ORDERING each party to submit Confidential Settlement Statements, by 4/27/2016, if settlement is not achieved informally. (cc: Magistrate Judge Thurston) (Michel, G.)
March 16, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/15/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel M. Greg Mullanax is GRANTED. (Crouch, J)
May 6, 2016
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ORDER signed by Magistrate Judge Jennifer L. Thurston on 05/04/16 ordering the writ of habeas corpus ad testificandum issued regarding plaintiff Henry A. Jones 76 is hereby vacated. (cc: JLT and OTCD)(Copy of this order served on the Warden, CSP-Los Angeles County) (Plummer, M) Modified on 5/6/2016 (Plummer, M).
May 11, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/10/16 ordering that effective upon the filing date of this order, Mr. Mullanax is relieved of his appointment to represent plaintiff in this action. Appointment of alternate counsel for plaintiff is not warranted at the present time. Within 21 days after service of this order, plaintiff and defense counsel shall file separate status reports that inform the court of the following: a) Is any further discovery warranted in this action? b) If so, specifically identify the intended discovery, explain its relevance and importance, and explain why the proposed discovery was not propounded prior to the extended discovery deadline of 11/20/15. Upon review of the parties' separate status reports, the court will set deadlines for filing dispositive motions and, if appropriate, further discovery. (Plummer, M)
May 17, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/16/16 DENYING 87 Motion for telephone conference. (Dillon, M)
June 7, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/7/16 ORDERING that Discovery is closed in this action. The deadline for filing dispositive motions is September 9, 2016. Defendants are directed to respond in good faith to plaintiff's pending settlement offer within 21 days after the filing date of this order, without involvement of the court. The parties are encouraged to continue pursuing a settlement in this action, and to promptly inform the court if a settlement agreement is reached.(Dillon, M)
July 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/11/16 denying 92 request to schedule a trial in this action. Any party may file a dispositive motion on or before 9/09/16; briefing shall be in accordance with Local Rule 230(l). (Plummer, M)
July 28, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/27/16 denying 95 Motion appointment of counsel. The Clerk of Court is directed to send plaintiff, together with a copy of this order(which includes the attached Rand Notice), a copy of the current docket in this action. (Plummer, M)
August 17, 2016
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deral grand jury complaints, 98, is DENIED; there is no authority for such a request. Plaintiff may, in a properly-filed motion supported with a letter from plaintiffs treating psychiatrist (currently identified as Dr. La Tess, 97 at 2), request a limited stay of this action for the purpose of permitting plaintiff to focus on his mental health treatment; such request shall identify the requested length of stay and supporting rationale. Absent a stay of this action, the dispositive motion shall remain September 9, 2016 (see ECF Nos. 91, 94 and 96). (Plummer, M) Modified on 8/17/2016 (Plummer, M). Modified on 8/18/2016 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 08/16/16 ordering Plaintiffs request for a copy of the operative complaint and attached exhibits, 97, is GRANTED. As a one-time courtesy, the Clerk of Court is directed to send plaintiff, together with a copy of this order, a copy of the Second Amended Complaint, 30, and attached exhibits; the court will provide plaintiff with no further documents free of charge (see the courts order filed July 28, 2016, 96). Plaintiffs request for two fe
September 13, 2016
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ORDER signed by Magistrate Judge Allison Claire on 09/12/16 ordering plaintiff's motion filed 09/09/16, construed as a motion to stay this action 103 is denied without prejudice. Plaintiff shall file and serve his opposition (or statement of non-opposition) to defendants' motion for partial summary judgment on or before Friday, 10/21/16. Defendants' reply, if any, shall be filed and served within 14 days after plaintiff files his opposition or statement of non-opposition to defendants' pending motion. (Plummer, M)
April 13, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/13/17 denying 108 Motion for writ of mandate.. (Plummer, M)
September 6, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/6/2017 RECOMMENDING 101 Motion for Summary Judgment be granted in part, as outlined in this findings and recommendations, and this action proceed against Kuppinger on plaintiff's excessive force claim, and against Moore on plaintiff's failure to protect claim. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. No extensions of time will be granted, due to exigencies of time within the court. (Henshaw, R)
October 20, 2017
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ORDER ADOPTING 111 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 10/19/17GRANTING IN PART and DENYING IN PART defendant's 101 Motion for Summary Judgment as follows: GRANTED to defendants Moore and Kuppinger on plaintiff's Eighth Amendment deliberate indifference claims; and DENIED as to plaintiff's Eighth Amendment failure to protect claim against defendant Moore; this action shall proceed against defendant Kuppinger on plaintiff's excessive force claim, and against defendant Moore on plaintiff's failure to protect. Case Referred to ADR (cc: ADR). (Benson, A.) Modified on 10/24/2017 (Benson, A.).
October 26, 2017
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ORDER signed by Magistrate Judge Allison Claire on 10/25/17 ORDERING ( Settlement Conference set for 1/9/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Each party shall provide a confidential settlement statement to the following emailaddress: [email protected]aed.uscourts.gov not later than January 2, 2018. Plaintiff shall mail his confidential settlement statement to: Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814, to arrive no later than January 2, 2018. The envelope shall be marked CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d))(cc: CKD)(Plummer, M) Modified on 10/26/2017 (Plummer, M).
October 26, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 10/25/17 ORDERING the Custodian to produce Henry A. Jones on 1/09/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. 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 this order and writ on the Custodian and Out-to-Court Desk.(cc: CKD & OTCD) (Plummer, M)
December 29, 2017
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ORDER an WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/29/2017 ORDERING the Custodian to produce Henry A. Jones at 9:30 a.m. on 1/9/2018 in Courtroom #24 before Magistrate Judge Carolyn K. 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 CKD) (Henshaw, R)
January 23, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/22/18 ORDERING that on Wednesday, February 28, 2018, the parties shall file and serve separate statements that inform the court of the following: The anticipated length of trial; and any dates through 2018 when any party may not be available for pretrial or trial proceedings. (Plummer, M)
March 1, 2018
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ORDER signed by Magistrate Judge Allison Claire on 02/28/18 DENYING 127 Motion to add defendants. (Plummer, M)
March 23, 2018
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ORDER signed by Senior Judge William B. Shubb on 03/22/18 ORDERING that the Clerk of Court shall reassign this case to the Honorable Allison Claire, U.S. Magistrate Judge. Henceforth, the caption on documents filed in this reassigned case shall be shown as 2:13-cv-0451 AC P. (cc: WBS) (Plummer, M)
March 29, 2018
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[VACATED PURSUANT TO 4/09/18 ORDER]ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 3/28/2018 ORDERING the custodian to produce Henry A. Jones P-69574, to testify in USDC at 9:00 a.m. on October 22, 2018, in courtroom #26, before Magistrate Judge Allison Claire; 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 Warden and Litigation Coordinator. (cc: OTCD-SAC) (Yin, K) Modified on 4/9/2018 (Plummer, M).
April 9, 2018
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ORDER signed by Magistrate Judge Allison Claire on 04/09/18 GRANTING 136 defendant's ex parte request to continue the trial date in this action. The court's order and writ issue 3/29/18 134 and 135 are VACATED. Jury trial will commence before the undersigned on 10/29/18 at 9:00 a.m. in courtroom 26; the estimated length of trial is 3 days. On or before 5/04/18, the parties shall file separate pretrial statements. The court will review the parties pretrial statements on the papers without scheduling a pretrial conference. Plaintiff's motion in limine 129 remains denied as premature. (cc: OTCD)(Plummer, M)
April 9, 2018
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FIRST AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 4/09/18 ORDERING the Custodian to produce Henry A. Jones on 10/29/18 at 9:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
April 24, 2018
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ORDER signed by Magistrate Judge Allison Claire on 04/23/18 GRANTING 139 Motion to Appoint Counsel. The clerk of court shall contact Sujean Park, Pro Bono Program Director for the purpose of locating an attorney admitted to practice in this court who is willing to accept appointment in this action for the purpose of preparing for and representing plaintiff at trial. Plaintiff's request to extend the deadline for filing initial pretrial statements is GRANTED; the current deadline 5/04/18 is VACATED until further order of this court. (cc: ADR Director)(Plummer, M) Modified on 4/25/2018 (Plummer, M).
May 3, 2018
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ORDER signed by Magistrate Judge Allison Claire on 05/02/18 ORDERING the Clerk of Court is directed to return to plaintiff the pretrial statement hefiled pro se on April 30, 2018 141 and so indicate on the docket.(Plummer, M)