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13-1239 - (PC) Burnett v. Miranda


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13-1239 - (PC) Burnett v. Miranda
August 13, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Ester Burnett signed by Magistrate Judge Carolyn K. Delaney on 08/13/13. 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)
February 12, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/12/2014 GRANTING defendant's 18 request to conduct plaintiff's deposition via video conference. (Yin, K)
April 30, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/30/14 ORDERING that Plaintiff's 23 request for an extension of time is granted. Plaintiff is granted 30 days within which to serve responses to defendants' request for production of documents. (Kastilahn, A)
July 15, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/15/14 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment or a statement of non- opposition. (Dillon, M)
July 18, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/17/14 ordering defendants' 06/06/14 request that certain documents be filed under seal and reviewed in camera 47 is denied. The documents referred to as Exhibits E,F,G,H,K,L,M,N,O,P and Q in defendants' motion for summary judgment shall be filed in this action within 5 days. Alternatively, defendants may file a motion for sealing those exhibits within 5 days explaining why the documents should not be available for public view and providing legal support for their request. (Plummer, M)
September 23, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/23/14 ordering plaintiff's request for an extension of time 20 is granted. Plaintiff is granted 14 days within which to serve responses to defendants' request for production of documents. (Plummer, M)
January 15, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/15 ordering granting 56 Motion to exceed the page limit with respect to his opposition to defendants' pending motion for summary judgment. Defendants' request for extension of time to file a reply brief concerning their motion for summary judgment 59 is granted. The reply brief filed 11/07/14 is deemed timely. (Plummer, M)
January 15, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/15 ordering plaintiff's request for an extension of time 70 to respond to defendants' reply briefs regarding their pending motion for summary judgment is denied. Plaintiff's request for an extension of time to file an opposition to defendants' motion to strike 67 is granted. The opposition filed by plaintiff on 1/08/15 is deemed timely. (Plummer, M)
February 9, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/06/15 ORDERING the clerk of the court assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that plaintiff's motion for a preliminary injunction 25 be denied. Motion for a preliminary injunction 25 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
March 6, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/5/2015 RECOMMENDING that defendants' 48 motion for summary judgment be (1) denied with respect to plaintiff's claim that defendant Miranda violated plaintiff's Eighth Amendment rights on 7/16/2010 when he denied plaintiff housing in cell without bunk beds, (2) denied with respect to plaintiff's claim that defendant Simmerson violated plaintiff's Eighth Amendment rights on 6/9/2010 when Simmerson failed to house plaintiff in a cell without bunk beds, and (3) granted in all other respects. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
March 30, 2015
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ORDER ADOPTING 74 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 3/27/2015. Plaintiff's 25 Motion for Temporary Restraining Order is DENIED. (Marciel, M)
April 16, 2015
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ORDER ADOPTING 77 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 4/15/2015. Defendants' 48 Motion for Summary Judgment is DENIED with respect to (a) plaintiff's claim that defendant Miranda violated plaintiff's Eighth Amendment rights on 7/16/2010 when he denied plaintiff housing in a cell without bunk beds; (b) with respect to plaintiff's claim that defendant Simmerson violated plaintiff's Eighth Amendment rights on 6/9/2010 when Simmerson failed to house plaintiff ina cell without bunk beds and (c) GRANTED in all other respects. (Marciel, M)
June 16, 2015
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FURTHER SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/16/2015: Discovery is closed; Law and Motion is closed; Plaintiff's pretrial statement and any motions to obtain trial witnesses due within 21 days; Defendants Miranda and Simmerson's pretrial statement due within 14 days of service of plaintiff's.(Yin, K)
August 4, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/4/15 DENYING 88 Motion to Appoint Counsel. (Dillon, M)
January 21, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr. on 1/20/2016 DENYING plaintiff's 102 motion for reconsideration. (Yin, K)
August 30, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/30/16 ordering ( Settlement Conference set for 11/3/2016 at 01:00 PM in Courtroom 4 before Magistrate Judge Craig M. Kellison.)(cc: CMK) (Plummer, M)
August 30, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 08/30/16 ordering the Custodian to produce Ester Burnett on 11/03/16 at 1:00 p.m. in courtroom 4 before Magistrate Judge Craig M. Kellison. 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: CMK and OTCD)(Plummer, M)
October 13, 2016
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUE signed by Magistrate Judge Carolyn K. Delaney on 10/13/16 ORDERING the Custodian to produce Ester Burnett on 11/03/16 at 11:30 a.m. at the U. S. District Court, Courtroom #4, 501 I Street, Sacramento, California before Magistrate Judge Craig M. Kellison. 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: CMK and OTCD) (Kastilahn, A) Modified on 10/13/2016 (Kastilahn, A).
November 9, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/16 ordering that the parties submit a stipulation of dismissal within 30 days of this order. (Plummer, M)