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13-1375 - (PC) Jones v. McElroy et al


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13-1375 - (PC) Jones v. McElroy et al
September 5, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/5/2013 GRANTING plaintiff's 5 request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; plaintiff's claims against defendants Lish, Sharp, Perez, Conedy, Lujan, Konrad, Heintschel, Lopez, Spangler, Dacio, Higgins, Marx, Bennett, Wedell, and Heise are DISMISSED with leave to amend within 30 days; additionally, all claims except Eighth Amendment claims against defendants McElroy, Dingfelder, Lobato, Jochim, Sullivan, and Virga are DISMISSED with leave to amend within 30 days; plaintiff is not obligated to amend his complaint; upon the filing of an amended complaint or expiration of time allowed therefor, the court will make further order for service of process. (Yin, K) Modified on 9/5/2013 (Yin, K).
September 5, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rodney Wayne Jones signed by Magistrate Judge Carolyn K. Delaney on 9/5/2013. CDCR 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 CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
January 13, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/13/2014 DIRECTING the Clerk to assign a district judge to this action; service is appropriate for L A Dingfelder, S K Jochim, G R Lish, C Lobato, C W McElroy, A M Perez, M D Sharp, L Sullivan and T. Virga; and the Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission; and DISMISSING defendants Conedy, Lujan, Konrad, Heintschel, Lopez, Spangler, Dacio, Higgins, Marx, Bennet, Wedell, and Heise, with prejudice. (Yin, K) Modified on 2/26/2014 pursuant to 14 order. (Yin, K).
February 26, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/26/2014 DIRECTING the Clerk to (a) redesignate the 10 findings and recommendations filed 1/13/2014 as an order, and (b) withdraw the assignment of a district judge to this action; and for the reasons stated in this court's 1/13/2014 order, this action is DISMISSED as to defendants L Dacio, C W Heintschel, R. L. Heise, Jr, K Higgins, A. Konrad, A Lopez, M Lujan, D Marx, L Spangler, J Wedell, B Bennett and D Conedy. (Yin, K)
September 30, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/30/2014 GRANTING in part plaintiff's 30 motion for court order; within 30 days, plaintiff shall file a response to defendants' motion to dismiss, no further extensions of time will be granted; within 30 days, plaintiff shall file a response to defendants' motion for summary judgment; alternatively, plaintiff may file a motion for limited discovery. (Yin, K)
January 30, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/30/15 ORDERING that the Clerk of Court assign a district judge to this action. It is RECOMMENDED that Defendants motion to dismiss 24 be granted in part and denied in part as follows: a. Granted as to plaintiffs First Amendment claim against Jochim; b. Granted as to plaintiffs Eighth Amendment claim against Virga; c. Otherwise denied; and d. Defendant Virga be dismissed from this action with prejudice. Defendants motion for summary judgment 25 be denied as follows: a. Denied on the merits as to plaintiffs Eighth Amendment claims against Jochim, Lobato, Sharp, and Sullivan; b. Denied as moot as to plaintiffs First Amendment claim against Jochim and Eighth Amendment claim against Virga. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
March 5, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 3/5/15 ADOPTING IN FULL 40 Findings and Recommendations; GRANTED IN PART AND DENIED IN PART 24 Motion to Dismiss as follows: a. Granted as to plaintiffs First Amendment claim against Jochim; b. Granted as to plaintiff's Eighth Amendment claim against Virga; c. Otherwise denied; and d. Defendant Virga is dismissed from this action with prejudice. Defendant's 25 Motion for Summary Judgment is DENIED as follows: a. Denied on the merits as to plaintiff's Eighth Amendment claims against Jochim, Lobato, Sharp, and Sullivan; and b. Denied as moot as to plaintiff's First Amendment claim against Jochim and Eighth Amendment claim against Virga. (Meuleman, A)
July 21, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/20/15 ordering the court approves the attorney substitutions sough by defendants C.W. McElroy, L.A. Dingfelder and G.R. Lish, each substituting Janine K. Jeffery of Reily & Jeffery, Inc. in place and instead of Janet Chen. (Plummer, M)
July 29, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/29/15 granting 61 Motion to modify the scheduling order. These defendants shall have up to and including 8/19/15 to serve their responses to plaintiff's third set of discovery requests. (Plummer, M)
August 10, 2015
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ORDER denying 54 Motion for protective order signed by Magistrate Judge Carolyn K. Delaney on 08/10/15. (Plummer, M)
August 31, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/28/15 granting in part and denying in part 63 Motion to Compel. Plaintiff is ordered to appear to complete his deposition. The deposition can be taken on 10 days notice and must be completed within 30 days of this order; and the motion is denied as to monetary sanctions. Plaintiff's motion for protective order 69 is denied. If 1 or more defendants attend plaintiff's deposition, defendants' counsel shall meet and confer with plaintiff so as to minimize any resulting intimidation to plaintiff. (Plummer, M)
September 16, 2015
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ORDER denying 77 Motion for Reconsideration signed by Judge Garland E. Burrell, Jr on 9/15/15. (Kaminski, H)
October 22, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/22/15 ORDERING that the dispositive motion deadline of October 30, 2015 (ECF No. 46) is hereby VACATED, to be reset at a later date.(Dillon, M)
October 26, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/26/15 DENYING without prejudice 88 Motion to Appoint Counsel. (Dillon, M)
November 16, 2015
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onference would be beneficial, at the following address, fax number, or email address: ADR Division, Attention: Sujean Park. (cc ADRP)(Dillon, M)ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/15 ORDERING that the parties shall, within 30 days from the date of this order, inform the courts Alternative Dispute Resolution (ADR) division, in writing, if they believe a settlement c
February 12, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/11/2016 ORDERING plaintiff's 79 motion to compel is GRANTED in part and DENIED in part in accordance with this order; plaintiff's 98 motion to serve defendants is DENIED. (See Order for Details) (Yin, K)
March 8, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/8/2016 GRANTING defendants' 105 request to seal CDCR's 2011 Use of Force Training Powerpoint. (Yin, K)
March 16, 2016
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PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/15/2016 ORDERING the CDCR's 2011 Use of Force Training PowerPoint - minus the excluded slides - may be submitted to the possession of the persons listed in this order. Plaintiff will be allowed to review these materials, but he may not retain them in his possession. Plaintiff shall be allowed one hour to review these materials in the Litigation Coordinator's presence and take notes. He may not make copies of the material. In addition, plaintiff may not disclose to or discuss this material with any other inmate, nor may any other inmate review or have possession of, any material produced pursuant to this order or plaintiffs notes regarding the material. All confidential material in possession of the Litigation Coordinator shall be destroyed after trial of this matter, or sooner if the Litigation Coordinator concludes the material is no longer needed for plaintiff's review. No confidential material obtained by plaintiff or his counsel shall be disclosed except as is necessary in connection with this or related litigation, including appeals, and not for any other purpose, including any other litigation. Any violation of this protective order may be punishable as contempt of court. The provisions of this order shall remain in full force and effect until further order of this court. No later than 21 days from the date of this order, defendants shall file a status report on plaintiff's review of the documents in the Litigation Coordinator's presence so that the court may set a supplemental briefing schedule for summary judgment. (See Order for Details)(Yin, K)
July 18, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/16 ORDERING that this case is set for a Settlement Conference on 10/13/2016 at 09:00 AM in Courtroom 1 before Magistrate Judge Craig M. Kellison. Briefing is stayed on plaintiff's motion for summary judgment (ECF No. 113) pending the outcome of the settlement conference.(Dillon, M)
July 18, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 7/18/16 ORDERING the Custodian to produce Rodney Wayne Jones at 9:00 am on 10/13/16 in Courtroom 1 before 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: OTCD)(Dillon, M)