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15-248 - (PC) Baker v. Macomber et al


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15-248 - (PC) Baker v. Macomber et al
February 5, 2015
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ORDER signed by Magistrate Judge Allison Claire on 02/04/15 ordering plaintiff shall within 30 days after the filing date of this order, submit the following: A completed affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of court; and a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
September 18, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Timothy Ray Baker signed by Magistrate Judge Allison Claire on 09/18/15. 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)
October 13, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/09/15 ordering defendants Snipes, Dulaney, Andes, Cross, Vasquez, Macomber, Eldridge, Baker, Turner and Shankland are dismissed from this action. (Plummer, M)
October 13, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/09/15 denying 13 Motion to Appoint Counsel. (Plummer, M)
January 15, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/14/16 ORDERING plaintiff's request for appointment of counsel 23 is denied without prejudice. Also, RECOMMENDING that plaintiff's motion for preliminary injunctive relief 23 be denied. MOTION for PRELIMINARY INJUNCTIVE RELIEF [ 23] referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
February 12, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr on 2/11/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/15/16 24 are ADOPTED in full; and Plaintiff's MOTION for Preliminary Injuctive Relief 23 is DENIED.(Mena-Sanchez, L)
May 3, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/3/16 RECOMMENDING that defendant's motion for terminating sanctions, ECF No. 29, be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
May 3, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/3/116 DENYING 27 and 32 Motions to Appoint Counsel and related request for appointment of a neutral medical expert, are denied without prejudice.(Dillon, M)
June 16, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr on 6/15/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/3/16 33 are ADOPTED in full, with the exception that the Court now finds that Defendant complied with the safe harbor/mandatory notice procedures set forth in Rule 11, FRCP. Defendant's Motion for terminating sactions 29 is DENIED. And this case is referred back to the assigned Magistrate Judge for all further pretrial proceedings.(Mena-Sanchez, L)
June 17, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/16/16 DENYING 37 Motion to Compel. (Dillon, M)
September 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/9/2016 ORDERING defendant's 46 motion for summary judgment is DENIED without prejudice to the filing of another motion for summary judgment between March 1 and March 31, 2017. Plaintiff's 48 motion for extended time to respond to defendant's motion for summary judgment is DENIED as moot. Discovery shall proceed in this action as set forth in the court's order filed 7/12/2016 45. (Yin, K)
March 15, 2017
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ORDER signed by Magistrate Judge Allison Claire on 3/14/2017 DIRECTING Deputy Attorney General Derrek J. Lee, who represents defendant herein, to inquire of the appropriate officials at CSP-Sacramento as to the location of plaintiff's legal materials and plaintiff's access thereto and, within 21 days, to file and serve a statement so informing the court; plaintiff may file a response within 14 days after service of defendant's statement; plaintiff's opposition to defendant's motion for summary judgment is not due until further order of this court; plaintiff's 53 motion for leave to proceed ifp is DENIED as moot. (Yin, K)
April 27, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/26/2017 GRANTING IN PART 50 Motion to Compel discovery and DENYING 58 Motion for leave to file a motion for sanctions. Defendant to serve plaintiff with supplemental responses to Interrogatory Nos. 2, 7, and 8 within 14 days after the filing date of this order. Plaintiff's opposition to 54 motion for summary judgment due 30 days after service of the supplemental discovery responses here ordered. (Henshaw, R)
June 14, 2017
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ORDER signed by Magistrate Judge Allison Claire on 06/13/17 ordering plaintiffs motion for appointment of counsel, 63, is denied without prejudice. Plaintiffs motion for the courts assistance in locating his legal property, 62,is granted: A. Within twenty-one (21) days after the filing date of this order, Mr.Derrek J. Lee, the Deputy Attorney General representing defendant in this action, shall file and serve a statement that reflects the following: 1. Mr. Lees inquiry to the CSP-SAC Litigation Coordinator (and any other appropriate CDCR official) concerning the location of plaintiffs legal materials relevant to the instant action; and 2. If plaintiff is not in possession of all relevant legal materials, identify the missing materials, their location(s), and the date(s) when the materials will be delivered to plaintiff. B. If plaintiff is not in possession of all relevant legal materials within the twenty-one (21) day period provided herein, Mr. Lee shall file and serve a statement informing the court when such materials are delivered to plaintiff; if necessary, Mr. Lee shall file and serve status reports every fourteen (14) days until such materials are delivered to plaintiff. C. If, after a diligent search, plaintiffs relevant legal materials cannot be located, Mr. Lee shall promptly inform the court. Plaintiffs motion for extended time, 61, is granted; plaintiff shall file and serve his opposition to defendants motion for summary judgment within forty-five (45) days after he obtains his relevant legal materials, as identified by Mr. Lee in a statement so informing the court. Defendants reply, if any, shall be filed within seven days after plaintiffs opposition is docketed. See Local Rule 230(l). (Plummer, M) Modified on 6/14/2017 (Plummer, M).
July 5, 2017
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ORDER signed by Magistrate Judge Allison Claire on 6/30/2017 ORDERING 62 Request for Court's Assistance, previously granted, is no longer required; the matter is now deemed moot. Plaintiff's opposition to 54 motion for summary judgment is due by 7/24/2017. (Henshaw, R)
December 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 12/20/17 GRANTING 76, 81 Motions to submit additional evidence and briefing. The court will consider these matters as well as plaintiff's filings at ECF 73 and 79; however, plaintiff is directed to submit no additional briefing or evidence in this case, at the risk of sanctions. Defendant's motions to strike plaintiff's additional evidence and briefing 80 and 82 are DENIED. Defendant may within 21 days after the filing date of this order, file and serve a statement addressing plaintiff's additional evidence and briefing; the court will not consider any further filings from plaintiff. (Plummer, M)
February 28, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/27/18 recommending that summary judgment be entered for defendant on plaintiffs claim that defendant was deliberately indifferent to plaintiffs serious medical needs by causing plaintiff to miss his August10, 2012 insulin injection. Summary judgment be denied to both plaintiff and defendant on plaintiffs remaining claims. This action proceed on plaintiffs remaining claims against defendant McCowan for:(1) the use of excessive force, and (2) deliberate indifference to plaintiffs serious medical needs premised on defendants failure to abide by plaintiffs medical chrono for frontal waist restraints. Motions 54 and 71 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M) Modified on 2/28/2018 (Plummer, M).
March 30, 2018
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ORDER signed by District Judge Troy L. Nunley on 3/29/2018 ADOPTING 85 Findings and Recommendations in Full. This action shall proceed on Plaintiff's remaining claims against Defendant McGowan. (Fabillaran, J)
April 4, 2018
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ORDER signed by Magistrate Judge Allison Claire on 04/03/18 GRANTING IN PART 86 Motion to Appoint Counsel. Counsel is appointed for the limited purpose of representing plaintiff at a mandatory settlement conference. The clerk of court is directed to contact Ms. Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR Director) (Plummer, M)
April 9, 2018
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ORDER signed by Magistrate Judge Allison Claire on 04/09/18 ORDERING Rebecca A. Weinstein-Hamilton is appointed as limited-purpose counsel in the above entitledmatter. This appointment is for the limited purpose of assisting plaintiff with preparing for and participating in a settlement conference. Rebecca A. Weinstein-Hamiltons appointment will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. In addition, this matter is again referred to Sujean Park, the courts Dispute Resolution Coordinator, to schedule a mandatory settlement conference at the convenience of all parties and the court. (cc: ADR Director)(Plummer, M) Modified on 4/9/2018 (Plummer, M).
April 16, 2018
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ies are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)). (cc: CKD) (Plummer, M) Modified on 4/16/2018 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 4/13/18 ORDERING ( Settlement Conference set for 6/25/2018 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] not later than June 18, 2018. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Part
April 16, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 4/13/18 ORDERING the Custodian to produce Timothy Ray Baker on 6/25/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custf writ served on the Warden, CSATF) (Plummer, M) Modified on 4/16/2018 (Plummer, M).odian 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: CKD and OTCD)(3 certified copies o
May 2, 2018
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ORDER signed by Magistrate Judge Allison Claire on 05/01/18 ORDERING the SATF Warden, Litigation Coordinator, and other correctional staff, as needed, shall facilitate a confidential telephone call between Timothy Baker and his attorney. The confidential telephone call shall be placed on Wednesday, May 9, 2018, to begin at 9:00 a.m. and shall continue, without interruption, for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall initiate the phone call by calling Ms. Weinstein-Hamilton at (916) 220-3407. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others. Correctional staff, however, may keep inmate Baker under visual surveillance during the conversation. The Clerk of the Court is directed to serve this order by facsimile (559) 992-7191 and email on the Warden and Litigation Coordinator at SATF. (Copy served on Litigation Coordinator by fax at 559-992-7191. A copy of this order served by email on the Litigation Coordinator and Warden)(Plummer, M) Modified on 5/2/2018 (Plummer, M).