Case: Johnson v. California

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

U.S. Court of Appeals for the Ninth Circuit

Oyez

ACLU Northern California

COMPLAINT (Summons(es) issued) (am) (Entered: 02/28/1995)

Case Referred to Magistrate Judge

CASE REFERRED to Magistrate Judge Brian Q. Robbins (am)

NOTICE and ORDER of Reference to Magistrate Judge Brian Q. Robbins (am) (Entered: 02/28/1995)

ORDER granting lv to file action w/o prepayment of fees by Magistrate Judge Brian Q. Robbins (am) (Entered: 02/28/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: This case has been referred to Magistrate Judge Robbins for P/T proceedings. All future pleadings & correspondence shall be addressed to Clerk to Magistrate JudgeRobbins. See document re preparing & submitting pleadings & correspondence. CR: n/a. (gk) (Entered: 03/10/1995)

ORDER by Magistrate Judge Brian Q. Robbins that the U.S. Marshal is auth to proceed w/ svc of process upon James Rolland, Director of California Dept. of Corrections in his individual capacity only, w/o prepayment of costs, until fur ord of Crt. (gk) (Entered: 03/10/1995)

ORDER by Magistrate Judge Brian Q. Robbins that within 20 days of the date of this Ord, plf shall file w/ the crt a ntc that all required documents have been submitted to the U.S. Marshal Service. (gk) (Entered: 03/10/1995)

MOTION/APPLICATION by plf Garrison S. Johnson for an ord directing the U.S. Marshal to effect svc w/o payment of fees . (gk) (Entered: 04/04/1995)

MOTION OR APPLICATION by plf Garrison S. Johnson for an ord directing the U.S. Marshal to effect svc w/o the payment of fees. (gk) (Entered: 04/26/1995)

NOTICE by plf Garrison S. Johnson of submission of documents to U.S. Marshal. (gk) (Entered: 04/26/1995)

MOTION by plf Garrison S. Johnson for leave to amend complaint . (gk) (Entered: 06/10/1995)

RETURN OF ORIGINAL SUMMONS and RETURN OF USM 285 of summons & complaint served upon James Rolland (individual capacity) by mail on 5/18/95; w/ waiver of svc of sms by Sara Turner, as atty of record for dft James Rowland, sent by U.S. Marshal's Office on 4/20/95 & acknowledged on 5/18/95. (gk) (Entered: 06/06/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of plf's motion for leave to amend complaint [11-1]. Plf is hereby GR lv to file a 1st A/C. Plf has 23 days from the date of this Ord to file a 1st A/C. CR: n/a. (gk) (Entered: 06/30/1995)

NOTICE OF MOTION AND MOTION by dft James Rowland to dismiss ; motion hearing set for 3:00 7/25/95; memo of PA in suppt thereof. (gk) (Entered: 06/30/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: Hrg date on dft's motion to dismiss [12-1] is VACATED. On 6/12/95 crt issued a minute ord allowing plf to file a 1st A/C, due by 7/5/95. Thus, dft's mot to dismiss is deemed moot. Dft may if he wishes renew his mot to dism after svc of the 1st A/C. CR: n/a. (gk) (Entered: 06/30/1995)

FIRST AMENDED COMPLAINT [1-1] by plf Garrison S. Johnson; terminating dfts James Rolland & John Does; adding dfts California Department of Corrections & James Gomez. (gk) (Entered: 07/07/1995)

MOTION by plf Garrison S. Johnson for svc of cmp by U.S. Marshal . (gk) (Entered: 07/18/1995)

FIRST AMENDED COMPLAINT [15-1] by plf Garrison S. Johnson; terminating dft CA Dept of Corrections; adding dft James Rowland. (gk) (Entered: 07/07/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf on 7/3/95 entitled "1st A/C." Plf fld a 1st A/C on 6/23/95. Plf is advised that if plf wants to amend the cmp fld on 6/23/95 he ask lv of the Crt to file a 2nd A/C. Plf is ORD to provide a stat rpt to this Crt within 21 days indicating whether he wishes to proceed on the 1st A/C of 6/23/95 or whether he wishes to amend his cmp. CR: n/a. (gk) (Entered: 07/18/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf entitled "stat rpt" & "mot for lv to amend cmp." Plf is GR 30 days from the date of this Ord to file a 2nd A/C. CR: n/a. (gk) (Entered: 07/31/1995)

STATUS REPORT by plf Garrison S. Johnson. (gk) (Entered: 08/05/1995)

SECOND AMENDED COMPLAINT [16-1] by plf Garrison S. Johnson. (gk) (Entered: 08/14/1995)

NOTICE OF MOTION AND MOTION by dft Rowland to dismiss ; motion hearing set for 3:00 9/26/95; memo of PA in suppt thereof. (gk) (Entered: 09/13/1995)

MOTION by plf Garrison S. Johnson requesting court to order dfts to resp to plf's 2nd A/C . (gk) (Entered: 09/13/1995)

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf entitled "2nd A/C." Crt will accept the 2nd A/C. Plf is advised that he must properly serve the 2nd A/C on dfts. CR: n/a. (gk) (Entered: 09/13/1995)

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson req svc by usm (kr) (Entered: 09/22/1995)

OPPOSITION by plf Garrison S. Johnson to dft's motion to dismiss in suppt of aff [22-1]. (gk) (Entered: 10/05/1995)

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss [22-1] was fld by dft Rowland. ORD tht the rply be fld NLT 10-17-95. (et) (Entered: 10/18/1995)

Reply to plf's opposition by defendant James Rowland to motion to dismiss [22-1] (et) (Entered: 10/23/1995)

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson for order directing the US Marshal to svc deft ; motion hearing set for <date not set> (jc) (Entered: 12/04/1995)

REQUEST by plaintiff Garrison S Johnson for Waiver of Sms (jc) (Entered: 01/12/1996)

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson for stat rpt ; motion hearing set for <date not set> (jc) (Entered: 01/24/1996)

ORDER by Chief Judge Wm. M. Byrne, Pur to the recommended procedure adopted by the Crt for the creation of the cal of Judge Kim McLane Wardlaw, Case transferred frm the cal of Judge Gadbois, Jr., to the cal of Judge Kimberly M. Wardlaw for all further proceedings . Case shld now read CV 95-1192 KMW (BQR). (et) (Entered: 01/24/1996)

MOTION by plaintiff Garrison S Johnson for order requesting Dist Judge to issue an ord in this case for reason stated herein . (ab) (Entered: 04/24/1996)

MINUTES: granting motion for order directing the US Marshal to svc deft [29-1]; The svc shl be solely on Mr James gomez who is the only named deft in the the 1st A/C; the defense my refi a mtn to dism based solely on pltf's 1st A/C. Deftf's previous motion to dismiss [22-1] moot. by Magistrate Judge Brian Q. Robbins CR: n/a (jc) (Entered: 06/24/1996)

ORDER by Magistrate Judge Brian Q. Robbins dismissing the complaint [21-1]. Plf sh w/i 23 dys fr the dt of entry of this order, file an amnded cmp. It should be labeled Third Amnded Cmp. It should in no way refer to 2nd amnded cmp. (ENT 7/17/96), mld cpys & ntcs. (twdb) (Entered: 07/17/1996)

3RD AMENDED COMPLAINT [16-1] by plaintiff Garrison S Johnson (jc) (Entered: 08/05/1996)

NOTICE OF MOTION AND MOTION by defendant James Rowland to dismiss Third A/C for failure to state cause of action and barred by statute of limitations ; motion hearing set for 3:00 9/24/96 (th) Modified on 08/26/1996 (Entered: 08/26/1996)

MEMORANDUM of points and authorities by defendant James Rowland in support of motion to dismiss Third A/C [37-1] (th) (Entered: 08/26/1996)

REQUEST by defendant James Rowland for JUDICIAL NTC (jc) (Entered: 08/26/1996)

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1]; Opp or stmt of non opp be fi nlt 9/12/96; Rply fi nlt 9/19/96 (jc) (Entered: 09/09/1996)

ORDER by Magistrate Judge Brian Q. Robbins; tht US Marshal is auth to proc w/svc of process upon dfts ONLY w/o prepayment of cost until fur ord of the crt; James Gomez, Dire of Corr, individually & James Roland, Fomer Dir, individually (jc) (Entered: 09/16/1996)

OPPO by plaintiff Garrison S Johnson to motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1], motion req svc by usm [25-1] (jc) (Entered: 09/10/1996)

RPLY TO OPP by defendant James Rowland to motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1] (jc) (Entered: 09/20/1996)

NOTICE by plaintiff Garrison S Johnson of submission of docs to U.S. Marshal (np) (Entered: 10/03/1996)

NOTICE OF MOTION AND MOTION by defendant James Gomez to dismiss third amended cmp ; motion hearing set for 3:00 1/7/97 (shb) (Entered: 12/03/1996)

MEMORANDUM of PA by defendant James Gomez in support of motion to dismiss third amended cmp [45-1] (shb) (Entered: 12/03/1996)

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss third amended cmp [45-1], Opp nlt 12/18/96, rply nlt 1/2/97 (dmjr) (Entered: 12/04/1996)

WAIVER OF SERVICE of SUMMONS by defendant James Rowland sent by plf on 10/1/96 by Sara Turner, atty, USM retn (dmjr) (Entered: 12/10/1996)

WAIVER OF SERVICE of SUMMONS by defendant James Gomez sent by plf on 10/1/96 by Sara Turner, atty; USM retn (dmjr) (Entered: 12/10/1996)

OPPOSITION by plaintiff motion to dismiss third amended cmp [45-1] (dmjr) (Entered: 12/16/1996)

Ret RECEIPT of Proof of del of ord dtd 12/2/96 by legal mail rec by - illegible sign, on 12/6/96. (lori) Modified on 12/18/1996 (Entered: 12/18/1996)

REPLY by defendant James Gomez to response to motion to dismiss third amended cmp [45-1] (dmjr) (Entered: 01/06/1997)

MOTION by plaintiff Garrison S Johnson for appointment of counsel (jag) (Entered: 03/18/1997)

MOTION by plaintiff Garrison S Johnson for svc of amd cmp upon dfts Peter Stamison & Bert Roberts by US Marshal (jag) (Entered: 03/18/1997)

MOTION by plaintiff Garrison S Johnson for leave to file amd cmp (jag) (Entered: 03/18/1997)

MINUTES: Plf's motion for appointment of counsel [53-1] is DENIED. by Magistrate Judge Brian Q. Robbins CR: n/a (jag) (Entered: 03/20/1997)

MINUTES: Plf's motion for leave to file amd cmp [55-1] is DENIED w/out prej. Plf may renew his mot after the crt has ruled on the currently pending mot to dism fld by dfts in this actn. by Magistrate Judge Brian Q. Robbins CR: n/a (jag) (Entered: 03/24/1997)

REPORT AND RECOMMENDATION of U.S. Magistrate Judge Brian Q. Robbins that Crt ent an ord granting dfts' mots to dism & dism pla's 3rd A/C w/prej. (dhl) (Entered: 07/07/1997)

NOTICE OF FILING REPORT AND RECOMMENDATION of U.S. Magistrate Judge Brian Q. Robbins and lodging of proposed judgment &/or ord (dhl) (Entered: 07/07/1997)

OBJECTIONS by plaintiff Garrison S Johnson to Report and Recommendation [58-1] (jag) (Entered: 07/16/1997)

MOTION by plaintiff Garrison S Johnson requesting final judgment (jag) (Entered: 11/18/1997)

ORDER by Judge Kim M. Wardlaw adopting report and recommendation motion NOTICE OF FILING REPORT AND RECOMMENDATION [59-1] (ENT 1/9/98) mld cpys (bp) Modified on 01/09/1998 (Entered: 01/09/1998)

JUDGMENT AND ORDER: It is ADJUDGED that the dft's mots to dismiss are granted, and that pla's third amd cmp is dismissed without lv to amd by Judge Kim M. Wardlaw . terminating case NUNC PRO TUNC 8/12/97 (ENT 1/9/98) MD JS-6 mld cpys & ntc. (bp) (Entered: 01/09/1998)

NOTICE OF APPEAL by plaintiff Garrison S Johnson to 9th C/A from Dist. Court Jgm & Ord fld 1/8/98 & ent 1/9/98 (cc: Garrison S. Johnson; State Attorney General) Fee: Billed. (pjap) (Entered: 02/03/1998)

TRANSCRIPT DESIGNATION and ordering form. (ghap) (Entered: 02/17/1998)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [64-1] 98-55302 (weap) (Entered: 03/06/1998)

MINUTES:ntc of referral; the attached ntc of referral directed to Judge Wardlaw by the US Crt of appeals is being ref to Mag Judge Robins for his recommendation by Judge Kim M. Wardlaw CR: none (ab) (Entered: 03/19/1998)

ORDER re CERT OF APPEALABILITY by Judge Kim M. Wardlaw; Crt has reviewed the matter, It is ordered that the Cert of Appealability [64-1] is DENIED. There has been no substantial showing of the denial of a constitutional right. (ENT 4/2/98). mld cpys & ntcs. (jag) (Entered: 04/02/1998)

9thcca Order: Appellant's mot for appointment of cnsl is den. Appellant's mot for a certificate of probable cause is den as unnecessay. (weap) (Entered: 07/27/1998)

CERTIFICATE of Record Transmitted to USCA (98-55302) (cc: all parties) (pjap) (Entered: 12/02/1998)

Appeal Record Sent to USCA (A-26)

CLERK'S record on appeal transmitted to Circuit vols: 1 (pjap)

Miscellaneous Document

LODGED cc 9th CCA Ord: Jgm of said Dist Crt hereby is affirmed in part & remanded in part. Each pty shll bear their own costs. (98-55302) (FWD TO CRD) (pjap)

NOTICE OF REASSIGNMENT Of Case Upon Rcpt of Mandate Frm The Ninth Circuit Crt of Appeals. Case randomly reassgned to Judge Consuelo B. Marshall for all fur procdngs. Case no. now reads as CV 95-1192 CBM (BQR) (cc: all counsel) (rn) (Entered: 05/01/2000)

MINUTES: In its decision, the 9th CCA has dir tht the Dist Crt shl req the appt of pro bono cnsl. The US Mag Judge has on 5/8/00 requested the appt of said pro bono cnsl from the US Mag Judge coordinating the pro bono cnsl prog. The Crt will issue a fur ord setting a status conf in this mttr at the ti tht pro bono cnsl is designated by Magistrate Judge Brian Q. Robbins (pbap) (Entered: 05/12/2000)

MANDATE from Circuit Court of Appeals affirming in part & reversing in part is filed & spread on the minutes of this crt (dmjr) (Entered: 05/17/2000)

CERTIFIED COPY of judgment from USCA affirming in part & rrmanding in part, each party s/bear own costs (ENT 5/17/00) (cc: all counsel) (dmjr) (Entered: 05/17/2000)

RECORD on appeal returned from U.S. Court of Appeals vols: 1 (pjap) (Entered: 06/14/2000)

ATTORNEY SUBSTITUTION: terminating attorney Garrison S Johnson for Garrison S Johnson by plaintiff Garrison S Johnson and substituting attorney Kenneth Ingber by Judge Consuelo B. Marshall (pbap) (Entered: 06/22/2000)

FOURTH AMENDED COMPLAINT [36-1] by plaintiff Garrison S Johnson; jury demand. Summons smms issd (pbap) (Entered: 07/12/2000)

Certification OF INTERESTED PARTIES filed by plaintiff Garrison S Johnson (pbap) (Entered: 07/12/2000)

MINUTES: Kenneth S. Ingber, Esq. having substituted in as cnsl of record in this mttr on 6/19/00, ORD cnsl for plf and cnsl for dft to appear for ; status conference set on 3:00 8/9/00 by Magistrate Judge Brian Q. Robbins (pbap) (Entered: 07/11/2000)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Brian Q. Robbins Plf's 4th A/C w/summons; cert as to int ptys rcvd on 7/5/00 are to be fld and processed. (pbap) (Entered: 07/12/2000)

PROOF OF SERVICE executed upon defendants James Rowland, James H Gomez on 7/17/00 by US Mail by delivering 4th A/C to Sara Turner Esq, California Attorney General & Barbara C Spiegel Esq, Attorney General's Office (ad) (Entered: 07/21/2000)

ANSWER filed by defendant James Rowland, defendant James Gomez to 4th amended complaint [78-1]; jury demand (pbap) (Entered: 08/09/2000)

PROOF OF SERVICE executed upon defendant State of CA on 8/1/00 by personal svc by delivering sums, 4th A/C to Silvia Francisco, Legal Analyst auth to accept svc (jp) (Entered: 08/08/2000)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Brian Q. Robbins ordering Gomez & Rowland's ans to cmp submitted by defendant James Rowland, defendant James Gomez received on 8/3/00 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pbap) (Entered: 05/03/2002)

REQUEST by defendant James Rowland, defendant James Gomez for lv to take the depo of plf, a person confined in state prison. (pbap) (Entered: 08/18/2000)

ORDER - event converted from ICMS

LODGED/PROPOSED ORDER submitted .(FWD TO CRD) (pbap)

ORDER by Magistrate Judge Brian Q. Robbins declined motion request [84-1] (pbap) (Entered: 08/23/2000)

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 2-3 days (pbap) (Entered: 08/25/2000)

MINUTES: status hrg hld on 8/9/00 by Magistrate Judge Brian Q. Robbins CR: n/a (dmjr) (Entered: 08/25/2000)

STIPULATED SCHEDULING ORDER by Magistrate Judge Brian Q. Robbins ; discovery ddl set on 12/8/00 ;fur status conference set on 3:00 1/19/01 (pbap) (Entered: 08/25/2000)

2ND REQUEST by defendant James Gomez, defendant James Rowland for lv to take the depo of plf, a person confined in state prison. (pbap) (Entered: 08/29/2000)

MINUTES: granting motion request [89-1] ; IN COURT HEARING RE: sched set on 10:30 10/5/00 by Magistrate Judge Brian Q. Robbins**see min ord for addtnl info** (pbap) (Entered: 08/30/2000)

MINUTES: ; mandatory status conference held Cnsl enter their appearance. For the reasons stated on the record, cnsl are to lodge with the crt a stip re the continuance of the previous dates set. by Magistrate Judge Brian Q. Robbins CR: n/a (shb) (Entered: 01/24/2001)