Case: Jackson v. Dezember

2:08-cv-01954 | U.S. District Court for the Eastern District of California

Filed Date: July 8, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 8, 2008, Kevin Jackson, a California inmate suffering from hepatitis C, filed this class action suit in U.S. District Court against the California Department of Corrections and Rehabilitation, under 42 U.S.C. § 1983. Jackson filed in the Central District of California (Docket No. 2:08-cv-04454), but on 8/19/2008, the matter was transferred to the Eastern District of California, and given a new docket number (2:08-cv-01954)/ The class, represented by private counsel, asked the court for…

On July 8, 2008, Kevin Jackson, a California inmate suffering from hepatitis C, filed this class action suit in U.S. District Court against the California Department of Corrections and Rehabilitation, under 42 U.S.C. § 1983. Jackson filed in the Central District of California (Docket No. 2:08-cv-04454), but on 8/19/2008, the matter was transferred to the Eastern District of California, and given a new docket number (2:08-cv-01954)/ The class, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that the state's deficiencies in treatment constituted cruel and unusual punishment under the Eighth Amendment. The suit charged that the Department of Corrections excluded thousands of inmates from liver biopsies and other treatments, allowing the hepatitis to progress. The plaintiff later amended the complaint, no longer seeking a class action but instead seeking damages for the specific harm done to him.

The CDCR filed a motion to dismiss, alleging that the plaintiff had not sought out the proper remedies before filing the suit, violating the Prison Litigation Reform Act, 42 U.S.C. 1997e. The district court (Judge Morrison England) denied the motion, ruling that it was misplaced (2009 WL 3296677). He held that, even though the plaintiff had not yet exhausted his remedies, the amended complaint properly addressed the issues raised by the defendants.

Over time, it appears that the plaintiff's attorney stopped pursuing this action. On March 12, 2012, Judge England dismissed the claims under Rule 41(b) for failure to prosecute. The court cited failure to comply with an order of the court (to show cause why it should not dismiss for failure to prosecute) as the grounds for dismissal.

Summary Authors

Jonathan Forman (7/17/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4159578/parties/jackson-v-traquina/


Judge(s)

England, Morrison C. Jr. (California)

King, George H. (California)

Moulds, John F. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Kammerling, Rebecca (California)

Khorrami, Shawn (California)

Ravis, Mark S. (California)

Travis, Karen (California)

Attorneys(s) for Defendant

Becker, Christopher James (California)

Brown, Edmund G. Jr. (California)

Judge(s)

England, Morrison C. Jr. (California)

King, George H. (California)

Moulds, John F. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Kammerling, Rebecca (California)

Khorrami, Shawn (California)

Ravis, Mark S. (California)

Travis, Karen (California)

Attorneys(s) for Defendant

Becker, Christopher James (California)

Brown, Edmund G. Jr. (California)

Chaney, David S. (California)

East, Rochelle C. (California)

Gomez, Gregory George (California)

Kwong, William C (California)

Patterson, Thomas S. (California)

Steele, Jeffery (California)

Tillman, Lisa Anne (California)

Williams, Kenneth R. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

U.S. District Court for the Central District of California

Nov. 6, 2008 Docket

Docket

Jackson v. Traquina

April 5, 2012 Docket
1

Complaint for Injunctive Relief for Violation of Civil Rights

U.S. District Court for the Central District of California

July 8, 2008 Complaint
3

Order to Show Cause

U.S. District Court for the Central District of California

July 18, 2008 Order/Opinion
8

Order Transferring Action

U.S. District Court for the Central District of California

Aug. 19, 2008 Order/Opinion
12

Defendant's Notice of Motion and Motion that the Court Screen Plaintiff's Complaint Under R 28 U.S.C. § 1915A

Aug. 26, 2008 Pleading / Motion / Brief
24

Defendant Dezember's Response to Order to Show Cause

Sept. 19, 2008 Pleading / Motion / Brief
27

First Amended Complaint for Damages for Cruel and Unusual Punishment Based on Denial of Medical Care in Violation of the Eighth Amendment to the United States Constitution

Jackson v. Traquina

Oct. 10, 2008 Complaint
31

Defendants' Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities

Nov. 20, 2008 Pleading / Motion / Brief
35

Order

Jackson v. Traquina

March 11, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4159578/jackson-v-traquina/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

1 Notice of Assignment

View on PACER

July 8, 2008 PACER
2

Notice - Other

July 8, 2008 PACER
3

ORDER TO SHOW CAUSE (In Chambers) by Judge George H. King; Plaintiff's Response to Order to Show Cause why this matter should not be transferred to the Eastern District of California, Sacramento Division, is due by 7/30/2008.(pp)[Transferred from cacd on 8/21/2008.]

July 18, 2008 RECAP
4

Notice - Other

July 30, 2008 PACER
5

Notice - Other

Aug. 4, 2008 PACER
6

Notice of Related Case

Aug. 5, 2008 PACER
7

Notice - Other

Aug. 5, 2008 PACER
8

Minute Order

1 CV-22 Transmittal Letter - Civil Case Transfer Out

View on PACER

Aug. 19, 2008 PACER
9

Case Transferred In - District Transfer

Aug. 21, 2008 PACER
10

Civil New Case Documents for MCE

1 Consent Forms

View on PACER

2 VDRP Forms

View on PACER

Aug. 21, 2008 PACER
11

Notice - Other

Aug. 26, 2008 PACER
12

Motion for Miscellaneous Relief

Aug. 26, 2008 PACER
13

Request for Judicial Notice

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Aug. 26, 2008 PACER
14

Proposed Order

Aug. 26, 2008 PACER
15

Certificate of Service

Aug. 26, 2008 PACER
16

Minute Order

Aug. 27, 2008 PACER
21

Mail Returned

Aug. 28, 2008 PACER
17

Request

Aug. 29, 2008 PACER
18

Request for Judicial Notice

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Aug. 29, 2008 PACER
19

Proposed Order

Aug. 29, 2008 PACER
20

Certificate of Service

Aug. 29, 2008 PACER
22

Amended Complaint

Sept. 3, 2008 PACER
23

Minute Order

Sept. 4, 2008 PACER
24

Reply

Sept. 19, 2008 PACER
25

Response to Order to Show Cause

Sept. 26, 2008 PACER
26

Minute Order

Sept. 30, 2008 PACER
27

Amended Complaint

Oct. 10, 2008 PACER
30

Clerk's Notice of Docket Correction

Oct. 10, 2008 PACER
28

Designation of Counsel

Oct. 30, 2008 PACER
29

Summons

Nov. 5, 2008 PACER
31

Motion to Dismiss

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Proof of Service

View on PACER

Nov. 20, 2008 PACER
32

Memorandum

Jan. 20, 2009 PACER
33

Reply

Jan. 29, 2009 PACER
34

Minute Order

Feb. 4, 2009 PACER
35

ORDER signed by Judge Morrison C. England, Jr on 3/11/09 ORDERING that 31 dfts' motion to dismiss is DENIED, without prejudice to renewing said motion upon an adequate evidentiary record. (Kastilahn, A)

March 12, 2009 RECAP
36

Minute Order

March 31, 2009 PACER
37

Notice - Other

April 13, 2009 PACER
38

Request

1 Declaration Tillman Declaration in Support of Request for Extension of Time re F

View on PACER

2 Proposed Order

View on PACER

April 17, 2009 PACER
39

Motion to Dismiss

May 26, 2009 PACER
40

Declaration

May 26, 2009 PACER
41

Declaration

May 26, 2009 PACER
42

Minute Order

May 28, 2009 PACER
43

ORDER signed by Judge Morrison C. England, Jr on 6/2/09 ORDERING dfts' request for extension of time to file a joint status report is GRANTED; the joint status report is now due 6/11/09. (Carlos, K)

June 2, 2009 RECAP
44

Request

June 11, 2009 PACER
45

Declaration

June 11, 2009 PACER
46

Proposed Order

June 11, 2009 PACER
47

Substitution of Attorney - Proposed

June 11, 2009 PACER
48

Designation of Counsel

June 15, 2009 PACER
49

Status Report

June 16, 2009 PACER
50

ORDER signed by Judge Morrison C. England, Jr on 06/16/09 GRANTING 44 Request For Extension of Time. IT IS ORDERED that the Joint Preliminary Report and Discovery Plan is now due on June 16, 2009. (Streeter, J)

June 17, 2009 RECAP
51

Opposition to Motion

July 13, 2009 PACER
52

Reply to Response to Motion

July 22, 2009 PACER
53

Minute Order

July 24, 2009 PACER
54

Minute Order

July 29, 2009 PACER
55

Minute Order

Aug. 28, 2009 PACER
56

Substitution of Attorney - Proposed

Sept. 2, 2009 PACER
57

Substitution of Attorney Order

Sept. 9, 2009 PACER
58

MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr on 10/02/09 ORDERING the Defendants' Motion to Dismiss 39 is DENIED. The parties shall file a Joint Status Report not later than twenty (20) calendar days after this Order is filed electronically. (Becknal, R)

Oct. 5, 2009 RECAP
59

Status Report

Oct. 26, 2009 PACER
60

PRETRIAL SCHEDULING ORDER, signed by Judge Morrison C. England, Jr., on 11/18/09: Designation of Expert Witnesses DUE by 11/2/2011. Discovery is DUE by 9/2/2011. All dispositive motions shall be heard by 1/2/2012. Final Pretrial Conference is SET for 5/3/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. Joint final pretrial conf statement DUE by 4/12/2012. Trial briefs DUE by 4/19/2012 by 4:00 p.m. Evidentiary or procedural motions DUE by 4/12/2012, oppositions DUE by 4/19/2012, and any reply DUE by 4/26/2012. Jury Trial is SET for 7/2/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr., and it's estimated to last five days. (Kastilahn, A)

Nov. 19, 2009 RECAP
61

Clerk's Notice of Docket Correction

Nov. 19, 2009 PACER
68

ORDER signed by Judge Kimberly J. Mueller on 9/20/2011 GRANTING the stipulation of the parties to extend discovery cut-off for 45 days. Discovery due by 10/14/2011.(Michel, G)

Sept. 21, 2011 RECAP
74

ORDER signed by Judge Kimberly J. Mueller on 2/21/12, ORDERING that the hearing on the motion for summary judgment, currently set for 2/24/12, is hereby VACATED. Plaintiff is ordered to SHOW CAUSE within 14 days of the date of this order why the case should not be dismissed for his failure to prosecute and to respond to the court's order. (Kastilahn, A)

Feb. 22, 2012 RECAP
75

ORDER signed by Judge Kimberly J. Mueller on 3/12/12 ORDERING that this action is dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). CASE CLOSED(Becknal, R)

March 14, 2012 RECAP

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 8, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

California prisoner with hepatitis C

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

California Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Medical/Mental Health:

Hepatitis

Medical care, general

Type of Facility:

Government-run