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: March 14, 2012

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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 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.

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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)

Attorney for Plaintiff

Attorney for Defendant

Becker, Christopher James (California)

Brown, Edmund G. Jr. (California)

Chaney, David S. (California)

East, Rochelle C. (California)

Judge(s)

England, Morrison C. Jr. (California)

King, George H. (California)

Moulds, John F. (California)

Mueller, Kimberly Jo (California)

Attorney for Plaintiff

Kammerling, Rebecca (California)

Khorrami, Shawn (California)

Ravis, Mark S. (California)

Travis, Karen (California)

Attorney 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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:08-cv-04454	Docket [PACER] U.S. District Court for the Central District of California	Nov. 6, 2008	Nov. 6, 2008 Docket
2:08-cv-01954	Docket Jackson v. Traquina	April 5, 2012	April 5, 2012 Docket
1 2:08-cv-04454	Complaint for Injunctive Relief for Violation of Civil Rights U.S. District Court for the Central District of California	July 8, 2008	July 8, 2008 Complaint
3 2:08-cv-04454	Order to Show Cause U.S. District Court for the Central District of California	July 18, 2008	July 18, 2008 Order/Opinion
8 2:08-cv-04454	Order Transferring Action U.S. District Court for the Central District of California	Aug. 19, 2008	Aug. 19, 2008 Order/Opinion
12 2:08-cv-01954	Defendant's Notice of Motion and Motion that the Court Screen Plaintiff's Complaint Under R 28 U.S.C. § 1915A	Aug. 26, 2008	Aug. 26, 2008 Pleading / Motion / Brief
24 2:08-cv-01954	Defendant Dezember's Response to Order to Show Cause	Sept. 19, 2008	Sept. 19, 2008 Pleading / Motion / Brief
27 2:08-cv-01954	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	Oct. 10, 2008 Complaint
31 2:08-cv-01954	Defendants' Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities	Nov. 20, 2008	Nov. 20, 2008 Pleading / Motion / Brief
35 2:08-cv-01954	Order Jackson v. Traquina	March 11, 2009	March 11, 2009 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
White Paper: Policies for Expanding Hepatitis C Testing and Treatment in United States Prisons and Jails Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.	This white paper proposes policies for expanding access to Hepatitis C (HCV) testing and treatment in United States jails and prisons. In recent years, dozens of lawsuits across the country have sou…	April 2023	April 19, 2023

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Docket

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

Last updated April 6, 2025, 3:20 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint 1 Notice of Assignment View on PACER	July 8, 2008	July 8, 2008 PACER
2	Notice - Other	July 8, 2008	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	July 18, 2008 RECAP
4	Notice - Other	July 30, 2008	July 30, 2008 PACER
5	Notice - Other	Aug. 4, 2008	Aug. 4, 2008 PACER
6	Notice of Related Case	Aug. 5, 2008	Aug. 5, 2008 PACER
7	Notice - Other	Aug. 5, 2008	Aug. 5, 2008 PACER
8	Minute Order 1 CV-22 Transmittal Letter - Civil Case Transfer Out View on PACER	Aug. 19, 2008	Aug. 19, 2008 PACER
9	Case Transferred In - District Transfer	Aug. 21, 2008	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	Aug. 21, 2008 PACER
11	Notice - Other	Aug. 26, 2008	Aug. 26, 2008 PACER
12	Motion for Miscellaneous Relief	Aug. 26, 2008	Aug. 26, 2008 Clearinghouse
13	Request for Judicial Notice 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Aug. 26, 2008	Aug. 26, 2008 PACER
14	Proposed Order	Aug. 26, 2008	Aug. 26, 2008 PACER
15	Certificate of Service	Aug. 26, 2008	Aug. 26, 2008 PACER
16	Minute Order	Aug. 27, 2008	Aug. 27, 2008 PACER
21	Mail Returned	Aug. 28, 2008	Aug. 28, 2008 PACER
17	Request	Aug. 29, 2008	Aug. 29, 2008 PACER
18	Request for Judicial Notice 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Aug. 29, 2008	Aug. 29, 2008 PACER
19	Proposed Order	Aug. 29, 2008	Aug. 29, 2008 PACER
20	Certificate of Service	Aug. 29, 2008	Aug. 29, 2008 PACER
22	Amended Complaint	Sept. 3, 2008	Sept. 3, 2008 PACER
23	Minute Order	Sept. 4, 2008	Sept. 4, 2008 PACER
24	Reply	Sept. 19, 2008	Sept. 19, 2008 Clearinghouse
25	Response to Order to Show Cause	Sept. 26, 2008	Sept. 26, 2008 PACER
26	Minute Order	Sept. 30, 2008	Sept. 30, 2008 PACER
27	Amended Complaint	Oct. 10, 2008	Oct. 10, 2008 Clearinghouse
30	Clerk's Notice of Docket Correction	Oct. 10, 2008	Oct. 10, 2008 PACER
28	Designation of Counsel	Oct. 30, 2008	Oct. 30, 2008 PACER
29	Summons	Nov. 5, 2008	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	Nov. 20, 2008 Clearinghouse
32	Memorandum	Jan. 20, 2009	Jan. 20, 2009 PACER
33	Reply	Jan. 29, 2009	Jan. 29, 2009 PACER
34	Minute Order	Feb. 4, 2009	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	March 12, 2009 Clearinghouse
36	Minute Order	March 31, 2009	March 31, 2009 PACER
37	Notice - Other	April 13, 2009	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	April 17, 2009 PACER
39	Motion to Dismiss	May 26, 2009	May 26, 2009 PACER
40	Declaration	May 26, 2009	May 26, 2009 PACER
41	Declaration	May 26, 2009	May 26, 2009 PACER
42	Minute Order	May 28, 2009	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	June 2, 2009 Clearinghouse
44	Request	June 11, 2009	June 11, 2009 PACER
45	Declaration	June 11, 2009	June 11, 2009 PACER
46	Proposed Order	June 11, 2009	June 11, 2009 PACER
47	Substitution of Attorney - Proposed	June 11, 2009	June 11, 2009 PACER
48	Designation of Counsel	June 15, 2009	June 15, 2009 PACER
49	Status Report	June 16, 2009	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	June 17, 2009 RECAP
51	Opposition to Motion	July 13, 2009	July 13, 2009 PACER
52	Reply to Response to Motion	July 22, 2009	July 22, 2009 PACER
53	Minute Order	July 24, 2009	July 24, 2009 PACER
54	Minute Order	July 29, 2009	July 29, 2009 PACER
55	Minute Order	Aug. 28, 2009	Aug. 28, 2009 PACER
56	Substitution of Attorney - Proposed	Sept. 2, 2009	Sept. 2, 2009 PACER
57	Substitution of Attorney Order	Sept. 9, 2009	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	Oct. 5, 2009 Clearinghouse
59	Status Report	Oct. 26, 2009	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	Nov. 19, 2009 RECAP
61	Clerk's Notice of Docket Correction	Nov. 19, 2009	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	Sept. 21, 2011 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 13, 2012	March 13, 2012 RECAP