Case: Rouser v. White

2:93-cv-00767 | U.S. District Court for the Eastern District of California

Filed Date: May 7, 1993

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 7, 1993, a Wiccan prisoner incarcerated by the California Department of Corrections since 1979 filed a lawsuit against prison officials in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and California state law. The plaintiff, represented pro se and sometimes by private counsel, asked the court for injunctive relief and damages, claiming that the prison officials had violated his right to fr…

On May 7, 1993, a Wiccan prisoner incarcerated by the California Department of Corrections since 1979 filed a lawsuit against prison officials in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and California state law. The plaintiff, represented pro se and sometimes by private counsel, asked the court for injunctive relief and damages, claiming that the prison officials had violated his right to freedom of religion. Specifically, the prisoner claimed that officials failed to accommodate his practice of the Wiccan religion by denying him access to Tarot cards and his Witches Bible while in segregation.

On March 31, 1995, the District Court (Judge Lawrence K. Karlton) granted the prisoner's motion for summary judgment as to his free exercise claim but denied the motion in all other respects. Also, Judge Karlton granted the defendants' motion for summary judgment in all respects other than the claims regarding tarot cards and the denial of the Witches Bible while in administrative segregation. Judge Karlton issued a preliminary injunction requiring the defendants to allow the prisoner to have tarot cards for religious rituals, but the prisoner's request for injunctive relief was denied in all other respects.

The United States intervened for the limited purpose of defending the constitutionality of the Religious Freedom Restoration Act, and both the prisoner and the prison officials moved for summary judgment. The prisoner also moved for a preliminary injunction.

On October 28, 1996, Judge Karlton denied the parties' motions for summary judgment and the prisoner's motion for preliminary injunction. Judge Karlton held that (1) even if the Act provided greater federal protection for exercise of religion than currently provided under First Amendment case law, its adoption fell within Congress' power to enact legislation to enforce the Fourteenth Amendment. Therefore the Act was constitutional, and material issues of fact as to the sincerity of the prisoner's religious beliefs precluded summary judgment for either party. Rouser v. White, 944 F. Supp. 1447 (E.D. Cal. 1996).

On February 12, 1997, the prisoner filed an amended complaint concerning his ability to practice his Wiccan religion from approximately 1990 to 1997 at California State Prison-Sacramento (CSP-Sac).

On May 6, 1997, Judge Karlton dismissed the prisoner's claims for money damages under the California Constitution and denied the defendants' motions to dismiss.

In November 1997, the parties settled. The terms of the settlement provided that the prisoner would have access to the Wiccan Bible and other religious materials even while housed in a Security Housing Unit or Administrative Segregation—which was consistent with policies and procedures regulating prisoners' access to religious articles. Additionally, the settlement agreed to permit a volunteer Wiccan spiritual advisor to conduct Wiccan services. On December 5, 1997, the court dismissed the case pursuant to the parties' private settlement.

However, in 2003, the prisoner notified the court that the defendants were not honoring the terms of the settlement. Therefore, on May 8, 2003, Judge Karlton remanded the case to the magistrate judge.

On December 17, 2003, Magistrate Judge Gregory G. Hollows found that the defendants were in compliance with the 1997 settlement agreement. However, on March 23, 2004, Judge Karlton adopted in part and rejected in part the magistrate judge's findings. Accordingly, Judge Karlton reopened the case pursuant to the Prison Litigation Reform Act, which provides that the only way for courts to enforce private settlement agreements is to reinstate civil proceedings. The prisoner's prior counsel withdrew and then in 2006 the prisoner's substituted counsel also withdrew.

On August 4, 2004, Magistrate Judge Hollows denied the defendants' motion to vacate the evidentiary hearing date set by the court. On August 17, 2004, Judge Karlton affirmed that decision.

On January 30, 2006, proceeding pro se, the prisoner filed a supplemental complaint which included claims regarding his ability to practice his Wiccan religion occurring at CSP-Sac from 1999 until his transfer to Mule Creek State Prison (MCSP) as well as his ability to practice his religion while at MCSP. The supplemental complaint named 26 new defendants. The defendants moved moved to dismiss the claims regarding the events occurring at CSP-Sac after 1999. The defendants also moved to stay this action pending a determination of a class of Wiccan/Pagain prisoners in McCollum v. California Department of Corrections, No. C-04-3339 CRB (N.D.Cal.).

On July 11, 2006, Magistrate Judge Gregory G. Hollows determined that it would be more efficient to sever the claims raised in the supplemental complaint, but for the injunctive relief claims regarding MCSP, and allow the plaintiff to proceed with these claims in a separate action. The jury trial in this action would then concern the plaintiff's claims for damages regarding the events occurring at CSP-Sac alleged in the operative amended complaint and his claims for injunctive relief regarding MCSP. Thus, the defendants' motion to dismiss the claims raised in the supplemental complaint was vacated. Magistrate Judge Hollows also found that the defendants' motion to stay was premature because the plaintiffs in McCollum had not yet moved for class certification. Rouser v. White, 2006 WL 1897125 (E.D. Cal. July 11, 2006). On September 27, 2006, Judge Karlton adopted the Magistrate Judge's findings and recommendations in full and denied the defendants' March 14, 2006 motion to stay. Rouser v. White, 2006 WL 2790525 (E.D. Cal. Sept. 27, 2006).

In June 2007, the prisoner was transferred to Pleasant Valley State Prison (PVSP). As a result, on June 20, 2007, Judge Karlton dismissed the prisoner's claim for injunctive relief as moot and ordered the jury trial date be rescheduled at the trial confirmation hearing.

On October 16, 2007, Magistrate Judge Hollows recommended that the prisoner's request for preliminary injunctive relief be denied in light of the upcoming jury trial where the issues were already set to be litigated. Rouser v. White, 2007 WL 3026639 (E.D. Cal. Oct. 16, 2007). On November 19, 2007, Judge Karlton adopted the findings and recommendations of the magistrate judge in full and denied the prisoner's September 26, 2007 motion for injunctive relief. Rouser v. White, 2007 WL 4149565 (E.D. Cal. Nov. 19, 2007).

On April 4, 2008, Judge Karlton dismissed the claims against defendants Gomez and White because the prisoner's only allegations against them appeared to be based on a theory of respondeat superior liability, which could not create a cause of action under 42 U.S.C. § 1983. Accordingly, the case would proceed to a court trial on the prisoner's claims for injunctive relief regarding PVSP, but not for his claims for damages regarding his inability to practice his Wiccan religion while housed at CSP-Sac from 1990-1997. Rouser v. White, 2008 WL 926615 (E.D. Cal. Apr. 4, 2008). The prisoner objected to this order and moved for reconsideration.

On June 30, 2008, Judge Karlton granted the prisoner's motion and the prisoner filed a second amended complaint with the assistance of counsel, which included the claims against White and Gomez. Rouser v. White, 2008 WL 2682687 (E.D. Cal. June 30, 2008).

On September 16, 2008, Judge Karlton denied the defendants' motion dismiss the prisoner's third and sixth causes of action. Rouser v. White, CIVS93-0767 LKK GGHP, 2008 WL 4283650 (E.D. Cal. Sept. 16, 2008). Shortly after, the prisoner filed a third amended complaint on September 23, 2008, bringing claims against four defendants: White and Gomez and, additionally, the Secretary of CDCR and the warden at PVSP. This complaint sued all defendants in their individual and official capacities, and the prisoner sought both damages and injunctive relief.

On May 14, 2009, this court granted in part and denied in part the defendants' motion for summary judgment. The motion was denied insofar as the prisoner sought injunctive relief. Specifically, the court concluded that there was a pattern of Constitutional violations sufficient to call into question the permanence of any changes defendants had voluntarily made now. Rouser v. White, 630 F. Supp. 2d 1165, 1180 (E.D. Cal. 2009).

On December 10, 2009, Judge Karlton granted the prisoner's motion to supplement his complaint to include claims for conduct occurring after he filed his third amended complaint, specifically retaliation. The prisoner sought to add three defendants to his complaint. The prisoner alleged that correctional counselors retaliated against his filing of grievances and litigation of this case by placing him in administrative segregation and then transferred him from PVSP to California State Prison Los Angeles County (LAC). The prisoner also added the warden of LAC as a defendant. Rouser v. White, 2009 WL 4884264 (E.D. Cal. Dec. 10, 2009).

On March 10, 2010, Judge Karlton denied the defendants' motion to dismiss the claim of retaliation asserted in the prisoner's fourth amended complaint. Judge Karlton held that the prisoner properly exhausted his administrative remedies and that the defendants were properly joined. Rouser v. White, 2010 WL 843764 (E.D. Cal. Mar. 10, 2010).

The prisoner then moved for a preliminary injunction and on April 15, 2010, Judge Karlton granted the motion as to most of the relief that the prisoner sought. The prisoner wanted to be allowed to obtain and maintain certain religious articles and to satisfy requirements with respect to his religious services. Rouser v. White, 707 F. Supp. 2d 1055 (E.D. Cal. 2010).

 

On May 18, 2010, the members of the Spotted Eagle Circle at LAC moved to intervene as a defendant in this action. They argued that the prisoner's request for preliminary injunction infringed upon the Constitutional rights of the Native American members of the Spotted Eagle Circle because part of the relief included allowing the prisoner access to a sweat lodge and fire pit used by the Native American inmates. The prisoner's use of the site would desecrate the site for the Native Americans. On May 24, 2010, Judge Karlton granted the motion to intervene and stayed enforcement of the preliminary injunction as it applied to the sweat lodge and fire pit.

On September 23, 2011, the parties submitted a joint notice and motion for an order approving settlement and transferring the venue to the Central District of California. The settlement agreement resolved the remaining claims and the change of venue to the transferee court would serve the convenience of the parties and witnesses, as well as the interests of justice during the compliance and enforcement of the settlement since he had been transferred. On October 17, 2011, the Spotted Eagle Circle filed a statement of non-opposition to the settlement agreement and the transfer of venue. On October 18, 2011, Judge Karlton approved the settlement and the motion to transfer venue.

On November 15, 2012, Judge R. Gary Klausner granted in part and denied in part the prisoner's motion to enforce the consent decree. Judge Klausner found support for only two of the prisoner's eight alleged violations: damage to his religious property when in the defendants' control and failure to follow proper prisoner appeals procedures.

On November 28, 2012, Judge Klausner denied the prisoner's motion for an injunction, evidentiary hearing, and sanctions because the prisoner failed to comply with the appeals process required by the consent decree.

On March 13, 2013, Judge Klausner granted the defendants' motion to vacate the October 18, 2011 order approving the settlement and dismissed the case with prejudice because the defendants had shown that they had substantially complied with the terms of the settlement agreement. The prisoner appealed, to the 9th Circuit.

On June 17, 2016, the 9th Circuit reversed the District Court's ruling and remanded the case for further proceedings. The 9th Circuit found that the District Court had committed numerous errors in vacating the consent decree and had abused its discretion. Specifically, the 9th Circuit cited the District Court's unwillingness to schedule evidentiary hearings, update the plaintiff's address in order to ensure he received the court's orders, and that they had employed the wrong legal standard in evaluating the consent decree. Additionally, the 9th Circuit found that the District Court had not provided meaningful relief after finding violations of the consent decree on the part of the defendant and as a result, encouraged non-compliance with the decree. 2016 WL 3361543.

On December 8, 2016, the plaintiff filed a motion for recusal of Judge Klausner citing the findings of the 9th Circuit and that he had filed a complaint against Judge Klausner which could cause bias sufficient for recusal. On December 15, 2016 Judge Wu denied the motion and ruled that filing a complaint was not sufficient grounds for a finding of bias. Additionally, if the 9th Circuit's ruling contained sufficient implication of bias on behalf of Judge Klausner the 9th Circuit would not have remanded the plaintiff's case back to him.

On March 26, 2018, the plaintiff filed a motion citing further violations of the consent decree. On August 6, 2018 the plaintiff filed a motion to bring attention to the court's bias against him and to have the court administer a polygraph examination upon him. On August 23, 2018, the plaintiff filed a motion for breach of contract and demand for trial. On September 13, 2018, the plaintiff filed a request for rulings on the two previous filings and an additional notice of breach of contract. On October 3, 2018, the plaintiff filed a notice of denial of religious sabbaths. On January 28, 2019, the plaintiff filed a notice of denial of Wiccan Services. On February 19, 2019, the plaintiff filed a motion for further breach of contract, and on April 24, 2019 an additional notice of denial of Wiccan services.

On April 30, 2019, Judge Klausner denied all motions filed by the plaintiff. The court found that the plaintiff had not exhausted his administrative remedies within the prison system in accordance with the consent decree, and as a result his motions were denied.

As of November 2019 the consent decree has not been vacated and this case is ongoing.

Summary Authors

Jessica Kincaid (7/7/2014)

Carter Powers Beggs (11/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5677987/parties/pc-rouser-v-white/


Judge(s)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Klausner, Gary (California)

Kozinski, Alex (California)

McDermott, John E. (California)

Attorneys(s) for Plaintiff

Backus, Kara (California)

Bates, Richard G (California)

Christian, Susan Dee (California)

Cook, Phillip Earl (California)

Hemple, Danielle Rachel (California)

Judge(s)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Klausner, Gary (California)

Kozinski, Alex (California)

McDermott, John E. (California)

Attorneys(s) for Plaintiff

Backus, Kara (California)

Bates, Richard G (California)

Christian, Susan Dee (California)

Cook, Phillip Earl (California)

Hemple, Danielle Rachel (California)

Riggs, Jennifer Lauren (California)

Wang, Lin (California)

White, Carter C. (California)

White [inactive], Carter Capps (California)

Wright, Jason C (California)

Attorneys(s) for Defendant

Acquisto, Stephen (California)

Angus, Michelle Leigh (California)

Buechsenschuetz, Gretchen K (California)

Carrillo, David A (California)

Flynn, James Edmund (California)

Foot, Jonathan T (District of Columbia)

Grabarsky, Todd (California)

Grunder, Frances T. (California)

Harris, Kamala D. (California)

Humes, James M. (California)

Irwin, Joshua Casey (California)

Lockyer, Bill (California)

Picciano, Constance Lee (California)

Ramsey, Samantha H. (California)

Tigno, Fiel D (California)

Wells, Carlotta (District of Columbia)

Wheeler, Joseph R. (California)

Other Attorney(s)

Radoff, Mark A (California)

Documents in the Clearinghouse

Document

2:93-cv-00767

Docket [PACER]

Feb. 13, 2012

Feb. 13, 2012

Docket

2:11-cv-09123

Docket [PACER]

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

Oct. 24, 2019

Oct. 24, 2019

Docket
1

2:11-cv-09123

Complaint

May 7, 1993

May 7, 1993

Complaint
48

2:93-cv-00767

2:11-cv-09123

Order [Affirming and Denying Motions]

March 31, 1995

March 31, 1995

Order/Opinion
95

2:93-cv-00767

2:11-cv-09123

Order [After Hearing]

May 6, 1997

May 6, 1997

Order/Opinion
112

2:11-cv-09123

Notice of Private Settlement [Includes Settlement Agreement]

Dec. 5, 1997

Dec. 5, 1997

Settlement Agreement
122

2:11-cv-09123

Order [ Withdrawal of the referral is Vacated and Remanding case to Judge Gregory G. Hollows]

May 8, 2003

May 8, 2003

Order/Opinion
140

2:11-cv-09123

Order; Findings and Reccomendations

Dec. 17, 2003

Dec. 17, 2003

Order/Opinion
149

2:11-cv-09123

Order [Adopting Findings and Recommendations]

March 23, 2004

March 23, 2004

Order/Opinion
167

2:93-cv-00767

2:11-cv-09123

Order [Motion to vacate evidentiary hearing date]

Aug. 4, 2004

Aug. 4, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5677987/pc-rouser-v-white/

Last updated May 20, 2022, 3:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT to Honorable Lawrence K Karlton; Referred to Magistrate Gregory G Hollows; fee status request to proceed ifp; letter sent (old) (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

193

ORDER signed by Judge Gregory G. Hollows on 05/09/05: The evidentiary hearing set fo 06/06/05 is vacated without prejudice. (Warren, P)

May 9, 2005

May 9, 2005

RECAP
3

NOTICE of submission of documents by plaintiff William Rouser; 1 completed summons, 4 completed USM forms, 4 copies of the complaint (old) (Entered: 06/25/1993)

June 23, 1993

June 23, 1993

196

ORDER signed by Judge Gregory G. Hollows on 7/12/05. Within 30 days of date of this Order parties shall file Status Reports as discussed. Following receipt of this briefing, Court will re-set Evidentiary Hearing. Clerk directed to serve Order on plaintiff at Mule Creek State Prison.(Marciel, M)

July 12, 2005

July 12, 2005

RECAP
198

ORDER signed by Judge Gregory G. Hollows on 8/16/05 re 197 ORDERING that plt's motion for reinstatement is DENIED as moot . (Duong, D)

Aug. 16, 2005

Aug. 16, 2005

RECAP
4

ORDER by Magistrate Gregory G Hollows ORDERING: Clerk of Court to issue summons; Clerk to forward summons, instructions for service of process, copies of complaint, copies of this order, copies of order filed 6/14/93 to USM; USM to serve process, copy of this order and copy of 6/14/93 order upon each dft; w/in 60 days USM to file return of service for each dft; all mtns to be briefed; pltf advised of requirements for opposing mtn for summary judgment made by dfts; mtn supported by unsigned affidavits or declarations will be striken; Clerk to serve upon pltf copy of Local Rules (cc: all counsel) (old) (Entered: 07/16/1993)

July 16, 1993

July 16, 1993

5

RETURN OF SERVICE executed upon defendant Theo White, defendant E W Meads, defendant Jack R Reagan, defendant James Gomez on 8/19/93 (old) (Entered: 08/25/1993)

Aug. 24, 1993

Aug. 24, 1993

199

ORDER signed by Judge Gregory G. Hollows on 8/16/05 ORDERING that within 30 days of the date of this order, the parties shall submit status reports. (Duong, D)

Aug. 16, 2005

Aug. 16, 2005

RECAP
6

ANSWER by defendants and for jury demand (old) (Entered: 09/08/1993)

Sept. 7, 1993

Sept. 7, 1993

205

ORDER signed by Judge Gregory G. Hollows on 9/27/05 ordering that within ten days of the date of this order, plaintiff's counsel shall show cause for his failure to comply with the August 16, 2005, order. (Davis, D)

Sept. 27, 2005

Sept. 27, 2005

RECAP
208

ORDER signed by Judge Gregory G. Hollows on 10/19/05 withdrawing 205 Order to show cause. Within 20 days of the date of this order Pla's counsel shall file a motion to withdraw as counsel; following receipt of that motion, court will issue further orders re the scheduling of this action. (Dotson, B)

Oct. 19, 2005

Oct. 19, 2005

RECAP
7

RESPONSE by plaintiff William Rouser to [6−1] deft's answer to complaint (old) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

216

ORDER signed by Judge Gregory G. Hollows on 11/22/05 ordering that 212 and 213 motions for injunctive relief are vacated without prejudice to their renewal upon the filing of an amended complaint. The parties are placed on notice that no matter what the outcome of the motion to withdraw as counsel, this case will be placed on a strict schedule which will not be altered absent extraordinary cause. The Clerk shall serve Pltf Rouser at his last given address. (Kastilahn, A)

Nov. 22, 2005

Nov. 22, 2005

RECAP
8

DISCOVERY ORDER AND ORDER REQUIRING STATUS REPORT by Magistrate Gregory G Hollows GOVERNING discovery in this action and ORDERING pltf shall file status report within 30 days and defts status report due 15 days thereafter; parties are advised they may consent to trial by the Magistrate judge (cc: all counsel) (old) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

9

STATUS REPORT by plaintiff William Rouser (old) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

223

ORDER vacating 195 Motion for Preliminary Injunction without prejudice to its renewal upon the filing of an amended complaint signed by Judge Gregory G. Hollows on 12/12/05. (Dotson, B)

Dec. 13, 2005

Dec. 13, 2005

RECAP
10

MOTION by plaintiff William Rouser for request for records of previous status of proceedings to this pending action (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

228

ORDER signed by Judge Gregory G. Hollows on 1/13/06 ORDERING THAT the Amended Complaint 219 is DISREGARDED, MOTIONS for TEMPORARY RESTRAINING ORDER 221 and 227 are DISREGARDED, MOTION for SANCTIONS 222 is DISREGARDED. Plaintiff is granted 30 days to file a supplemental complaint. Discovery due by 7/28/2006. Pretrial Motions due by 10/6/2006. Pltf's PTS due by 12/29/06. Dfts PTS due by 1/12/07. Pretrial Conference set for 1/19/2007 in Courtroom 24 (GGH) before Magistrate Judge Grego ry G. Hollows to be conducted on the file only. Jury Trial set for 3/27/2007 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Clerk directed to add plaintiff William Rouser to the service list. (Donati, J) Modified on 1/19/2006 (Donati, J).

Jan. 13, 2006

Jan. 13, 2006

RECAP
243

ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 7/11/06 ORDERING that 232 Motion to Dismiss is VACATED. James E. Tilton is substituted as defendant in his official capacity. Within 30 days of the date of this order, Jam es E. Tilton shall file a response to plaintiff's claims for injunctive relief contained in the 1/30/06 supplemental complaint. The Clerk is directed to copy plaintiff's 1/30/06 supplemental complaint and open it as a new action assigned to the same judges as are assigned to the instant action. It is Hereby RECOMMENDED that 233 Motion to Stay be denied. Objections due within 20 days after being served with these findings and recommendations. Motion referred to Judge Lawrence K. Karlton.(Donati, J)

July 11, 2006

July 11, 2006

RECAP
11

NOTICE OF MOTION AND MOTION by plaintiff William Rouser for time extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 and suppporting exhbits memorandum plus declaration of pltf (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

12

MEMORANDUM by plaintiff William Rouser in support of motion for time extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 [11−1] (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

245

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/24/06 DENYING, as unnecessary, defendants' 241 REQUEST to Vacate the Scheduling Order.(Marciel, M)

July 24, 2006

July 24, 2006

RECAP
13

MOTION by plaintiff William Rouser for court order for preferred legal status to use legal library at CA State Prison (old) (Entered: 01/13/1994)

Jan. 12, 1994

Jan. 12, 1994

247

ORDER signed by Judge Lawrence K. Karlton on 9/26/06 ORDERING that the FINDINGS and RECOMMENDATIONS filed 7/11/06 243 are ADOPTED in full. Defendants' 3/14/06 Motion to Stay 233 is DENIED. (Mena-Sanchez, L)

Sept. 27, 2006

Sept. 27, 2006

RECAP
248

ORDER signed by Judge Gregory G. Hollows on 12/8/06 ORDERING that within 20 days of the date of this order, defendants shall file a response to plaintiff's claims for injunctive relief. (Donati, J)

Dec. 8, 2006

Dec. 8, 2006

RECAP
14

SUGGESTION OF DEATH ON THE RECORD by defendants of Jack Reagan (old) (Entered: 02/15/1994)

Feb. 14, 1994

Feb. 14, 1994

15

ORDER by Magistrate Gregory G Hollows ORDERING: Pltf's status report [9−1], motion for court order for preferred legal status to use legal library at CA State Prison [13−1], motion for reords and motion for extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 [11−1], and motion for request for records of previous status of proceedings to this pending action [10−1] are STRICKEN; Due to pltf's injury, pltf is GRANTED 30 days within to file a status report which complies with the court's order of 10/6/93 (cc: all counsel) (old) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

252

ORDER to SHOW CAUSE signed by Judge Gregory G. Hollows on 1/24/07 ORDERING the plaintiff to SHOW CAUSE, within 10 days of the date of this order, for his failure to file a pretrial statement, VACATING the 3/27/07 Jury Trial before the Honorable Lawrence K. Karlton and VACATING 248 Order Directing Defendants to Respond. (Donati, J)

Jan. 24, 2007

Jan. 24, 2007

RECAP
16

STATUS REPORT by plaintiff William Rouser (old) (Entered: 03/23/1994)

March 22, 1994

March 22, 1994

255

ORDER signed by Judge Gregory G. Hollows on 2/7/07 DISCHARGING 252 Order to Show Cause. Plaintiff's pretrial statement is due within 20 days of the date of this order. Defendants' pretrial statement is due 20 days thereafter.(Donati, J)

Feb. 8, 2007

Feb. 8, 2007

RECAP
17

STATUS REPORT by defendants (old) (Entered: 04/05/1994)

April 4, 1994

April 4, 1994

265

ORDER signed by Judge Gregory G. Hollows on 4/3/07 GRANTING 261 Request for Extension of Time to file pretrial statement. Defendants' pretrial statement is due on or before 4/9/07. Plaintiff's pretrial statement is deemed timely filed. (Donati, J)

April 3, 2007

April 3, 2007

RECAP
269

ORDER and WRIT ISSUED signed by Judge Gregory G. Hollows on 5/24/07 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the warden to produce the inmate William Rouser to testify by video-conference before the United States District Court on 6/18/07 at 11:15 am. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (Donati, J)

May 24, 2007

May 24, 2007

RECAP
18

SCHEDULING ORDER Magistrate Gregory G Hollows ; Discovery to be completed 8/5/94; Plaintiff's pretrial statement DUE 12/23/94; Deft's pretrial statment DUE 1/6/95; Pretrial Conference SET 1/13/95 bef GGH ; Jury Trial SET 4/11/95 at 10:00 bef LKK (cc: all counsel) (old) (Entered: 04/22/1994)

April 22, 1994

April 22, 1994

19

MOTION by plaintiff William Rouser for order to take judicial notice (old) (Entered: 06/02/1994)

June 1, 1994

June 1, 1994

278

AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Gregory G. Hollows on 6/12/2007 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the warden to produce the inmate William Rouser to testify by video- conference at PVSP, on 6/18/07 at 11:15 AM before Lawrence K. Karlton USDC, Sacramento, CA. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. 269 (cc: Warden PVSP)(Reader, L) Modified on 6/12/2007 (Reader, L).

June 12, 2007

June 12, 2007

RECAP
20

ORDER by Magistrate Judge Gregory G Hollows ORDERING: plaintiff's 3/22/94 status report [16−1] shall be STRICKEN; plaintiff's 6/1/94 motion to take judicial notice [19−1] is DENIED (cc: all counsel) (kb) (Entered: 06/22/1994)

June 22, 1994

June 22, 1994

282

ORDER signed by Judge Lawrence K. Karlton on 6/19/07. Plaintiff's claim for injunctive relief regarding events occurring at MCSP are DISMISSED as MOOT. Within 10 days of date of this Order, plaintiff shall file an Amended Pretrial Statement; def endants' Amended Pretrial Statement due 10 days thereafter. Parties shall serve eath other with trial exhibits at time they serve Amended Pretrial Statements. Jury Trial set for 9/18/07 is VACATED and will be re-set at Trial Confirmation Hearing. (Marciel, M)

June 20, 2007

June 20, 2007

Clearinghouse
21

REQUEST to refile status report by plaintiff William Rouser (old) (Entered: 07/14/1994)

July 14, 1994

July 14, 1994

289

ORDER signed by Judge Lawrence K. Karlton on 7/30/2007 ORDERING that within thirty days of the date of this order, plaintiff shall file a second amended pretrial statement; defendants' amended pretrial statement is due within fifteen days thereafter. 285 (Reader, L)

July 31, 2007

July 31, 2007

RECAP
22

MOTION to compel production of documents for defendant Meads by plaintiff William Rouser (old) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

295

ORDER signed by Judge Gregory G. Hollows on 09/11/2007 GRANTING 293 Request for extension of time. Defendants shall file second amended pretrial statement on or before 09/14/2007.(Dillon, M)

Sept. 11, 2007

Sept. 11, 2007

RECAP
23

NOTICE of submission of documents by plaintiff William Rouser of letter to DAG (old) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

300

FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 10/16/07 RECOMMENDING that pltf's 297 motion for injunctive relief filed 9/26/07, is denied without prejudice. Motion referred to Judge Karlton. Within 20 days after being served with these findings, any party may file written objections with the court and serve a copy on all parties. Any reply to the objections shall be served and filed within 10 days after service of the objections. (Kastilahn, A)

Oct. 16, 2007

Oct. 16, 2007

Clearinghouse

LODGED Request for Extension of Time to File a Motion for Summary Judgment by defendants Theo White, E W Meads, Jack R Reagan, James Gomez (old) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

312

ORDER signed by Judge Gregory G. Hollows on 11/8/07 ORDERING that Plaintiff's 6/5/07, MOTION for a Temporary Restraining Order, construed as a Motion for a Protective Order 275 is DENIED. (Mena-Sanchez, L)

Nov. 8, 2007

Nov. 8, 2007

RECAP
25

RESPONSE by defendants Theo White, E W Meads, Jack R Reagan, and James Gomez to motion to compel production of documents for defendant Meads by plaintiff William Rouser [22−1] (old) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

314

ORDER signed by Judge Gregory G. Hollows on 11/13/07 ORDERING that the October 16, 2007, amended pretrial order 301 is amended to reflect plaintiff's one item of evidence, i.e. the "magical novel," and plaintiff's three additional witnesses: Feryance, Delany and Anderson. (Duong, D)

Nov. 13, 2007

Nov. 13, 2007

RECAP
24

ORDER by Magistrate Judge Gregory G Hollows GRANTING request to file a status report [21−1] (cc: all counsel) (old) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

315

ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Gregory G. Hollows on 11/14/2007 ORDERING Warden at PVSP to produce inmate William Rouser, C-10659, material witness, Via Video Conferencing on 12/17/2007 at 11:15 AM, before Judge Lawrence K. Karlton, USDC EDCA, Sacramento, CA. 301 (cc: Warden, Out-to-Court) (Reader, L)

Nov. 14, 2007

Nov. 14, 2007

RECAP
26

ORDER by Magistrate Judge Gregory G Hollows ORDERING: An additional period of time be allowed, to and including 11/22/94, to complete and file defendants' motion for summary judgment (cc: all counsel) (old) (Entered: 09/02/1994)

Sept. 2, 1994

Sept. 2, 1994

316

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 300 , in full, signed by Judge Lawrence K. Karlton on 11/16/07. Plaintiff's 297 Motion for Injunctive Relief is DENIED without prejudice. (Marciel, M)

Nov. 19, 2007

Nov. 19, 2007

Clearinghouse
27

STATUS REPORT by plaintiff William Rouser (old) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

322

ORDER signed by Judge Lawrence K. Karlton on 12/14/07 ORDERING that plt's notice of additional evidence 313 is DISREGARDED. Plaintiff's November 21, 2007 317 , and December 3, 2007 319 and 320 , requests to call additional witnesses and add new evidence are DENIED. Within ten days of the date of this order, plaintiff may file a new motion in support of his request to call witnesses concerning his recent denial of access to religious services. (Duong, D) Modified on 4/21/2008 (Donati, J).

Dec. 14, 2007

Dec. 14, 2007

RECAP
28

MOTION for summary judgment by plaintiff William Rouser (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

323

ORDER and WRIT signed by Judge Gregory G. Hollows on 12/19/07 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the warden to produce the inmate William Rouser to testify by video-conference before the US District Court on 1/28/08 11:15am. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ORDERED to provide the new custodian with a copy of this writ. (Duong, D)

Dec. 19, 2007

Dec. 19, 2007

RECAP
328

ORDER signed by Judge Lawrence K. Karlton on 1/8/08 ORDERING that plaintiff's 325 request to call additional witnesses is GRANTED as to inmate Hysell, inmate Rodriguez, Chaplain Salaam, Lieutenant Scott, Sergeant Huckabay, Correctional Officer s Tucker and Valencia, and Sergeant Navarro. Within ten days of the date of this order, plaintiff shall provide the court with the identification number of inmates Hysell and Rodriguez. Plaintiff's 324 request to add evidence is GRANTED in part. Plaintiff may offer into evidence the Beels memorandum. Plaintiff's request to offer into evidence the administrative appeal is DENIED. (Duong, D)

Jan. 8, 2008

Jan. 8, 2008

RECAP
29

BRIEF by plaintiff William Rouser in support of Motion for summary judgment [28−1] (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

334

ORDER signed by Senior Judge Lawrence K. Karlton on 1/31/2008 ORDERING the jury trial is set for 5/13/2008, at 10:30 a.m. in courtroom 4; W/in 10 days of 1/28/2008, pltf shall file an amended witness list identifying the witnesses who will appear at trial; pltf should include the CDC ID number of the incarcerated witnesses; this list should only include the witnesses pltf has previously been granted permission to call; Dfts' request to substitute Associate Warden Brazelton for Associate Warden Beels is GRANTED; Following receipt of pltf's amended witness list, the court will issue a second amended pretrial order.(Matson, R)

Jan. 31, 2008

Jan. 31, 2008

RECAP
30

AFFIDAVIT of William Rouser in support of motion for summary judgment [28−1] (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

31

MOTION for court order to use the telephone by plaintiff William Rouser (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

352

ORDER signed by Senior Judge Lawrence K. Karlton on 4/4/08 ORDERING that defendants Gomez and White are DISMISSED. Defendants' April 1, 2008, 349 motion to change the trial date is denied as unnecessary. (Duong, D)

April 4, 2008

April 4, 2008

RECAP
32

REQUEST by plaintiff William Rouser for Habeas Corpus Ad Testificandum (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

357

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 4/21/2008 ORDERING 356 All pre-trial and trial dates are VACATED; Scheduling Conference set for 5/5/2008 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Pltf shall appear through counsel at the status conference. (Reader, L)

April 22, 2008

April 22, 2008

RECAP
33

REQUEST by plaintiff William Rouser for Habeas Corpus Ad Testificandum (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

362

ORDER signed by Senior Judge Lawrence K. Karlton on 5/20/2008 ORDERING 361 Plaintiff is to be permitted one attorney-client phone call with his counsel, Jones Day, within one week of the date of this order. The phone call may last up to one hour in length. The parties are to appear for a further status conference on May 27, 2008, at 3:00 p.m. Counsel who are not local may appear telephonically. (Reader, L)

May 20, 2008

May 20, 2008

RECAP

LODGED request for extension of time by defendants to file opposition to plaintiff's motion for summary judgment and further briefing schedule (old) (Entered: 09/29/1994)

Sept. 28, 1994

Sept. 28, 1994

364

ORDER signed by Senior Judge Lawrence K. Karlton on 5/29/08 ORDERING that Pretrial Conference set for 9/8/2008 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiff is granted one month from the date of this order to file an amended complaint without leave of court. Plaintiff is granted 15 days to file supplement objections. (Anderson, J)

May 30, 2008

May 30, 2008

RECAP
34

OBJECTION to defendants request for extension of time [0−0] to file opposition to plaintiff's motion for summary judgment (ndd) (Entered: 10/05/1994)

Oct. 4, 1994

Oct. 4, 1994

366

ORDER signed by Senior Judge Lawrence K. Karlton on 6/2/08 DISREGARDING plaintiff's 302 Motions for TRO and for Preliminary Injunction because he is now represented by counsel. (Marciel, M)

June 3, 2008

June 3, 2008

RECAP
370

ORDER signed by Senior Judge Lawrence K. Karlton on 6/30/08 ORDERING pltf's motion for reconsideration of the Court's 4/4/08 order dismissing dfts Gomez and White from the suit 354 is GRANTED. (Carlos, K)

June 30, 2008

June 30, 2008

RECAP
35

ORDER by Magistrate Judge Gregory G Hollows ORDERING: Defendants' request to extend their time to file opposition to plaintiff's motion for summary judgment and adopt the briefing schedule; Defendants motion for summary judgment and opposition to plaintiff's motion for sumamry judgment both must be filed by 11/22/94; Plaitniff's opposition to defendants' motion for summary judgment and reply to defendants' opposition to plaintiff's motion for summary judgment must be filed by 12/13/94; Defendant's reply to plaintiffs' opposition to defendants' motion for summary jdugment must be filed by 12/21/94 (cc: all

Oct. 14, 1994

Oct. 14, 1994

382

ORDER signed by Senior Judge Lawrence K. Karlton on 9/15/2008 DENYING 371 Motion to Dismiss. (Matson, R)

Sept. 16, 2008

Sept. 16, 2008

RECAP
37

BRIEF by plaintiff William Rouser in support of preliminary injunction [36−1] (old) (Entered: 10/25/1994)

Oct. 21, 1994

Oct. 21, 1994

38

MOTION by defendant Theo White for summary judgment (old) Modified on 07/10/1995 (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

387

ORDER signed by Senior Judge Lawrence K. Karlton on 11/4/08 ORDERING that the 385 stipulation is DENIED. The parties are, of course, free to agree as they choose. The agreement, however, will not be enforced by the court. Accordingly, the court will not approve the proposed order. (Duong, D)

Nov. 4, 2008

Nov. 4, 2008

RECAP
39

OPPOSITION by plaintiff William Rouser to motion for summary judgment [38−1] (old) (Entered: 12/02/1994)

Dec. 1, 1994

Dec. 1, 1994

392

ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that the time for filing dispositive motions is extended to February 9, 2009, and that hearing on the motions be held on March 23, 2009. (Becknal, R)

Dec. 23, 2008

Dec. 23, 2008

RECAP
400

ORDER signed by Senior Judge Lawrence K. Karlton on 2/11/09 ORDERING that 393 dfts' request for leave to file a 32 pg memo of law in support of their motion for summary judgment is GRANTED. (Kastilahn, A)

Feb. 11, 2009

Feb. 11, 2009

RECAP
40

DEFENDANTS' REPLY to plaintiff's opposition to motion for summary judgment [38−1] (ndd) (Entered: 12/09/1994)

Dec. 8, 1994

Dec. 8, 1994

403

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/2/09 ORDERING that the hearing on Defendants' 394 Motion for Summary Judgment, currently calendared for 3/23/09 at 10:00 a.m., is continued to 4/20/09 at 10:00 a.m. Any opposition or reply papers shall be served and filed pursuant to the timing provisions of Local Rule 78-230 prior to the continued hearing date. (Becknal, R)

March 2, 2009

March 2, 2009

RECAP
41

NOTICE by plaintiff William Rouser regarding writ of habeas corpus ad testificandum for Neland Mitchell (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

42

PROOF OF SERVICE by plaintiff William Rouser of pretrial statement and writo of habeas corpus ad testificandum (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

415

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/09 ORDERING that the page limitation to Defendant's Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment is extended to 18 pages.(Mena-Sanchez, L)

April 15, 2009

April 15, 2009

RECAP
417

ORDER signed by Senior Judge Lawrence K. Karlton on 4/21/2009. Defendants' 394 Motion for Summary Judgment Hearing is CONTINUED to 5/8/2009 at 10:00 AM in Courtroom 4 (LKK). Pretrial Conference and Trial dates set in this matter are VACATED and will be re-set at 5/8/2009 Hearing. (Marciel, M)

April 22, 2009

April 22, 2009

RECAP
43

PRETRIAL STATEMENT from plaintiff William Rouser (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

420

ORDER signed by Judge Senior Judge Lawrence K. Karlton on 5/14/09 ORDERING that Defendants' MOTION 394 is DENIED as to Defendants Cate and Yates and GRANTED IN PART AND DENIED IN PART, as to Defendants White and Gomez. (Mena-Sanchez, L)

May 15, 2009

May 15, 2009

RECAP

LODGED request for extension of time to file pretrial statements by defendants (old) (Entered: 01/06/1995)

Jan. 4, 1995

Jan. 4, 1995

437

ORDER signed by Senior Judge Lawrence K. Karlton on 9/25/09 ORDERING the hearing on 425 Motion for Preliminary Injunction and 434 Motion to Supplement Third Amended Complaint is CONTINUED to 10/20/2009 at 01:30 PM in Courtroom 4 (LKK) before Seni or Judge Lawrence K. Karlton. Defendants shall submit either an opposition or a statement of non-opposition by 10/6/09, unless the matter has settled before that time or the court has further continued the matter. Plaintiff's reply brief, if any, shall be submitted not later than 10/13/09. (Donati, J)

Sept. 25, 2009

Sept. 25, 2009

RECAP
44

ORDER by Magistrate Judge Gregory G Hollows GRANTING lodged request for extension of time to file pretrial statements [0−0]; ORDERING: time for parties to file their pretrial statements EXTENDED pending an order on their respective motions for summary judgment and further order of the court (cc: all counsel) (old) (Entered: 01/12/1995)

Jan. 12, 1995

Jan. 12, 1995

45

ORDER AND FINDINGS AND RECOMMENDATIONS by Magistrate Judge Gregory G Hollows ORDERING: motion to compel production of documents by defendant Meads by plaintiff William Rouser [22−1] DENIED; RECOMMENDING: pltf's motion for summary judgment [28−1] be granted as to his free exercise claim concerning tarot cards and denied in all other respects; dfts' motion for summary judgment [38−1] be denied as to pltf's claim regarding tarot cards and denial of the Witches Bible while in administrative segregation, but granted in all other respects; pltf's motion for preliminiary injunction [36−1] be granted w/ respect to his request for tarot cards; w/i 30 days of the date of the district court's order, dfts be directed to implement a proceduer by which pltf may possess tarot cards when he intends to perform Wiccan rituals; pltf and dfts shall provide further briefing regarding the request for the Wiccan Bible as discussed above w/i 3o days of the date of this order; and pltf's request for injunctive relief be denied in all other respects ; any party may object w/i 20 days after service; any reply due w/i 10 days of service of objections (cc: all counsel) (old) Modified on 03/16/1995 (Entered: 03/16/1995)

March 16, 1995

March 16, 1995

440

ORDER signed by Senior Judge Lawrence K. Karlton on 10/7/2009 ORDERING The hearings on 425 Pltf's Motion for Preliminary Injunction and 434 Motion to Supplement the 3rd Amended Complaint, currently calendared for 11/20/2009 at 1:30 p.m., are CONTINUTED to 12/7/2009 at 10:00 a.m., to give the Court sufficient time to rule on the motions before 12/21/2009, the date of pltf's Yule. The current briefing schedule is amended as followed: Dfts shall submit either an opposition or a statem ent of non-opposition to each motion by 11/5/2009, unless the matter has settled before that time or the Court has further continued the matter. Pltf's reply briefs shall be submitted no later than 11/19/2009. (Reader, L) Modified on 10/9/2009 (Plummer, M).

Oct. 8, 2009

Oct. 8, 2009

RECAP
445

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/10/09: HEARING as to 425 MOTION for Preliminary Injunction set for 2/22/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)

Nov. 10, 2009

Nov. 10, 2009

RECAP
46

BRIEF by plaintiff William Rouser concerning denial of witches bible for summary judgment decission as ordered (old) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

450

ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/2009 re 434 Motion to Supplement the Complaint; this Motion 434 is DENIED as to pltf's initial request to add a claim for damages as to dft Haws; this Motion 434 is otherwise GRANTED; pltf shall re-file this complaint as a separate document. (Suttles, J)

Dec. 10, 2009

Dec. 10, 2009

RECAP
47

OBJECTIONS to magistrates findings and recommendations by plaintiff William Rouser [45−1] (old) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

48

ORDER by Honorable Lawrence K Karlton ADOPTING IN FULL findings and recommendations [28−1]; ORDERING: pltf's motion for summary judgment [28−1] GRANTED AS TO his free excercise claim concerning tarot cards and DENIED in all other respects; dfts' motion for summary judgment [38−1] is DENIED AS TO pltf's claim regarding tarot cards and denial of the Witches Bible while in administrative segregation, but GRANTED IN ALL OTHER RESPECTS; pltf's motion for preliminary injunction [36−1] GRANTED W/ RESPECT TO his request for tarot cards; dft shall implement a procedure by which pltf may possess tarot cards when he intends to perform Wiccan rituals w/i 30 days from the date of this order; pltf and dft shall provide further briefing regarding the request for the Wiccan Bible as discussed above w/i 30 days from the date of this order; and pltf's request for injunctive relief [36−1] DENIED IN ALL OTHER RESPECTS (cc: all counsel) (old) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

Clearinghouse
457

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Senior Judge Lawrence K. Karlton on 01/13/10. Service is appropriate for P Ortiz, B. Flores, Brian Haws. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms and 1 copy of the Amended Complaint filed on 12/15/09 to be completed and returned w/i 10 days. Within 10 days, counsel for dfts shall inform the court in writing whether counsel for dfts Theo White, J. Yates, Matthew Cates, and James Gomez will waive service of process on behalf of dfts Ortiz, Flores, and Haws. (Attachments: # 1 4th amended complaint)(Benson, A.)

1 4th amended complaint

View on PACER

Jan. 14, 2010

Jan. 14, 2010

RECAP
464

ORDER signed by Senior Judge Lawrence K. Karlton on 1/29/2010, ORDERING the Clerk to send pltf three blank USM-285 forms; and within 30 days, pltf shall submit to the court the completed USM-285 forms required to effect service.(Kastilahn, A)

Jan. 29, 2010

Jan. 29, 2010

RECAP
50

OBJECTIONS by defendant Theo White to Magistrate's Report and Recommendation filed 3/16/95 (old) (Entered: 04/07/1995)

April 5, 1995

April 5, 1995

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: May 7, 1993

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Wiccan prisoner incarcerated by the California Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 2011 - None

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Preliminary relief denied

Preliminary relief granted

Reporting

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary segregation

Failure to train

Grievance Procedures

Loss or damage to property

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run