Case: Gladney v. Shartle

Gladney v. United States of America

U.S. Court of Appeals for the Ninth Circuit

PRISONER CIVIL RIGHTS COMPLAINT filed by Edward J Gladney. (17 pages) (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DLC) (Entered: 08/29/2017)

1 Civil Cover Sheet

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2 Envelope

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APPLICATION for Leave to Proceed In Forma Pauperis by Edward J Gladney. (2 pages) (DLC) (Entered: 08/29/2017)

Prisoner Trust Fund Account Statement by Edward J Gladney. (1 page) (DLC) (Entered: 08/29/2017)

MOTION to Transfer Venue and Jurisdiction to the United States District Court for the Eastern District of Texas by Edward J Gladney. (2 pages)(DLC) (Entered: 08/29/2017)

NOTICE OF ASSIGNMENT: (DLC) (Entered: 08/29/2017)

NOTICE OF PARTY'S CHANGE OF ADDRESS by Edward J Gladney: #80179-279, U.S. Penitentiary, PO Box 1034, Coleman, FL 33521. (KEP) (Entered: 10/04/2017)

ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $49.80. Plaintiff's Motion to Transfer Venue (Doc. 4 ) is denied. The Complaint (Doc. 1 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g) and deny any pending unrelated motions as moot. Signed by Senior Judge David C Bury on 10/16/2017. (KEP) (Entered: 10/18/2017)

ORDER Directing Monthly Payments be made from Prison Account of Edward J Gladney. The Clerk of Court must serve by mail a copy of this Order on the Warden of the United States Penitentiary-Beaumont, USP-Beaumont, P.O. Box 26035, Beaumont, Texas 77720. Signed by Senior Judge David C Bury on 10/17/2017. (See attached Order for details) (KEP) (Entered: 10/18/2017)

FIRST AMENDED COMPLAINT against United States of America filed by Edward J Gladney. (6 pages)(SIB) (Entered: 11/17/2017)

SECOND AMENDED COMPLAINT (Document titled First Amended Complaint ) against United States of America filed by Edward J Gladney. (6 pages) (KEP) (Entered: 11/21/2017)

MOTION for Default Judgment, or Alternatively, Motion for Summary Judgment by Edward J Gladney. (7 pages) (SIB) (Entered: 01/30/2018)

ORDER (Service Packet): Plaintiff's Motion for Default Judgment (Doc. 11 ) is denied. Defendant United States of America must answer the Second Amended Complaint. The Clerk of Court must send Plaintiff a service packet including the Second Amended Complaint (Doc. 10 ), this Order, and summons forms for Defendant United States of America. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. Signed by Senior Judge David C Bury on 2/14/2018. (See attached Order for details) (KEP) (Entered: 02/15/2018)

MOTION to Appoint Counsel by Edward J Gladney. (2 pages). (BAC) (Entered: 02/28/2018)

SERVICE EXECUTED: USMS Process Receipt and Return re: Complaint, Order and Summons upon USAG on 3/5/2018. (DPS) (Entered: 03/09/2018)

SERVICE EXECUTED: USMS Process Receipt and Return re: Complaint, Order and Summons upon US Attorney, District of Arizona on 3/5/2018. (DPS) (Entered: 03/09/2018)

Plaintiff's First Set of Interrogatories to Defendant by Edward J Gladney. (7 pages).(BAC) (Entered: 03/20/2018)

Plaintiff's First REQUEST for the Production of Documents by Plaintiff Edward J Gladney. (4 pages). (BAC) (Entered: 03/20/2018)

DECLARATION in Support of Plaintiff's 13 Motion for the Appointment of Counsel by Plaintiff Edward J Gladney. (4 pages)(SIB) (Entered: 04/17/2018)

REQUEST for Admissions by Edward J Gladney. (6 pages) (SIB) (Entered: 04/17/2018)

ANSWER to 10 Amended Complaint by United States of America.(Ambri, Michael) (Entered: 05/04/2018)

AMENDED MOTION to Appoint Counsel by Edward J Gladney. (7 pages). (BAC) (Entered: 05/22/2018)

MOTION to Set Discovery Plan by Edward J Gladney. (2 pages) (BAC) (Entered: 05/22/2018)

Plaintiff's REQUEST for Admissions by Plaintiff Edward J Gladney. (6 pages). (BAC) (Entered: 05/22/2018)

MEMORANDUM of Law in Support of Plaintiff's 21 MOTION to Appoint Counsel by Plaintiff Edward J Gladney. (10 pages).(BAC) (Entered: 05/24/2018)

Plaintiff's First Set of Interrogatories by Edward J Gladney. (6 pages) (SIB) (Entered: 05/31/2018)

SECOND REQUEST for Production of Documents and Tangible Items by Plaintiff Edward J Gladney. (5 pages) (SIB) (Entered: 05/31/2018)

MOTION to Strike Defenses by Edward J Gladney. (4 pages) (KEP) (Entered: 06/05/2018)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 06/13/2018)

RESPONSE in Opposition re: 27 MOTION to Strike filed by United States of America. (Ambri, Michael) (Entered: 06/15/2018)

MOTION for Pretrial Conference by Edward J Gladney. (2 pages) (KEP) (Entered: 06/20/2018)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 07/02/2018)

Plaintiff's Second Set of REQUESTS for Admissions (sic) by Plaintiff Edward J Gladney. (5 pages) (SIB) (Entered: 07/06/2018)

Plaintiff's Second Set of Interrogatories by Edward J Gladney. (3 pages)(KEP) (Entered: 07/17/2018)

Plaintiff's THIRD REQUEST for the Production of Documents by Plaintiff Edward J Gladney. (5 pages) (KEP) (Entered: 07/17/2018)

MOTION for an Order Compelling Discovery by Edward J Gladney. (6 pages) (Attachments: # 1 Exhibit)(KEP) (Entered: 07/17/2018)

ORDER the parties abide by the following; Any motion for summary judgment regarding exhaustion of administrative remedies shall be filed within two months of the filing date of this Order. All discovery shall be completed by: 6 months from the filing date of this Order. Dispositive motions other than the exhaustion motion, shall be filed by 30 days from the completion of discovery. Plaintiff's motion to enter discovery plan (Doc. 22 ) is GRANTED. The motions to appoint counsel, strike defenses, set pretrial conference and compelling discovery (Docs. 21, 27, 30, 35 ) are DENIED. Signed by Senior Judge David C Bury on 7/19/2018. (See attached Order for details) (KEP) (Entered: 07/20/2018)

MOTION for Extension of Time to File Response/Reply to Plaintiff's Discovery Requests by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 07/26/2018)

ORDER granting 37 Motion for Extension of Time to File Response/Reply to discovery requests. Ordered by Senior Judge David C Bury.(DCB)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/30/2018)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 08/31/2018)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 09/14/2018)

MOTION to Compel Discovery by Edward J Gladney. (19 pages) (Attachments: # 1 Exhibit)(MCO) (Entered: 10/31/2018)

MOTION to Appointment of Expert Witness by Edward J Gladney. (3 pages) (MCO) (Entered: 10/31/2018)

Plaintiff's Second MOTION to Appoint Counsel by Edward J Gladney. (3 pages) (MCO) (Entered: 10/31/2018)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 11/06/2018)

MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Appoint Counsel, 42 MOTION to Appoint Expert, 41 MOTION to Compel Discovery by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 11/09/2018)

ORDER GRANTING 45 Motion for Extension of Time to File Response/Reply. Defendant shall have up to and including 11/20/18 in which to file its responses to Plaintiff's 43 MOTION to Appoint Counsel, 42 MOTION to Appoint Expert, 41 MOTION to Compel Discovery. Signed by Senior Judge David C Bury on 11/14/18. (BAC) (Entered: 11/15/2018)

MOTION for Extension of Time to Disclosure of Expert Witness by Edward J Gladney. (3 pages) (MCO) (Entered: 11/20/2018)

NOTICE of Plaintiff's Disclosure of Lay Witnesses by Edward J Gladney. (3 pages) (MCO) (Entered: 11/20/2018)

RESPONSE in Opposition re: 42 MOTION to Appoint Expert filed by United States of America. (Ambri, Michael) (Entered: 11/20/2018)

RESPONSE to Motion re: 43 MOTION to Appoint Counsel filed by United States of America. (Ambri, Michael) (Entered: 11/20/2018)

RESPONSE to Motion re: 41 MOTION to Compel Discovery filed by United States of America. (Attachments: # 1 Exhibit 1)(Ambri, Michael) (Entered: 11/20/2018)

NOTICE re: Disclosure of Fact Witnesses by United States of America . (Ambri, Michael) (Entered: 11/21/2018)

RESPONSE to Motion re: 47 MOTION for Extension of Time for kdisclosure of Expert Witness filed by United States of America. (Ambri, Michael) (Entered: 11/26/2018)

Second MOTION to Compel Discovery by Edward J Gladney. (18 pages) (Attachments: # 1 Exhibit)(SIB) (Entered: 12/04/2018)

REPLY to Response to Motion re: 41 MOTION to Compel Discovery filed by Edward J Gladney. (4 pages) (SIB) (Entered: 12/04/2018)

MOTION for Extension of Time to File Response/Reply as to 54 MOTION to Compel Discovery by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/18/2018)

ORDER that the Motion to Compel (Doc. 41 ) is denied in part and granted in part. Within 14 days of the filing date of this Order, the Defendant shall file the responsive productions described above with the Court en camera. The Motion for Appointment of Counsel (Doc. 43 ) is denied, without prejudice to it being re-urged following dispositive motions. The Motion for Appointment of Expert Witness in the sexual trauma/psychological profession (Damage Expert) (Doc. 42 ) is denied, without prejudice to it being re-urged following dispositive motions. The Motion for Extension of Time for Disclosure of Expert Witnesses (Doc. 47 ) is granted only for damage experts. The deadline for disclosing all other experts has past, November 20, 2018. Signed by Senior Judge David C Bury on 12/19/2018. (SIB) (Entered: 12/19/2018)

ORDER granting 56 Motion for Extension of Time to File Response/Reply Re: Second 54 MOTION to Compel Discovery; the Response is due by December 26, 2018, and Reply is due by January 8, 2019. Ordered by Senior Judge David C Bury. (DCB, gb) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/20/2018)

MOTION to Stay Proceeding due to Federal Government Shutdown by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/26/2018)

MOTION for Leave to Depose Incarcerated Plaintiff by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/28/2018)

ORDER that the Motion (Doc. 60 ) is granted, and Defendant is granted leave for its counsel to depose Plaintiff Edward J. Gladney in this action. Signed by Senior Judge David C Bury on 1/2/2019. (MFR) (Entered: 01/02/2019)

ORDER that the Motion for Stay (Doc. 59 ) is granted. The above-captioned case is stayed pending the filing of a Notice of Resumed Government Activity by Defendant. (see Order for complete details) Signed by Senior Judge David C Bury on 1/4/2019. (SIB) (Entered: 01/07/2019)

Plaintiff's MEMORANDUM for Court's en Camera Review by Plaintiff Edward J Gladney. (3 pages) (SIB) (Entered: 01/08/2019)

MOTION in Opposition to Defendant's 59 Motion to Stay by Edward J Gladney. (3 pages) (SIB) (Entered: 01/11/2019)

NOTICE re: Resumed Government Activity by United States of America re: 62 Order on Motion to Stay . (Ambri, Michael) (Entered: 02/01/2019)

NOTICE of Deposition of Edward J. Gladney, filed by United States of America. (Ambri, Michael) (Entered: 02/13/2019)

NOTICE re: Submission of Documents for in Camera Review by United States of America re: 62 Order on Motion to Stay, 57 Order on Motion to Compel, Order on Motion to Appoint Expert, Order on Motion to Appoint Counsel, Order on Motion for Extension of Time . (Ambri, Michael) (Entered: 02/15/2019)

RESPONSE to Motion re: 54 MOTION to Compel Discovery filed by United States of America. (Ambri, Michael) (Entered: 02/15/2019)

MOTION for Preliminary Injunction by Edward J Gladney. (9 pages) (Attachments: # 1 Exhibit)(MFR) (Entered: 02/21/2019)

Plaintiff's Third MOTION to Compel Discovery by Edward J Gladney. (10 pages).(BAC) (Entered: 02/25/2019)

RESPONSE to Motion re: 69 MOTION for Preliminary Injunction filed by United States of America. (Ambri, Michael) (Entered: 03/13/2019)

RESPONSE in Opposition re: 70 MOTION to Compel Discovery filed by United States of America. (Attachments: # 1 Exhibit)(Ambri, Michael) (Entered: 03/14/2019)

PLAINTIFF'S MOTION for Sanctions by Edward J Gladney. (3 pages) (DLC) (Entered: 03/20/2019)

ORDER that the stay is lifted; the Court denies the Plaintiff's Motion in Opposition to the Stay (Doc. 64 ) AS MOOT. It is further Ordered that the remainder of the Motion to Compel Discovery (Doc 41 ) is GRANTED IN PART AND DENIED IN PART. It is further Ordered that the Clerk of the Court shall file the documents reviewed in camera UNDER SEAL. Signed by Senior Judge David C Bury on 3/19/2019. (MFR) (Entered: 03/20/2019)

Sealed Document: In Camera Documents. (MFR) (Entered: 03/20/2019)

Plaintiff's MOTION for Summary Judgment and Request for Inquest by Edward J Gladney. (2 pages) (KEP) (Entered: 03/26/2019)

STATEMENT OF FACTS re: 76 MOTION for Summary Judgment by Plaintiff Edward J Gladney. (6 pages) (KEP) (Entered: 03/26/2019)

Additional Attachments to Main Document re: 77 Statement of Facts by Plaintiff Edward J Gladney. (54 pages) (KEP) (Entered: 03/26/2019)

MEMORANDUM of Law in Support of 76 MOTION for Summary Judgment and Request for Inquest by Plaintiff Edward J Gladney. (8 pages) (KEP) (Entered: 03/26/2019)

DECLARATION of Edward Jorodge Gladney by Plaintiff Edward J Gladney. (12 pages) (KEP) (Entered: 03/26/2019)

DECLARATION of Testi Meipso by My Own Witness & Declartation of Lonnie James Young Bear by Plaintiff Edward J Gladney. (2 pages) (KEP) (Entered: 03/26/2019)

MOTION to Stay 69 MOTION for Preliminary Injunction Request, or in the Alternative MOTION/Request for Appointment of Counsel by Edward J Gladney. (3 pages) (KEP) (Entered: 03/26/2019)

MOTION to Set Consolidated Briefing Schedule for Cross-Motions for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 03/27/2019)

Amendment to 77 Statement of Facts by Plaintiff Edward J Gladney. (2 pages) (BAR) (Entered: 04/01/2019)

RESPONSE in Opposition re: 75 MOTION for Sanctions filed by United States of America. (Ambri, Michael) (Entered: 03/29/2019)

MOTION for Extension of Time to File Dispositive Motion by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 04/02/2019)

Reply to Response in Opposition re: 75 MOTION for Sanctions and MOTION to Appoint Counsel by Edward J Gladney. (5 pages) (Attachments: # 1 Exhibit)(ARC) (Entered: 04/12/2019)

ORDER Plaintiff's Motion for Preliminary Injunction (Doc. 69 ) is denied. Plaintiff's Motion to Stay Preliminary Injunction Request (Doc. 82 ) and Requests for Appointment of Counsel (Docs. 82, 87 ) are denied. Signed by Senior Judge David C Bury on 4/19/2019. (See attached Order for complete information) (DLC) (Entered: 04/19/2019)

ORDER the pending discovery motions (Docs. 54, 70, 75 ) are DENIED, except the Second Motion to Compel (Doc. 54 ) is GRANTED IN PART for Requests for Admissions 11, 12, and 13. Discovery is closed except for these answers. The Defendant's Motion for Consolidated Briefing (Doc. 83 ) and Motion to Extend Deadline for Defendant's Dispositive Motion (Doc. 86 ) are GRANTED. Defendant's Response to Plaintiff's Motion for Summary Judgment (Docs. 76 - 81 ) is consolidated to include a Cross-motion for Summary Judgment to be filed April 26, 2019. Plaintiff's Combined Reply supporting his Motion for Summary Judgment and Response to Defendant's Cross-motion for Summary Judgment shall be due by May 31, 2019. Defendant shall file a Reply within 14 days of Plaintiff's Reply/Response. Signed by Senior Judge David C Bury on 4/19/2019. (See attached Order for complete information) (DLC) (Entered: 04/19/2019)

Plaintiff's SUPPLEMENTAL Statement of Undisputed Facts re: 77 Statement of Facts by Plaintiff Edward J Gladney. (14 pages) (Attachments: # 1 Exhibit)(ARC) (Entered: 04/23/2019)

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Plaintiff's MOTION for Contempt and Sanctions by Edward J Gladney. (4 pages) (ARC) (Entered: 04/23/2019)

MOTION for Extension of Time for Briefing Schedule for Cross-Motions for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 04/26/2019)

MOTION for Confidentiality Order re: 73 Order on Motion for Miscellaneous Relief by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/06/2019)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 05/06/2019)

RESPONSE to Motion re: 91 MOTION for Sanctions filed by United States of America. (Ambri, Michael) (Entered: 05/06/2019)

RESPONSE in Opposition to Motion re: 92 MOTION for Extension of Time for Briefing Schedule for Cross-Motions for Summary Judgment filed by Edward J Gladney. (3 pages) (DLC) (Entered: 05/08/2019)

NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 05/07/2019)

ORDER granting 93 Motion for Confidentiality Order re: 73 Order on Motion for Miscellaneous Relief. Signed by Senior Judge David C Bury on 5/13/2019. (See attached Order for complete details) (DLC) (Entered: 05/13/2019)

ORDER the Defendant's Motion for Extension of Time (Doc. 92 ) is GRANTED. THERE SHALL BE NO FURTHER EXTENSIONS OF TIME FOR THE DEFENDANT to file the Response/Crossmotion for Summary Judgment. The Motion for Confidentiality Order (Doc. 93 ) is GRANTED. The Plaintiff is granted an extension of time to file the Reply supporting his Motion for Summary Judgment and the Response to the Defendant's Crossmotion for Summary Judgment. IT IS FURTHER ORDERED that Defendant shall produce the requested discovery within 7 days of the filing date of the Confidentiality Order. The Defendant shall file a Notice with the Court of the date the Plaintiff concludes the Review Only procedures for this discovery. IT IS FURTHER ORDERED that the Plaintiff's Reply in support of his Motion for Summary Judgment and Response to Defendant's Crossmotion for Summary Judgment shall be due 30 days from the filing date of the Notice. Signed by Senior Judge David C Bury on 5/13/2019. (See attached Order for complete details) (DLC) (Entered: 05/13/2019)

MOTION for Leave to File Excess Pages for Motion to Dismiss for Lack of Subject Matter Jurisdiction and, in the alternative, Motion for Summary Judgment/Response to Plaintiff's Motion for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/20/2019)