Case: M.S. v. Federal Correctional Institution - Dublin

4:22-cv-08924 | U.S. District Court for the Northern District of California

Filed Date: Dec. 16, 2022

Closed Date: March 18, 2025

Clearinghouse coding complete

Case Summary

This case was filed on December 16, 2022, in the U.S. District Court for the Northern District of California, San Francisco Division, against the Federal Correctional Institution Dublin (FCI Dublin), several individual staff members, and the United States of America. Plaintiff, who proceeded under the pseudonym M.S., was a former female minimum-security inmate at FCI Dublin and current citizen of Butte, Montana. As Plaintiff's initial complaint was filed under seal, limited details are availabl…

This case was filed on December 16, 2022, in the U.S. District Court for the Northern District of California, San Francisco Division, against the Federal Correctional Institution Dublin (FCI Dublin), several individual staff members, and the United States of America. Plaintiff, who proceeded under the pseudonym M.S., was a former female minimum-security inmate at FCI Dublin and current citizen of Butte, Montana. As Plaintiff's initial complaint was filed under seal, limited details are available regarding the earlier stages of this litigation.

The case was initially assigned to Magistrate Judge Kandis A. Westmore. On January 6, 2023, Defendant Ray J. Garcia filed a motion to dismiss the case. On February 3, 2023, the case was randomly reassigned to U.S. District Court Judge Jon S. Tigar, either because (1) a party had not consented to the Magistrate's jurisdiction, or (2) because time constraints limited the available time to consent. Under Judge Tigar, the hearing on the motion to dismiss was reset to April 6, 2023. On February 15, 2023, the case was reassigned to Judge Yvonne Gonzalez Rogers following an order to relate this case.

Plaintiff voluntarily dismissed the charges against an individual Defendant on February 23, 2023. On March 10, 2023, Judge Rogers ordered that the case be stayed until July 1, 2023. During the stay period, the United States filed their answer to M.S.' initial complaint on April 19, 2023. Judge Rogers also related this case to M.R. v. Dublin 22-cv-05137 and Preciado v. Bellhouse, et al., 22-cv-09096.

On October 17, 2023, M.S. filed a First Amended Complaint. She alleged that she was subjected to repeated sexual abuse by multiple FCI Dublin staff members over many years, beginning as early as 2008. The named individual defendants included a medical doctor who allegedly digitally penetrated M.S. during a pap smear examination beginning around 2016; a correctional officer who allegedly sexually assaulted and harassed M.S. beginning in 2020 and later pleaded guilty to federal charges of sexual abuse of a ward; and a medical staff member who allegedly repeatedly attempted to forcibly kiss and harass M.S. beginning in December 2021.

The amended complaint alleged that the former warden of FCI Dublin had actual knowledge of widespread sexual abuse, failed to investigate or stop it, and personally perpetrated sexual abuse for which he was ultimately convicted and sentenced to five years and ten months in prison, all while leading Prison Rape Elimination Act (PREA) training and chairing PREA audits. The complaint further alleged that FCI Dublin maintained a longstanding institutional culture of tolerating sexual misconduct referred to by staff as "the Rape Club" and that the Bureau of Prisons (BOP) repeatedly failed to comply with PREA regulations, protect victims from retaliation, or provide counseling to abuse survivors.

M.S. asserted eight causes of action, including Eighth Amendment claims under Bivens, gender violence under California Civil Code § 52.4, sexual battery, battery, intentional and negligent infliction of emotional distress, and negligence under the Federal Tort Claims Act (FTCA) and California common law, seeking nominal, compensatory, and punitive damages, as well as attorneys' fees and costs.

In February through march of 2024, Magistrate Judge Alex G. Tse signed several orders relating to discovery as well as the individual participants in this and related litigation. On February 24, Judge Tse signed a protective order, followed by a March 5 order pursuant to the Privacy Act. On March 13, 2024, Judge Tse ordered that experts be permitted to enter BOP facilities to conduct evaluations on Plaintiffs.

Judge Rogers denied Bellhouse's motion for the appointment of counsel on June 10. On July 8, 2024, Defendant Bellhouse appealed the denial to the U.S. Court of Appeals for the Ninth Circuit (24-4271). That appeal was dismissed for lack of jurisdiction on August 30, 2024. Days later, on September 3, 2024, Bellhouse filed a motion to dismiss the case. Judge Rogers denied the motion on September 9.

On February 3, 2025, the parties filed a joint motion to dismiss this case. Judge Rogers granted said motion on March 18, denying pending motions as moot. 

This case is now closed.

Summary Authors

Ben Hefter (7/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66660769/parties/ms-v-federal-correctional-institution-dublin/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bellhouse, John Russell (California)

Butland, Brodie MacLeod (California)

Conti, Patrick James (California)

Little, Kevin Gerard (California)

Milne, Alison (California)

Documents in the Clearinghouse

Documents in this case
36

4:22-cv-08924

Order Reassigning Case

M.S. v. Federal Correctional Institution - Dublin et al.

Feb. 15, 2023

Feb. 15, 2023

Order/Opinion
56

4:22-cv-08924

First Amended Complaint for: 1. Sexual Abuse; 2. Gender Violence; 3. Sexual Battery; 4. Battery; 5. Intentional Infliction of Emotional Distress; 6. Negligence; 7. Negligent Infliction of Emotional Distress; 8. Failure to Protect

M.S. v. Federal Correctional Institution - Dublin et al.

Oct. 17, 2023

Oct. 17, 2023

Complaint
76

24-05137

Order Permitting Experts To Enter Bop Facilities To Conduct Evaluations Of Plaintiffs

M.R. v. Federal Correctional Institution "FCI" Dublin et al.

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

March 13, 2024

March 13, 2024

Order/Opinion
83

4:22-cv-08924

Order Denying Motion for Appointment of Counsel

M.S. v. United States et al.

June 10, 2024

June 10, 2024

Order/Opinion
84

4:22-cv-08924

Notice of Appeal

California Coalition for Women Prisoners et al. v. United States of America Federal Bureau of Prisoners et al.

July 8, 2024

July 8, 2024

Pleading / Motion / Brief
88

4:22-cv-08924

Order

M.S. v. Bellhose et al.

U.S. Court of Appeals for the Ninth Circuit

Aug. 30, 2024

Aug. 30, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66660769/ms-v-federal-correctional-institution-dublin/

Last updated Sept. 16, 2026, 5:04 a.m.

Docket for: M.S. v. Federal Correctional Institution - Dublin
ECF Number Date Description Link
1 Dec. 16, 2022

COMPLAINT against Guido Abellera, John Russell Bellhouse, Federal Correctional Institution - Dublin, Ray J. Garcia, United States of America ( Filing fee $ 402, receipt number ACANDC-17830546.). Filed by M S. (Attachments: # 1 Civil Cover Sheet)(Pride, Jessica) (Filed on 12/16/2022) *** DOCUMENT IS PERMANENTLY LOCKED PURSUANT TO ORDER (DOC. #60) *** Modified on 10/27/2023 (dhm, COURT STAFF). (Entered: 12/16/2022)

RECAP
2 Dec. 16, 2022

Proposed Summons. (Pride, Jessica) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
3 Dec. 16, 2022

Proposed Summons. (Pride, Jessica) (Filed on 12/16/2022) (Entered: 12/16/2022)

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4 Dec. 16, 2022

Proposed Summons. (Pride, Jessica) (Filed on 12/16/2022) (Entered: 12/16/2022)

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5 Dec. 16, 2022

Proposed Summons. (Pride, Jessica) (Filed on 12/16/2022) (Entered: 12/16/2022)

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6 Dec. 16, 2022

Proposed Summons. (Pride, Jessica) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
7 Dec. 16, 2022

MOTION to Maintain the Anonymity of Plaintiff re 1 Complaint, by M S. (Attachments: # 1 Declaration, # 2 Proposed Order)(Pride, Jessica) (Filed on 12/16/2022) Modified on 12/19/2022 incorrect event selected when posting document (dhm, COURT STAFF). (Entered: 12/16/2022)

RECAP
8 Dec. 16, 2022

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/30/2022. (cv, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
9 Dec. 16, 2022

Summons Issued as to Federal Correctional Institution - Dublin, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
10 Dec. 16, 2022

Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
11 Dec. 16, 2022

Summons Issued as to Guido Abellera. (dhm, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
12 Dec. 16, 2022

Summons Issued as to John Russell Bellhouse. (dhm, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
13 Dec. 16, 2022

Summons Issued as to Ray J. Garcia. (dhm, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

RECAP
Dec. 16, 2022

~Util - Case Assigned by Intake

14 Dec. 30, 2022

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by M S.. (Pride, Jessica) (Filed on 12/30/2022) (Entered: 12/30/2022)

RECAP
15 Jan. 3, 2023

MOTION to Relate Case filed by M S. (Pride, Jessica) (Filed on 1/3/2023) Modified on 1/5/2023 (dhm, COURT STAFF). **The party must file in the lowest-numbered case an Administrative Motion to Consider Whether Cases Should be Related, pursuant to Civil L.R. 7-11.*** (Entered: 01/03/2023)

RECAP
16 Jan. 4, 2023

SUMMONS Returned Executed by M S. Ray J. Garcia served on 1/4/2023, answer due 1/25/2023. (Pride, Jessica) (Filed on 1/4/2023) (Entered: 01/04/2023)

RECAP
17 Jan. 6, 2023

MOTION to Dismiss filed by Ray J. Garcia. Motion Hearing set for 2/16/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. Responses due by 1/20/2023. Replies due by 1/27/2023. (Attachments: # 1 Proposed Order)(Little, Kevin) (Filed on 1/6/2023) (Entered: 01/06/2023)

RECAP
18 Jan. 9, 2023

SUMMONS Returned Executed by M S. United States of America served on 1/9/2023, answer due 3/10/2023. (Attachments: # 1 Exhibit Proof of Delivery to USA)(Pride, Jessica) (Filed on 1/9/2023) (Entered: 01/09/2023)

RECAP
19 Jan. 11, 2023

SUMMONS Returned Executed by M S. Federal Correctional Institution - Dublin served on 1/4/2023, answer due 1/25/2023. (Pride, Jessica) (Filed on 1/11/2023) (Entered: 01/11/2023)

RECAP
20 Jan. 11, 2023

SUMMONS Returned Executed by M S. Guido Abellera served on 1/6/2023, answer due 1/27/2023. (Pride, Jessica) (Filed on 1/11/2023) (Entered: 01/11/2023)

RECAP
21 Jan. 19, 2023

OPPOSITION/RESPONSE (re 17 MOTION to Dismiss ) filed byM S. (Pride, Jessica) (Filed on 1/19/2023) (Entered: 01/19/2023)

RECAP
22 Jan. 20, 2023

REPLY (re 17 MOTION to Dismiss ) filed byRay J. Garcia. (Little, Kevin) (Filed on 1/20/2023) (Entered: 01/20/2023)

RECAP
23 Jan. 23, 2023

CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/30/2023. (wft, COURT STAFF) (Filed on 1/23/2023) (Entered: 01/23/2023)

RECAP
24 Jan. 23, 2023

***POSTED IN ERROR. SELECTION NOT INDICATED ON FORM*** CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ray J. Garcia.. (Little, Kevin) (Filed on 1/23/2023) Modified text on 1/24/2023 (dhm, COURT STAFF). (Entered: 01/23/2023)

RECAP
25 Jan. 23, 2023

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ray J. Garcia.. (Little, Kevin) (Filed on 1/23/2023) (Entered: 01/23/2023)

RECAP
26 Jan. 24, 2023

Proposed Summons. (Pride, Jessica) (Filed on 1/24/2023) (Entered: 01/24/2023)

RECAP
27 Jan. 25, 2023

Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 1/25/2023) (Entered: 01/25/2023)

RECAP
28 Feb. 3, 2023

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 2/3/2023) (Entered: 02/03/2023)

RECAP
29 Feb. 3, 2023

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by The Clerk on 02/03/2023. (Attachments: # 1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 2/3/2023) (Entered: 02/03/2023)

RECAP
30 Feb. 3, 2023

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/9/2023. Initial Case Management Conference set for 5/16/2023 at 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances:< /b> Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 15, 2023 by no later than 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://ww w.cand.uscourts.gov/zoom/. (bxs, COURT STAFF) (Filed on 2/3/2023) (Entered: 02/03/2023)

RECAP
Feb. 3, 2023

Clerk's Notice of Impending Reassignment - Text Only

31 Feb. 6, 2023

SUMMONS Returned Executed by M S. United States of America served on 1/30/2023, answer due 3/31/2023. (Attachments: # 1 Certificate/Proof of Service Proof of Delivery to USA, # 2 Certificate/Proof of Service Proof of Delivery to USA)(Pride, Jessica) (Filed on 2/6/2023) (Entered: 02/06/2023)

RECAP
32 Feb. 6, 2023

Judicial Referral for Purpose of Determining Relationship of Cases re 22-cv-08924-JST & 22-cr-00066-YGR. Signed by Judge Jon S. Tigar on 2/6/2023. (bxs, COURT STAFF) (Filed on 2/6/2023) (Entered: 02/06/2023)

RECAP
33 Feb. 8, 2023

Renotice motion hearing re 17 MOTION to Dismiss filed byRay J. Garcia. (Related document(s) 17 ) (Little, Kevin) (Filed on 2/8/2023) (Entered: 02/08/2023)

RECAP
34 Feb. 8, 2023

CLERK'S NOTICE RE 33 . 17 MOTION to Dismiss Hearing reset to 4/6/2023 at 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or pa rties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than April 5, 2023 by no later than 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (Th is is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 2/8/2023) (Entered: 02/08/2023)

RECAP
Feb. 8, 2023

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Feb. 8, 2023

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Feb. 8, 2023

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

35 Feb. 14, 2023

RELATED CASE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 2/14/2023. (amg, COURT STAFF) (Filed on 2/14/2023) (Entered: 02/14/2023)

RECAP
36 Feb. 15, 2023

ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Judge Jon S. Tigar no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Judge The Clerk on 02/15/2023. (Attachments: # 1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 2/15/2023) (Entered: 02/15/2023)

Clearinghouse
37 Feb. 16, 2023

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 5/15/2023. Initial Case Management Conference set for 5/22/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (Attachments: # 1 Standing Order) (amg, COURT STAFF) (Filed on 2/16/2023) (Entered: 02/16/2023)

RECAP
38 Feb. 22, 2023

ORDER SETTING CASE MANAGEMENT CONFERENCE FOR RELATED CASES Joint Case Management Statement due by 3/8/2023. Initial Case Management Conference set for 3/15/2023 01:00 PM in Oakland, Courtroom 1, 4th Floor. Signed by Judge Yvonne Gonzalez Rogers on 2/22/2023. (amg, COURT STAFF) (Filed on 2/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 02/22/2023)

RECAP
39 Feb. 23, 2023

NOTICE of Voluntary Dismissal Without Prejudice of Guido Abellera, M.D. by M S (Pride, Jessica) (Filed on 2/23/2023) (Entered: 02/23/2023)

RECAP
40 March 1, 2023

SUMMONS Returned Executed by M S. John Russell Bellhouse served on 2/25/2023, answer due 3/20/2023. (Pride, Jessica) (Filed on 3/1/2023) (Entered: 03/01/2023)

RECAP
41 March 6, 2023

ORDER RE PENDING STIPULATION TO STAY (40 in 4:22-cv-05137-YGR). Signed by Judge Yvonne Gonzalez Rogers on 3/6/2023. (bxs, COURT STAFF) (Filed on 3/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/06/2023)

RECAP
42 March 7, 2023

First MOTION for Extension of Time to File Response/Reply filed by John Russell Bellhouse. (Bellhouse, John) (Filed on 3/7/2023) (Entered: 03/07/2023)

RECAP
43 March 7, 2023

First MOTION for Leave to Appear Remote Video Teleconferencing or Telephone filed by John Russell Bellhouse. (Bellhouse, John) (Filed on 3/7/2023) (Entered: 03/07/2023)

RECAP
44 March 8, 2023

JOINT CASE MANAGEMENT STATEMENT filed by M S. (Pride, Jessica) (Filed on 3/8/2023) (Entered: 03/08/2023)

RECAP
45 March 9, 2023

STIPULATION WITH PROPOSED ORDER TO STAY CASE filed by M S. (Attachments: # 1 Proposed Order to Stay Case)(Pride, Jessica) (Filed on 3/9/2023) (Entered: 03/09/2023)

RECAP
46 March 10, 2023

ORDER by Judge Yvonne Gonzalez Rogers granting 45 Motion to Stay Case. Case Stayed until 7/1/2023. Case Management Conference set for 3/15/21023 is VACATED. Motion to Dismiss is withdrawn without prejudice to refiling once the stay is lifted. Denying as moot 43 Motion for Leave to Appear Remotely by Video Teleconferencing or Telephone. Granting 42 Motion for Extension of Time to File Response/Reply. Joint Status Report due by 6/23/2023. (kc, COURT STAFF) (Filed on 3/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/10/2023)

RECAP
47 April 19, 2023

ANSWER to Complaint byUnited States of America. (Butland, Brodie) (Filed on 4/19/2023) (Entered: 04/19/2023)

RECAP
49 June 1, 2023

ORDER RELATING CASE. Case 22-cv-05137 is related to Case 22-cv-08924 and Case 22-cv-09096. Signed by Judge Yvonne Gonzalez Rogers on 6/1/2023. (eac, COURT STAFF) (Filed on 6/1/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/02/2023)

RECAP
48 June 2, 2023

ORDER VACATING CASE MANAGEMENT CONFERENCE, STAYING CASE, AND SETTING DEADLINE FOR JOINT STATUS REPORT. Joint Status Report due by 6/23/2023. Signed by Judge Yvonne Gonzalez Rogers on 6/2/2023. (eac, COURT STAFF) (Filed on 6/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/02/2023)

RECAP
50 June 19, 2023

NOTICE by M S Notice of Disassociation of Counsel (Pride, Jessica) (Filed on 6/19/2023) (Entered: 06/19/2023)

RECAP
51 June 28, 2023

CLERK'S NOTICE SETTING ZOOM HEARING. You are hereby notified that the Status Conference will be held by Zoom Webinar. Status Conference set for 7/10/2023 at 9:00 AM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 6/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/29/2023)

RECAP
54 July 10, 2023

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Status Conference held on 7/10/2023. Total Time in Court: 18 minutes. Court Reporter: Raynee Mercado. (eac, COURT STAFF) (Date Filed: 7/10/2023) (Entered: 07/20/2023)

RECAP
52 July 13, 2023

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Further Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 12/11/2023. Further Case Management Conference set for 12/18/2023 at 01:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at YGRCRD@cand.uscourts.gov no later than December 15, 2023 at 12:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 7/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 7/13/2023 (eac, COURT STAFF). (Entered: 07/13/2023)

RECAP
53 July 13, 2023

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 7/13/2023. (eac, COURT STAFF) (Filed on 7/13/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/13/2023)

RECAP
July 13, 2023

Clerk's Notice AND ~Util - Teleconference Zoom

55 Oct. 16, 2023

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 12/4/2023. Initial Case Management Conference set for 12/11/2023 at 01:00 PM in Oakland, - Videoconference Only. All cases set specially on the December 11, 2023, 1:00 pm case management calendar for cases arising out of alleged conduct in the Dublin Correctional Facility SHALL MEET AND CONFER and SHALL file ONE JOINT case management statement to identify areas of overlap versus areas of distinction. The statement shall include a spreadsheet with all cases, counsel and basic information to assist the Court with case management. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at YGRCRD@cand.uscourts.gov no later than December 8, 2023 at 12:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 10/16/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/16/2023)

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Oct. 16, 2023

Clerk's Notice AND ~Util - Teleconference Zoom

56 Oct. 17, 2023

AMENDED COMPLAINT (First) against All Defendants. Filed byM S. (Pride, Jessica) (Filed on 10/17/2023) (Entered: 10/17/2023)

Clearinghouse
57 Oct. 17, 2023

Proposed Summons. (Pride, Jessica) (Filed on 10/17/2023) (Entered: 10/17/2023)

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58 Oct. 17, 2023

Summons Issued as to Jeffrey Wilson. (cv, COURT STAFF) (Filed on 10/17/2023) (Entered: 10/17/2023)

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59 Oct. 18, 2023

First MOTION to Remove Incorrectly Filed Document ECF No. 1 filed by M S. (Attachments: # 1 Proposed Order)(Pride, Jessica) (Filed on 10/18/2023) (Entered: 10/18/2023)

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60 Oct. 26, 2023

Order to Lock Incorrectly Filed Document by Judge Yvonne Gonzalez Rogers Granting 59 Motion to Remove Incorrectly Filed Document. (eac, COURT STAFF) (Filed on 10/26/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/26/2023)

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61 Nov. 28, 2023

CLERK'S NOTICE. You are hereby notified that Further Case Management Conference previously set for 12/11/2023 at 1:00 PM is continued to 12/11/2023 at 3:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 11/28/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 11/28/2023)

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Nov. 28, 2023

Clerk's Notice AND ~Util - Teleconference Zoom

62 Dec. 8, 2023

NOTICE of Substitution of Counsel by Alison Milne and Patrick Conti (Milne, Alison) (Filed on 12/8/2023) (Entered: 12/08/2023)

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63 Dec. 9, 2023

CASE MANAGEMENT STATEMENT filed by John Russell Bellhouse. (Bellhouse, John) (Filed on 12/9/2023) (Entered: 12/09/2023)

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64 Dec. 11, 2023

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Further Case Management Conference held on 12/11/2023. Total Time in Court: 1:31. Court Reporter: Rhonda Aquilina, via Zoom. (eac, COURT STAFF) (Date Filed: 12/11/2023) (Entered: 12/12/2023)

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66 Dec. 11, 2023

Amended Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Further Case Management Conference held on 12/11/2023. Total Time in Court: 1:31. Court Reporter: Rhonda Aquilina, via Zoom. (eac, COURT STAFF) (Date Filed: 12/11/2023) (Entered: 12/13/2023)

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65 Dec. 12, 2023

CASE MANAGEMENT AND PRETRIAL ORDER: Further Case Management Conference will be held by Zoom Webinar. Further Case Management Conference set for 12/18/2023 at 10:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at YGRCRD@cand.uscourts.gov no later than December 15, 2023 at 12:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Set Deadlines as to 11 in 4:23-cv-04155-YGR: MOTION to Certify Class Notice of Motion and Memorandum in Support of Motion for Class Certification and Appointment of Class Counsel. Parties' Proposed Order on Psychological Evaluations due by 12/15/2023. Defendant's Opposition to Plaintiff's Class Certification Motion in 23-4155 due by 12/28/2023. Evidentiary Hearing set for 1/3/2024 at 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Plaintiff's Reply in Support of Class Certification due by 1/5/2023. Signed by Judge Yvonne Gonzalez Rogers on 12/12/2023. (eac, COURT STAFF) (Filed on 12/12/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/12/2023)

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67 Dec. 18, 2023

Order of Reference to Magistrate Judge Tse for Discovery Purposes. Signed by Judge Yvonne Gonzalez Rogers on 12/18/2023. (eac, COURT STAFF) (Filed on 12/18/2023) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/18/2023)

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68 Dec. 18, 2023

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Further Case Management Conference held on 12/18/2023. Total Time in Court: 51 minutes. Court Reporter: Summer Fisher; via Zoom. (eac, COURT STAFF) (Date Filed: 12/18/2023) (Entered: 12/22/2023)

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69 Feb. 1, 2024

CLERKS NOTICE SETTING DISCOVERY HEARING. The parties are hereby notified that a Discovery Hearing regarding the proposed orders and related objections filed in case no. 22-cv-5137-YGT at Dkts. 122, 123 and 124 is set for 2/6/2024 10:00 AM before Magistrate Judge Alex G. Tse. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/judges/tse-alex-g-agt/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Filed on 2/1/2024) (Entered: 02/01/2024)

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70 Feb. 1, 2024

Response by John Russell Bellhouse. (Bellhouse, John) (Filed on 2/1/2024) (Entered: 02/01/2024)

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Feb. 1, 2024

Clerk's Notice Setting Zoom Hearing

71 Feb. 6, 2024

Minute Entry for discovery hearing held on 2/6/2024 before Magistrate Judge Alex G. Tse. Discussion held regarding pre-mediation mental health examinations, a proposed protective order, and a proposed Privacy Act order. Zoom Recording Time: 10:10 - 11:34. Attorney for Plaintiff M.R.: Jessica Pride. Attorney for FCI Dublin: Brodie Butland. Attorney for USA: Victoria Boesch. Attorney for Sergio Saucedo: Geoffrey Becker. Attorney for D.G. and various other plaintiffs: Kyle Gaines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 2/6/2024) (Entered: 02/08/2024)

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72 Feb. 8, 2024

ORDER Regarding Pre-Mediation Examinations by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 2/8/2024) (Entered: 02/08/2024)

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Feb. 8, 2024

Discovery Hearing

73 Feb. 26, 2024

ORDER regarding protective order, privacy act order, and order re mental health examination by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 2/26/2024) (Entered: 02/26/2024)

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74 March 5, 2024

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Alex G. Tse (shy, COURT STAFF) (Filed on 3/5/2024) (Entered: 03/05/2024)

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75 March 5, 2024

PRIVACY ACT ORDER signed by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 3/5/2024) (Entered: 03/05/2024)

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76 March 13, 2024

ORDER Permitting Experts to Enter BOP Facilities to Conduct Evaulations on Plaintiffs signed by Magistrate Judge Alex G. Tse: approving as modified 44 Proposed Order. (shy, COURT STAFF) (Filed on 3/13/2024) (Entered: 03/13/2024)

Clearinghouse
77 March 13, 2024

ORDER Regarding Pre-Mediation Examinations by Magistrate Judge Alex G. Tse: regarding 44 Proposed Order. (shy, COURT STAFF) (Filed on 3/13/2024) (Entered: 03/13/2024)

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78 April 2, 2024

Proposed Summons. (Pride, Jessica) (Filed on 4/2/2024) (Entered: 04/02/2024)

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79 April 3, 2024

Proposed Summons. (Pride, Jessica) (Filed on 4/3/2024) (Entered: 04/03/2024)

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April 3, 2024

Electronic Filing Error

April 3, 2024

Electronic filing error. The party listed on the summons is not listed as a defendant in the complaint. This filing will not be processed by the clerks office. Re: 78 Proposed Summons filed by M S (dhm, COURT STAFF) (Filed on 4/3/2024)

April 4, 2024

Electronic Filing Error

April 4, 2024

Electronic filing error. Summons must be directed to a named defendant. This filing will not be processed by the clerks office. Re: 79 Proposed Summons filed by M S (dhm, COURT STAFF) (Filed on 4/4/2024)

80 June 3, 2024

MOTION to Appoint Counsel filed by John Russell Bellhouse. (cv, COURT STAFF) (Filed on 6/3/2024) (Entered: 06/03/2024)

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81 June 3, 2024

Letter from John Russell Bellhouse. (cv, COURT STAFF) (Filed on 6/3/2024) (Entered: 06/03/2024)

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82 June 4, 2024

Order AND ~Util - Set Deadlines/Hearings

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83 June 10, 2024

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL by Judge Yvonne Gonzalez Rogers Denying 80 Motion to Appoint Counsel. (eac, COURT STAFF) (Filed on 6/10/2024) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/10/2024)

Clearinghouse
84 July 8, 2024

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by John Russell Bellhouse. Appeal of Order on Motion to Appoint Counsel, 83 (Appeal fee FEE NOT PAID.) (Attachments: # 1 Envelope)(cv, COURT STAFF) (Filed on 7/8/2024) (Entered: 07/08/2024)

Clearinghouse
85 July 8, 2024

MOTION to Stay pending re 84 Notice of Appeal to the Ninth Circuit filed by John Russell Bellhouse. Responses due by 8/5/2024. Replies due by 8/19/2024. (cv, COURT STAFF) (Filed on 7/8/2024) (Entered: 07/08/2024)

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86 July 11, 2024

ORDER DENYING MOTION OF JOHN RUSSELL BELLHOUSE TO STAY PROCEEDINGS PENDING APPEAL by Judge Yvonne Gonzalez Rogers Denying 85 Motion to Stay. (eac, COURT STAFF) (Filed on 7/11/2024) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/11/2024)

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Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 16, 2022

Closing Date: March 18, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Montana resident formerly incarcerated at FCI Dublin

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of California 4:22-cv-08924

U.S. Court of Appeals for the Ninth Circuit 24-04271

Eastern District of California 24-05137

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff

Recommended Citation