(PC) Fratus v. Klein et al (2:17-cv-00535), California Eastern District Court

(PC) Fratus v. Klein et al

California Eastern District Court
Judge:	Kimberly J Mueller
Case #:	2:17-cv-00535
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Mar 13, 2017
Terminated:	Nov 13, 2017

Defendant J. Nicholson
Defendant K. Huggett
Defendant M. Ramirez
Defendant T. Klein
Plaintiff John Fratus

	GPO Mar 24 2017 ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/2017 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
	GPO Apr 18 2017 ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2017 DENYING plaintiff's 6 motion for disqualification. (Yin, K)
	GPO Jun 13 2017 ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2017 DENYING as duplicative 17 and 18 Motions for U.S. Marshal to Serve Defendants. Plaintiff to complete and return the application to proceed IFP within 30 days from the date of this order. (Henshaw, R)
	GPO Jul 13 2017 ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/17 denying 16 Motion for the U.S. Marshal service and granting 20 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to effect service on defendants. (Plummer, M)
	GPO Aug 03 2017 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) signed by Magistrate Judge Kendall J. Newman on 8/3/2017. (Henshaw, R)
	GPO Aug 21 2017 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 8/21/2017 ORDERING the Custodian to produce John Fratus at 9:00 a.m. on 11/9/2017 in Courtroom #4 before Magistrate Judge Craig M. Kellison. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: Magistrate Judge Craig M. Kellison and OTCD) (Henshaw, R)

Docket last updated: 04/23/2024 11:59 PM PDT

Monday, November 13, 2017
32		32 notice Notice of Voluntary Dismissal Mon 11/13 8:25 AM CLERK'S NOTICE of VOLUNTARY DISMISSAL (text only): This matter is DISMISSED per31 Stipulation of Voluntary Dismissal pursuant to FRCP 41(a). CASE CLOSED. (Henshaw, R) Related: [-]
		service Service by Mail Mon 11/13 8:25 AM SERVICE BY MAIL: 32 Notice of Voluntary Dismissal served on John Fratus. (Henshaw, R) Related: [-]
Thursday, November 09, 2017
33		33 minutes Settlement Conference Mon 11/13 11:47 AM MINUTES for proceedings before Magistrate Judge Craig M. Kellison: SETTLEMENT CONFERENCE held on 11/9/2017; CASE SETTLED. In the course of settlement negotiations in Fratus v. Klein 2:17-cv-0535-KJM-KJN and Fratus v. Mazyck 2:16-cv-0076-KJM-EFB, the matter of Fratus v. Gonzales 2:17-cv-0462-KJM-DB also SETTLED. Terms of the settlement were read on the record. Plaintiff John Fratus Pro Se present. Defendants' Counsel Sarah Brattin, Joanna Hood, and Gabrielle DeSantis-Nield present. Court Reporter/CD Number: ECRO. (Crouch, J) Related: [-]
31		31 misc Stipulation Thu 11/09 3:21 PM STIPULATION for Voluntary Dismissal with Prejudice (Fed. R. Civ. P. 41(a)(1)(A)(ii)) by K. Huggett, T. Klein, J. Nicholson, M. Ramirez. (Brattin, Sarah) Related: [-]
Thursday, November 02, 2017
30		30 notice Notice (Other) Thu 11/02 10:36 AM NOTICE of Submission of CONFIDENTIAL Settlement Conference Statement by K. Huggett, T. Klein, J. Nicholson, M. Ramirez. (Brattin, Sarah) Related: [-]
Monday, August 21, 2017
29		29 order Order Mon 08/21 11:26 AM ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 8/21/2017 ORDERING the Custodian to produce John Fratus at 9:00 a.m. on 11/9/2017 in Courtroom #4 before Magistrate Judge Craig M. Kellison. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: Magistrate Judge Craig M. Kellison and OTCD) (Henshaw, R) Related: [-]
28		28 order Scheduling Order Mon 08/21 11:22 AM ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/2017 ORDERING Settlement Conference set before Magistrate Judge Craig M. Kellison for 11/9/2017 at 09:00 AM in Courtroom 4. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants behalf shall attend in person. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. In addition, the conference will not proceed and will be reset to another date. Judge Kellison or another representative from the court will be contacting the parties either by telephone or in person, approximately one week prior to the settlement conference, to ascertain each partys expectations of the settlement conference. (cc: Magistrate Judge Craig M. Kellison) (Henshaw, R) Related: [-]
		service Service by Mail Mon 08/21 11:28 AM SERVICE BY MAIL:28 Order and29 Order and Writ Issued served on John Fratus. 3 Certified copies of29 Order and Writ Issued served on Warden, SAC, P. O. Box 290002, Represa, California 95671. (Henshaw, R) Related: [-]
Wednesday, August 16, 2017
27		27 notice Notice re Judge Election for Settlement Conference Wed 08/16 10:57 AM NOTICE RE: JUDGE ELECTION FOR SETTLMENT CONFERENCE (Post-Screening ADR Project) requesting the assigned Magistrate Judge participate in the settlement conference by Defendants K. Huggett, T. Klein, J. Nicholson, M. Ramirez. Attorney Brattin, Sarah Margaret Gold added. (Brattin, Sarah) Related: [-]
Monday, August 14, 2017
26		26 notice Notice re Judge Election for Settlement Conference Tue 08/15 12:26 PM NOTICE RE: JUDGE ELECTION FOR SETTLMENT CONFERENCE (Post-Screening ADR Project) requesting a different judge hold the settlement conference by Plaintiff John Fratus. (Hunt, G) Related: [-]
Thursday, August 03, 2017
25		25 misc Document(s) Served Electronically Thu 08/03 9:48 AM DOCUMENTS SERVED ELECTRONICALLY:1 Prisoner Civil Rights Complaint served on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Supervising Deputy Attorney General) (Henshaw, R) Related: [-]
		Att: 1
		Att: 9 Screening Order
24		24 order Order Referring Case for ADR Project Thu 08/03 9:45 AM ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) signed by Magistrate Judge Kendall J. Newman on 8/3/2017. (Henshaw, R) Related: [-]
		service Service by Mail Thu 08/03 9:45 AM SERVICE BY MAIL:24 Order Referring Case to Post-Screening ADR Project served on John Fratus. (Henshaw, R) Related: [-]
Tuesday, August 01, 2017
23		23 service Waiver of Service Executed Tue 08/01 3:47 PM WAIVER of SERVICE RETURNED EXECUTED: K. Huggett Waiver sent on 6/19/2017, answer due 8/18/2017; T. Klein Waiver sent on 6/19/2017, answer due 8/18/2017; J. Nicholson Waiver sent on 6/19/2017, answer due 8/18/2017; M. Ramirez Waiver sent on 6/19/2017, answer due 8/18/2017. (Brattin, Sarah) Related: [-]
Monday, July 24, 2017
22		22 misc Status Report Tue 07/25 3:44 PM STATUS REPORT by John Fratus. (Mena-Sanchez, L) Related: [-]
Thursday, July 13, 2017
21		21 order Order on Motion for Miscellaneous Relief Order on Motion for Extension Thu 07/13 11:30 AM ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/17 denying16 Motion for the U.S. Marshal service and granting20 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to effect service on defendants. (Plummer, M) Related: [-]
		service Service by Mail Thu 07/13 11:31 AM SERVICE BY MAIL:21 Order on Motion for Miscellaneous Relief,, Order on Motion for Extension, served on John Fratus. (Plummer, M) Related: [-]
Thursday, June 29, 2017
20		20 motion Extension of Time Fri 06/30 9:27 AM MOTION for EXTENSION OF TIME to serve defendants by John Fratus. (Hunt, G) Related: [-]
Tuesday, June 13, 2017
19		19 order Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion for Miscellaneous Relief Tue 06/13 10:36 AM ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2017 DENYING as duplicative17 and18 Motions for U.S. Marshal to Serve Defendants. Plaintiff to complete and return the application to proceed IFP within 30 days from the date of this order. (Henshaw, R) Related: [-]
		service Service by Mail Tue 06/13 10:37 AM SERVICE BY MAIL:19 Order and IFP application served on John Fratus. (Henshaw, R) Related: [-]
Wednesday, June 07, 2017
18		18 motion Miscellaneous Relief Thu 06/08 3:47 PM MOTION for U.S. Marshal to serve Defendants by John Fratus. (Nguyen, K) Related: [-]
Thursday, June 01, 2017
17		17 motion Miscellaneous Relief Fri 06/02 3:54 PM MOTION for Order directing service by US Marshal by John Fratus. (Hunt, G) Related: [-]
Friday, May 19, 2017
16		16 motion Miscellaneous Relief Mon 05/22 11:21 AM MOTION for U.S. Marshal to serve Defendants by John Fratus. (Nguyen, K) Related: [-]
Wednesday, May 10, 2017
15		15 misc Decline of Jurisdiction of US Magistrate Judge Thu 05/11 8:31 AM DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by John Fratus. (Hunt, G) Related: [-]
Wednesday, May 03, 2017
14		14 order 09 - Order Re Consent or Request for Reassignment Wed 05/03 1:54 PM ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 5/3/2017. (Yin, K) Related: [-]
		Att: 1 Order re Consent,
		Att: 2 Order re Consent,
		Att: 3 Order re Consent,
		Att: 4 Order re Consent
13		13 service Summons Issued Wed 05/03 1:52 PM SUMMONS ISSUED as to M. Ramirez with answer to complaint due within 21 days. Attorney John Fratus V-74577 California State Prison, Sacramento P.O. Box 290066 Represa, CA 95671-0066. (Yin, K) Related: [-]
12		12 service Summons Issued Wed 05/03 1:50 PM SUMMONS ISSUED as to J. Nicholson with answer to complaint due within 21 days. Attorney John Fratus California State Prison, Sacramento P.O. Box 290066 Represa, CA 95671-0066. (Yin, K) Related: [-]
11		11 service Summons Issued Wed 05/03 1:48 PM SUMMONS ISSUED as to T. Klein with answer to complaint due within 21 days. Attorney John Fratus V-74577 California State Prison, Sacramento P.O. Box 290066 Represa, CA 95671-0066. (Yin, K) Related: [-]
10		10 service Summons Wed 05/03 1:46 PM SUMMONS ISSUED as to K. Huggett with answer to complaint due within 21 days. Attorney John Fratus V-74577 California State Prison, Sacramento P.O. Box 290066 Represa, CA 95671-0066. (Yin, K) Related: [-]
9		9 order 08 - Screening Order Wed 05/03 1:44 PM ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2017 ORDERING the Clerk to send plaintiff forms to effect service on defendants Nicholson, Klein, Ramirez, and Huggett. Plaintiff shall complete service of process within 60 days, in accordance with this order. Defendants shall reply to the complaint within the time provided in Fed. R. Civ. P. 12(a). Plaintiff's status report shall be filed within 90 days from the date of this order. Defendants' status report shall be filed within 30 days thereafter. The Clerk shall serve plaintiff a copy of the Local Rules.(Yin, K) Related: [-]
		service Service by Mail Wed 05/03 2:01 PM SERVICE BY MAIL:9 Order along with Local Rules,10 ,11 ,12 ,13 Summons Issued, 5 copies of14 Order Re Consent or Request for Reassignment, and 1 copy of the1 complaint served on John Fratus. (Yin, K) Related: [-]
Tuesday, April 18, 2017
8		8 order Order on Motion for Miscellaneous Relief Tue 04/18 12:49 PM ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2017 DENYING plaintiff's6 motion for disqualification. (Yin, K) Related: [-]
		service Service by Mail Tue 04/18 12:50 PM SERVICE BY MAIL:8 Order on Motion served on John Fratus. (Yin, K) Related: [-]
Friday, April 07, 2017
7		7 misc Clerk's Notice of Docket Correction Fri 04/07 3:39 PM CLERK'S NOTICE (text only): This case is assigned to District Judge Kimberly J. Mueller and Magistrate Judge Kendall J. Newman; the new case number is 2:17-cv-0535-KJM-KJN (PC). (Zignago, K.) Related: [-]
		service Service by Mail Fri 04/07 3:53 PM SERVICE BY MAIL: 7 Clerk's Notice served on John Fratus. (Zignago, K.) Related: [-]
Friday, March 31, 2017
6		6 motion Miscellaneous Relief Mon 04/03 3:37 PM MOTION to vacate assignment to Magistrate Judge Newman by John Fratus. (Zignago, K.) Related: [-]
Thursday, March 30, 2017
5		5 misc Decline of Jurisdiction of US Magistrate Judge Fri 03/31 3:56 PM DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by John Fratus. (Zignago, K.) Related: [-]
4		4 misc Objections Fri 03/31 3:56 PM OBJECTIONS by Plaintiff John Fratus to Magistrate Judge conducting any proceedings in this matter. (Zignago, K.) Related: [-]
Tuesday, March 28, 2017
		misc CAED Receipt Tue 03/28 2:24 PM RECEIPT number #CAE200080963 $400.00 fbo John Fratus by State of California on 3/28/2017. (Michel, G.) Related: [-]
Friday, March 24, 2017
3		3 order Order Fri 03/24 3:35 PM ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/2017 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application.(Yin, K) Related: [-]
		service Service by Mail Fri 03/24 3:35 PM SERVICE BY MAIL:3 Order and ifp form served on John Fratus. (Yin, K) Related: [-]
Tuesday, March 14, 2017
2		2 order Prisoner New Case Documents for Magistrate Judge as Presider Tue 03/14 2:26 PM PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/17/2017 (Washington, S) Related: [-]
		Att: 1 Order re Consent
		service Service by Mail Tue 03/14 2:27 PM SERVICE BY MAIL:2 Prisoner New Case Documents for Magistrate Judge as Presider served on John Fratus. (Washington, S) Related: [-]
Monday, March 13, 2017
1		1 cmp Prisoner Civil Rights Complaint Tue 03/14 2:26 PM PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by John Fratus.(Washington, S) Related: [-]
		Att: 1 Litigant Letter re fees

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