Case: Dilley v. Gunn

3:92-cv-01305 | U.S. District Court for the Southern District of California

Filed Date: Aug. 28, 1992

Closed Date: Dec. 15, 1995

Clearinghouse coding complete

Case Summary

In August, 1992, an inmate at Calipatria State Prison filed a lawsuit under 42 U.S.C. § 1983 against prison officials in the U.S. District Court for the Southern District of California. The plaintiff, at first represented by himself and later by private counsel, asked the court for declaratory, injunctive and monetary relief, alleging that the defendants had violated his First and Eighth Amendment rights. Specifically, the plaintiff contended that the defendants violated his right of access t…

In August, 1992, an inmate at Calipatria State Prison filed a lawsuit under 42 U.S.C. § 1983 against prison officials in the U.S. District Court for the Southern District of California. The plaintiff, at first represented by himself and later by private counsel, asked the court for declaratory, injunctive and monetary relief, alleging that the defendants had violated his First and Eighth Amendment rights. Specifically, the plaintiff contended that the defendants violated his right of access to the courts by failing to provide reasonable access to the prison law library and that the conditions of confinement violated the Eighth Amendment.

On March 29, 1993, the District Court (Judge Judith N. Keep) granted the plaintiff's motion for summary judgment with respect to the law library claim, denied summary judgment for all other claims, and ordered the defendants to improve inmate access to the law library. Judge Keep held that the defendants did not provide constitutionally adequate access to the law library and appointed Magistrate Judge Barry T. Moskowitz as Special Master to recommend to the District Court a plan to improve library access.

On May 11, 1993, the District Court (Judge Keep) denied the plaintiff's application for an order to show cause--an application which requested that the Court order the defendants to provide a constitutionally adequate prison library--construing it to be one for a preliminary injunction.

On June 7, 1993, the District Court (Judge Keep) granted several defendants' motions for summary judgment on the issue of damages with respect to the library access claim, as well as one defendant's motion for summary judgment on the claim that the plaintiff was denied food in violation of the Eighth Amendment. The plaintiff appealed.

In a September 1993 report, the Magistrate Court (Judge Moskowitz) recommended expanding the library's size, allowing inmates to have access to the stacks and to check out more books at a time, implementing a training program for inmate law clerks, and increasing inmate visits to the library. In addition, Judge Moskowitz recommended holding a compliance hearing to take place after six months.

On December 15, 2003, the District Court (Judge Keep) accepted Judge Moskowitz's plan. The defendants appealed.

On March 30, 1994, the Ninth Circuit Court of Appeals (Judges Betty B. Fletcher, Melvin T. Brunetti, and Stephen S. Trott) affirmed the in part and dismissed in part the District Court's June 7, 1993, decision. Dilley v. Gunn, 21 F.3d 1112 (9th Cir. 1994). The Court affirmed the District Court's denial of the plaintiff's request for a preliminary injunction and held that the District Court orders of March 29, 1993, and June 7, 1993, were not final judgments and therefore not appealable.

On September 8, 1995, the Ninth Circuit Court of Appeals (Judges Betty B. Fletcher, Charles E. Wiggins, and Ferdinand F. Fernandez) remanded the case with respect to the District Court's December 15, 1994, decision. Dilley v. Gunn, 64 F.3d 1365 (9th Cir. 1995). Judge Fletcher held that the appeal was moot because the plaintiff was no longer incarcerated at Calipatria, and remanded the case to determine whether the order granting injunctive relief should be vacated. In a concurring opinion, Judge Fernandez expressed doubt that the injunction could remain in effect after the matter had become moot.

On December 15, 1995, the District Court (Judge Keep) vacated the December 7, 1993, adoption of the Special Master's Report as well as the April 21, 1993, appointment of counsel. Judge Keep dismissed the case.

Summary Authors

Josh Altman (6/1/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9858857/parties/dilley-v-calipatria-st-prison/


Judge(s)

Brunetti, Melvin T. (Nevada)

Fletcher, Betty Binns (Washington)

Keep, Judith Nelsen (California)

Attorney for Plaintiff
Attorney for Defendant

Foote, Timothy C. (California)

Lepkowsky, Darrell Lee (California)

Judge(s)

Brunetti, Melvin T. (Nevada)

Fletcher, Betty Binns (Washington)

Keep, Judith Nelsen (California)

Moskowitz, Barry Ted (California)

Trott, Stephen S. (Idaho)

show all people

Documents in the Clearinghouse

Document

3:92-cv-01305

Docket (PACER)

Dilley v. Calipatria State Prison

March 13, 1996

March 13, 1996

Docket

93-55902

Memorandum

U.S. Court of Appeals for the Ninth Circuit

March 30, 1994

March 30, 1994

Order/Opinion

21 F.3d 21

94-55133

Reported Opinion

U.S. Court of Appeals for the Ninth Circuit

Sept. 8, 1995

Sept. 8, 1995

Order/Opinion

64 F.3d 64

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9858857/dilley-v-calipatria-st-prison/

Last updated March 26, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Filed; Summons(es) issued on 8/31/92 (referred to Magistrate Barry T. Moskowitz ) Receipt No/Amt of Fee: ifp (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
2

Petition for TRO by plaintiff Daniel Dilley (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
3

Motion by plaintiff Daniel Dilley to proceed in forma pauperis (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
4

Declaration by plaintiff Daniel Dilley re motion to proceed in forma pauperis [3-1] (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
5

Declaration by plaintiff Daniel Dilley re motion to proceed in forma pauperis [3-1] (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
6

Order by Judge Judith N. Keep granting motion to proceed in forma pauperis [3-1] (cc: all counsel) (dkt clerk) (Entered: 08/31/1992)

Aug. 28, 1992

Aug. 28, 1992

PACER
7

Order by Judge Judith N. Keep denying mot for tro and preliminary injunction (cc: all counsel) (dkt clerk) (Entered: 09/04/1992)

Sept. 1, 1992

Sept. 1, 1992

PACER
8

Letter to court from plaintiff Daniel Dilley (dkt clerk) (Entered: 09/11/1992)

Sept. 10, 1992

Sept. 10, 1992

PACER
9

Motion by plaintiff Daniel Dilley for temporary injunction [ motion(s) referred to Judge Judith N. Keep ], t/w stmt of facts in support of mot, memo of law, and a inmate/parolee appeal form (dkt clerk) (Entered: 09/11/1992)

Sept. 10, 1992

Sept. 10, 1992

PACER
10

Order by Judge Judith N. Keep denying motion for temporary injunction [9-1] (cc: all counsel) (dkt clerk) (Entered: 09/11/1992)

Sept. 10, 1992

Sept. 10, 1992

PACER
11

Return of Service executed upon defendant Calipatria St Prison, defendant Bryant S Gunn, defendant - Butler on 10/26/92, t/w orig sms, and acknowledgements of receipt of sms and cmp (dkt clerk) (Entered: 10/30/1992)

Oct. 30, 1992

Oct. 30, 1992

PACER
12

Motion by plaintiff Daniel Dilley for appointment of counsel and granting of co-counsel status [ motion(s) referred to Judge Judith N. Keep ] t/w stmt of facts, memo of law, and verif of serv (dkt clerk) (Entered: 11/09/1992)

Nov. 3, 1992

Nov. 3, 1992

PACER
13

Return of Service executed upon defendant Calipatria St Prison, defendant Bryant S Gunn, defendant - Butler on 10/30/92, by USM of sms and cmp (dkt clerk) (Entered: 11/09/1992)

Nov. 5, 1992

Nov. 5, 1992

PACER
14

Demand for jury trial by defendant Calipatria St Prison, defendant Bryant S Gunn, defendant - Butler (dkt clerk) (Entered: 11/10/1992)

Nov. 9, 1992

Nov. 9, 1992

PACER
15

Notice and Order by Magistrate Barry T. Moskowitz ; E.N.E. Conference set for 3:30 11/23/92 (cc: all counsel) (dkt clerk) (Entered: 11/18/1992)

Nov. 18, 1992

Nov. 18, 1992

PACER
16

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; E.N.E. Conference held; E.N.E. Conf recessed to 10:00 1/12/93; pla granted leave to file amd cmp on or before 12/23/92; ENE recessed until after filing of amd cmp; discovery may go forward at this time Court Reporter: (dkt clerk) (Entered: 11/25/1992)

Nov. 23, 1992

Nov. 23, 1992

PACER
18

Notice of Motion by defendant Calipatria St Prison to dismiss 1st amd cmp [ motion(s) referred to Judge Judith N. Keep ] 3/1/93, at 10:30 am (dkt clerk) (Entered: 12/21/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER
19

Memorandum of points and authorities by defendant Calipatria St Prison in support of motion to dismiss 1st amd cmp [18-1] 3/1/93, at 10:30 am, t/w decl of serv (dkt clerk) (Entered: 12/21/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER
17

Notice of Motion Hearing by defendant Calipatria St Prison [ motion(s) referred to Judge Judith N. Keep ] motion to dismiss 1st amd cmp set for 10:30 3/1/93 (dkt clerk) (Entered: 12/21/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER
21

Answer by defendant Bryant S Gunn to 1st amd cmp; and jury demand, t/w decl of serv (dkt clerk) (Entered: 01/11/1993)

Dec. 21, 1992

Dec. 21, 1992

PACER
20

1st Amended complaint for relief under 42 USC 1983 [1-1]; adding B Schelke, Norma Wells (dkt clerk) (Entered: 01/11/1993)

Dec. 23, 1992

Dec. 23, 1992

PACER
22

Petition for tro by plaintiff Daniel Dilley (dkt clerk) (Entered: 01/11/1993)

Jan. 5, 1993

Jan. 5, 1993

PACER
23

Order by Judge Judith N. Keep pla's 3rd request for tro denied, pla's request to enjoin dfts from "double-celling" him w/other inmates is denied; (cc: all counsel) (dkt clerk) (Entered: 02/09/1993)

Jan. 8, 1993

Jan. 8, 1993

PACER
24

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; E.N.E. Conf held; case not settled; Settlement conference to be held 4:00 6/2/93 ; Case Management held Court Reporter: (dkt clerk) (Entered: 01/20/1993)

Jan. 12, 1993

Jan. 12, 1993

PACER
25

Pla's 1st Amended complaint for relief under 42 USC 1983 [1-1] OK TO FILE JUDGE KEEP'S Chambers (dkt clerk) (Entered: 01/20/1993)

Jan. 13, 1993

Jan. 13, 1993

PACER
26

Case Management Order Regulating Discovery and Other Pretrial proceedings by Magistrate Barry T. Moskowitz ; Discovery shall be completed by all ptys on or before 4/28/93; Proposed Final Pretrial Conf orders shall be prepared, served and lodged w/the Clerk on or before 6/21/93; Final Pretrial conf shall be held 10:30 6/28/93 before Judge Keep; Mandatory Settlement conference shall be conducted on 4:00 6/2/93 (cc: all counsel) (dkt clerk) (Entered: 01/22/1993)

Jan. 21, 1993

Jan. 21, 1993

PACER
27

Stipulation of voluntary dismissal of dft Calipatria State Prison (dkt clerk) (Entered: 01/29/1993)

Jan. 27, 1993

Jan. 27, 1993

PACER
28

Order by Judge Judith N. Keep terminating party Calipatria St Prison (cc: all counsel) (dkt clerk) (Entered: 01/29/1993)

Jan. 27, 1993

Jan. 27, 1993

PACER
29

Order by Magistrate Barry T. Moskowitz granting request for leave to take the deposition of pla, a person confined in prison [29-1] (cc: all counsel) (dkt clerk) (Entered: 02/02/1993)

Feb. 1, 1993

Feb. 1, 1993

PACER
31

Motion by plaintiff Daniel Dilley for summary judgment [ motion(s) referred to Judge Judith N. Keep ] 3/29/93, at 10:30 am (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
32

Memorandum by plaintiff Daniel Dilley in support of motion for summary judgment [31-1] 3/29/93, at 10:30 am, part one (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
33

Statement of material facts by plaintiff Daniel Dilley in support of motion hearing [30-1], in support of memorandum [32-1], in support of motion for summary judgment [31-1], t/w decl of serv (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
34

Memorandum by plaintiff Daniel Dilley in support of motion for summary judgment [31-1], before Judge Judith N. Keep 3/29/93, at 10:30 am, part two (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
35

Answer by defendant Bryant S Gunn to 1st amd cmp; and jury demand, t/w decl of serv (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
36

Petition for osc by plaintiff Daniel Dilley, t/w prf of serv (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
37

Order by Judge Judith N. Keep denying petition [36-1]; pla's request that this crt order dfts to provide legal assistance is denied (cc: all counsel) (dkt clerk) (Entered: 02/08/1993)

Feb. 2, 1993

Feb. 2, 1993

PACER
30

Notice of Motion Hearing for s/j by plaintiff Daniel Dilley before Judge Judith N. Keep, 3/29/93, at 10:30 am OK PER CRT(dkt clerk) Modified on 02/08/1993 (Entered: 02/08/1993)

Feb. 3, 1993

Feb. 3, 1993

PACER
38

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Status conf shall be held 4:00 3/12/93; Mr. Dilley shall appear by telephone (cc: all counsel)1 (dkt clerk) (Entered: 02/19/1993)

Feb. 12, 1993

Feb. 12, 1993

PACER
39

Petition for rehearing on order by plaintiff Daniel Dilley, pla's pet for order to show cause, t/w decl of serv (dkt clerk) (Entered: 02/24/1993)

Feb. 24, 1993

Feb. 24, 1993

PACER
40

Order by Judge Judith N. Keep denying petition [39-1], it is hereby ordered that pla's request for reconsideration is denied; additionally, the crt will not consider additional mots for reconsideration or rehrg on this issue (cc: all counsel) (dkt clerk) (Entered: 02/24/1993)

Feb. 24, 1993

Feb. 24, 1993

PACER
41

Notice of Motion Hearing by plaintiff Daniel Dilley to join ptys (dkt clerk) (Entered: 03/05/1993)

March 2, 1993

March 2, 1993

PACER
42

Motion by plaintiff Daniel Dilley to join ptys [ motion(s) referred to Judge Judith N. Keep ] 5/10/93, at 10:30 am (dkt clerk) (Entered: 03/05/1993)

March 2, 1993

March 2, 1993

PACER
43

Declaration by plaintiff Daniel Dilley in support of mot to join ptys [41-1], [42-1], t/w decl of serv (dkt clerk) (Entered: 03/05/1993)

March 2, 1993

March 2, 1993

PACER
44

Order by Judge Judith N. Keep setting motion to join ptys [42-1] at 10:30 5/10/93 (cc: all counsel) (dkt clerk) (Entered: 03/05/1993)

March 2, 1993

March 2, 1993

PACER
46

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Discovery conf held 4:00 3/12/93, dft Gunn shall ans interrogatory 1c and 2a; dft Gunn's objection to interrogatory 7d is sustained; dft shall provide the square footage of pla cell; interrogatory 1c and 2a and the square footage of pla's cell shall be answered w/in 20 days; pla may take depositions if he chooses; pla is to consider procedures under Rule 31 of the FRCP if he so desires; pla may take depositions orally if he desires; the time to make mot to amd the pleadings is extended to 4/2/93; a further Discovery hrg will be held 4:00 5/13/93 Court Reporter: (dkt clerk) (Entered: 03/17/1993)

March 12, 1993

March 12, 1993

PACER
45

Memo of P/A's in Opposition by defendant Bryant S Gunn to pla's motion for summary judgment [31-1], t/w decl of svc and exhibit (dkt clerk) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

PACER
47

Order by Judge Judith N. Keep setting motion to join ptys [42-1] at 10:30 4/19/93; at this time the court clarifies that pla's mot to join ptys is set for hrg on 4/19/93, at 10:30 am (cc: all counsel) (dkt clerk) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

PACER
48

Order by Judge Judith N. Keep denying the request for telephonic conf; the court will make an oral ruling; because pla will not be present, there will be no oral argument at the hrg and the ruling will solely be based on the papers; the court will send the transcript of the oral ruling to pla (cc: all counsel) (dkt clerk) (Entered: 03/22/1993)

March 17, 1993

March 17, 1993

PACER
49

Letter to court from plaintiff Daniel Dilley re hrg date and time of mot for sum jgm (dkt clerk) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

PACER
50

Minutes: Enter Order by Judge Judith N. Keep denying in part the motion for summary judgment [31-1] granting in part the motion for summary judgment [31-1]; the court appoints Magistrate Judge Moskowitz as Special Master to conduct at conf w/the pla and defense counsel and submit to the court a plan for expanding library access a the Calipatria State Prison; counsel for the dft to submit proposed order; the court orders a transcript prepared Court Reporter: Renee Green (dkt clerk) (Entered: 03/29/1993)

March 29, 1993

March 29, 1993

PACER
52

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Further Status conf set for 3:30 4/15/93 (dkt clerk) (Entered: 04/02/1993)

March 29, 1993

March 29, 1993

PACER
51

Order by Judge Judith N. Keep the court finds that the access to the law library facilities at Calipatria State Prison are not constitutionally adequate, and therefor grants pla's mot for sum jgm on this issue; pla's mot for sum jgm on each of the remaining issues is denied; the court appoints Magistrate Judge Moskowitz as Special Master to recommend how the law library facilities at Calipatria State Prison may be expanded to meet constitutional standards (cc: all counsel) (dkt clerk) (Entered: 04/01/1993)

March 31, 1993

March 31, 1993

PACER

Transcript filed of pla's mot for sum jgm before Judge Judith N. Keep (dkt clerk)

April 1, 1993

April 1, 1993

PACER
53

Letter to court from State Attny General's office (dkt clerk) (Entered: 04/06/1993)

April 2, 1993

April 2, 1993

PACER
54

Order by Judge Judith N. Keep finding the motion to join ptys [42-1] denied as moot. (cc: all counsel) (dkt clerk) (Entered: 04/15/1993)

April 14, 1993

April 14, 1993

PACER
55

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Status conf held 3:30 4/15/93; Special Master hrg to be held at Calipatria State Prison on 5/3/93 (dkt clerk) (Entered: 04/16/1993)

April 15, 1993

April 15, 1993

PACER
56

Order by Judge Judith N. Keep withdrawing attorney Daniel Dilley for Daniel Dilley and substituting attorney Timothy B Taylor in connection w/the preparation of a plan to provide prisoners better access to the library at Calipatria State Prison t/w decl of svc (cc: all counsel) (dkt clerk) (Entered: 04/22/1993)

April 21, 1993

April 21, 1993

PACER
57

Demand for jury trial by defendant B Schelke, defendant Norma Wells, t/w decl of svc (dkt clerk) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

PACER
58

Amended Answer to 1st amd cmp by defendant B Schelke, defendant Norma Wells; and jury demand, t/w decl of svc (dkt clerk) (Entered: 04/26/1993)

April 26, 1993

April 26, 1993

PACER
59

Notice of Motion and Motion by defendants for summary judgment [ motion(s) referred to Judge Judith N. Keep ] 5/24/93, at 10:30 am (dkt clerk) (Entered: 04/26/1993)

April 26, 1993

April 26, 1993

PACER
60

Memorandum of points and authorities by defendant in support of motion for summary judgment [59-1] 5/24/93, at 10:30 am, t/w decl of svc and exh(s) (dkt clerk) (Entered: 04/26/1993)

April 26, 1993

April 26, 1993

PACER
62

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Hrg held; witnesses sworn; Status conf set for 4:00 5/13/93 ; Discovery set for 4:00 5/13/93, copy to Mr. Dilley (counsel notified by phone) Court Reporter: BTM93-1;O-E 2; O-E; 3;O-E (dkt clerk) (Entered: 05/07/1993)

May 3, 1993

May 3, 1993

PACER
61

Application by plaintiff Daniel Dilley for order to show cause, t/w decl of svc (dkt clerk) (Entered: 05/06/1993)

May 5, 1993

May 5, 1993

PACER
63

Order by Judge Judith N. Keep denying application [61-1], it is hereby ordered that pla's request for an order to show cause why dft should not provide pla w/assistance from a person trained in the law and more library access is denied (cc: all counsel) (dkt clerk) (Entered: 05/12/1993)

May 11, 1993

May 11, 1993

PACER
64

Opposition and reply by plaintiff Daniel Dilley to dfts motion for summary judgment [59-1], t/w decl of svc OK TO FILE PER ROBYN (dkt clerk) (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER
65

Letter to court from counsel Darrell Lepkowsky for defendants re declaration (dkt clerk) (Entered: 05/17/1993)

May 14, 1993

May 14, 1993

PACER
66

Reply by defendants to pla's opposition to motion for summary judgment [59-1], t/w decl of svc (dkt clerk) (Entered: 05/18/1993)

May 17, 1993

May 17, 1993

PACER
67

Minutes: Enter Order by Judge Judith N. Keep denying in part the motion for summary judgment [59-1] and granting in part the motion for summary judgment [59-1]; court orders counsel for the dft to submit proposed order; court orders preparation of a transcript for the pla Court Reporter: Renee Green (dkt clerk) (Entered: 05/27/1993)

May 24, 1993

May 24, 1993

PACER

Transcript filed of pla's mot for sum jgm before the Honorable Judith N. Keep on 5/24/93; transcribed by Ad Hoc Reporting (dkt clerk)

May 26, 1993

May 26, 1993

PACER

Transcript filed of court trial, Volume I, before Judge Keep, on 4/29/94, Peggy Schuerger, Ad Hoc Reporting. (sjh)

May 31, 1993

May 31, 1993

PACER
68

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Settlement conference held; further settlement conf to be held 10:00 7/20/93, or at the request of the ptys; all ptys or their representative who have authority to discuss, consider and/or into binding settlement, in addition to the attnys participating in the litigation, shall be present at the conf; this is a case where settlement is a possibility; therefore, a pty or representative of dft w/authority to discuss, consider, and/or enter into a binding settlement must be present on 7/20/93 (dkt clerk) (Entered: 06/04/1993)

June 2, 1993

June 2, 1993

PACER
69

Order by Judge Judith N. Keep dft Gunn's mot for sum jgm as to the clms under cnt 2 are denied; should additional evidence be adduced re those clms, dft Gunn may seek to renew his mot; the oral rulings of the court on 3/29/93 and 5/24/93, are incorporated by reference; a transcript of the oral proceedings shall be provided to pla by the court (cc: all counsel) (dkt clerk) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER

Transcript filed of pla's mot for sum jgm before the Honorable Judith N. Keep on 5/24/93, transcribed by Ad Hoc Reporting (dkt clerk)

June 7, 1993

June 7, 1993

PACER
70

Revised Order Regulating Pretrial Proceedings by Magistrate Barry T. Moskowitz Proposed Final Pretrial orders shall be prepared, served and lodged w/the Clerk on or before 8/31/93; Final Pretrial conf set 10:30 9/7/93 before the Honorable Judith N. Keep; pretrial conf set for 6/28/93 is vacated (cc: all counsel) (dkt clerk) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

PACER
71

Notice of appeal by plaintiff Daniel Dilley from Dist. Court decision Receipt No/Amt of Fee: ifp [69-1] (dkt clerk) (Entered: 06/11/1993)

June 11, 1993

June 11, 1993

PACER
72

Notice by defendants of filing a proposal of the California Department of Corrections and Bryan Gunn re the Inmate Law Library Facilities at Calipatria State Prison, t/w exh(s) and decl of svc (dkt clerk) (Entered: 06/15/1993)

June 14, 1993

June 14, 1993

PACER
73

Minutes: Enter Order by Magistrate Barry T. Moskowitz the date and time of the Settlement conference on 7/20/93 is vacated and reset for 2:00 8/11/93 due to unavailability of Dept of Corrections representative (dkt clerk) (Entered: 06/18/1993)

June 15, 1993

June 15, 1993

PACER

Record on Appeal sent to Circuit Court [71-1] (dkt clerk)

June 17, 1993

June 17, 1993

PACER
74

Objections by plaintiff Daniel Dilley to pre-trial order filed 6/7/93 [70-2], t/w prf svc (dkt clerk) (Entered: 06/30/1993)

June 30, 1993

June 30, 1993

PACER
75

Order by Judge Judith N. Keep, on 6/11/93, pla filed a ntc of appeal w/a request that the proceedings relating to cnt 2 be stayed pending appeal; this court denies pla's request for a stay of proceedings relating to cnt 2 (cc: all counsel) (dkt clerk) (Entered: 07/01/1993)

July 1, 1993

July 1, 1993

PACER
76

Response by plaintiff Daniel Dilley to dfts' proposal re Inmate Law Library Facilities at Calipatria State Prison, t/w decl of svc (dkt clerk) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

PACER
77

Notification by Circuit Court of Appellate Docket Number [71-1] 93-55902 (dkt clerk) (Entered: 07/08/1993)

July 7, 1993

July 7, 1993

PACER
78

Reply by defendant Calipatria St Prison, defendant Bryant S Gunn, defendant Butler, defendant B Schelke, defendant Norma Wells to pla's response to dfts' proposal re inmate law library facilities at Calipatria State Prison [76-1], t/w exh(s) and decl of svc (dkt clerk) (Entered: 08/03/1993)

Aug. 2, 1993

Aug. 2, 1993

PACER
79

Minutes: Enter Order by Magistrate Barry T. Moskowitz In court hrg held 8/9/93; court to issue report (dkt clerk) (Entered: 08/12/1993)

Aug. 9, 1993

Aug. 9, 1993

PACER
80

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Settlement conference held 2:00 8/11/93; further settlement conf to be held at the request of ptys (dkt clerk) (Entered: 08/12/1993)

Aug. 11, 1993

Aug. 11, 1993

PACER
81

Memorandum of Contentions of Fact and Law by defendants, t/w decl of svc (dkt clerk) (Entered: 08/24/1993)

Aug. 23, 1993

Aug. 23, 1993

PACER
82

Memorandum of Contentions of Fact and Law by plaintiff Daniel Dilley, t/w prf of svc (dkt clerk) (Entered: 08/30/1993)

Aug. 25, 1993

Aug. 25, 1993

PACER
83

Minutes: Enter Order by Judge Judith N. Keep ; Pretrial conf continued to 2:00 10/25/93 Court Reporter: Renee Green (dkt clerk) (Entered: 09/08/1993)

Sept. 7, 1993

Sept. 7, 1993

PACER
84

Report and Recommendation by Magistrate Barry T. Moskowitz t/w exhibits (cc: counsel) (dkt clerk) (Entered: 09/17/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
86

Order to show cause: that the ptys show case why the Report of Magistrate Moskowtiz should not be adopted, modified, or rejected by the district court Judge Judith N. Keep; it is further ordered that such objection to the report must be submitted to this court w/in ten days of the issuance of this order to show cause, after which time this court shall make its ruling (cc: all counsel) (dkt clerk) (Entered: 09/30/1993)

Sept. 22, 1993

Sept. 22, 1993

PACER
85

Objections by defendant Calipatria St Prison, defendant Bryant S Gunn, defendant - Butler, defendant B Schelke, defendant Norma Wells to report & recommendation [84-1], t/w exh and decl of svc (dkt clerk) (Entered: 09/27/1993)

Sept. 23, 1993

Sept. 23, 1993

PACER
87

Reply by volunteer attnys for plaintiff Daniel Dilley to dfts' objections to report and recommendation of US Magistrate Judge/Special Master [85-1], t/w decl of svc (dkt clerk) (Entered: 09/30/1993)

Sept. 27, 1993

Sept. 27, 1993

PACER
88

Order by Judge Judith N. Keep specifically requesting that Judge Moskowitz respond to the dft's objections that one, the proceedings at Calipatria State Prison on 5/3/93, should not be considered a "hrg" because counsel for the dft did not receive adequate ntc of the natue of the proceeding; and two, that Judge Moskowitz's findings should only apply to the library in Facility C of the prison rather than to all the libraries in the differenct facilitites prison (cc: all counsel) (dkt clerk) (Entered: 10/15/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
89

Minutes: Enter Order by Judge Judith N. Keep ; Pretrial conf held and continued to 2:00 1/18/94 Court Reporter: Renee Green (dkt clerk) (Entered: 10/26/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER

Mailed Original Clerk's record on appeal to USCA [71-1] in 3 vols and 2 trans. (dkt clerk)

Nov. 2, 1993

Nov. 2, 1993

PACER
90

Response of Special Master Magistrate Judge Barry Ted Moskowitz to objections of dfts, t/w exh(s) (dkt clerk) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

PACER

Transcript filed of pre-trial conf before the Honorable Judith N Keep on 10/25/93; Court Recorder Renee Green; transcription srvc Ad Hoc Reporting (dkt clerk)

Nov. 22, 1993

Nov. 22, 1993

PACER
91

Notice of Motion by defendant for jury trial [ motion(s) referred to Judge Judith N. Keep ] 1/18/94, at 2:00 pm, t/w decl of srvc (dkt clerk) (Entered: 11/26/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
92

Notice by defendants of change of address of the San Diego Office of the Attny General of California; 110 West A Street, Suite 1100, San Diego, CA 92101; P O Box 85266, San Diego, CA 92186-5266; telephone 645-2296, t/w decl of srvc (dkt clerk) (Entered: 12/08/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER
93

Memo in Opposition by plaintiff Daniel Dilley to dfts motion for jury trial [91-1], t/w prf of srvc (dkt clerk) (Entered: 12/08/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 28, 1992

Closing Date: Dec. 15, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate alleging violation of his right of access to courts by failing to provide reasonable access to prison's law library

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Calipatria State Prison (Calipatra), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - 1995

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Affected Sex or Gender:

Male

Type of Facility:

Government-run