Wheeler v. Alison et al
Plaintiff: Eric Wheeler
Defendant: Kathleen Alison, D. Duck, A. Murrieta, Roger Lowder, Steve Loftis, Michael A. Ross, Byron Mui, Agnes Wu, Mercy Hospital and Jeffrey Neubarth
Case Number: 1:2012cv00861
Filed: May 25, 2012
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Gerald B. Cohn
Presiding Judge: Lawrence J. O'Neill
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 10, 2017 Opinion or Order Filing 369 JUDGMENT dated *3/10/2017* in favor of Defendant against Plaintiff according to the jury verdict returned in open court on 3/10/2017, CASE CLOSED, Civil Case Terminated. (Gaumnitz, R)
March 7, 2017 Opinion or Order Filing 354 ORDER Requiring Production of Plaintiff for Trial on March 8, 2017, at 8:30 A.M. signed by District Judge Dale A. Drozd on 3/7/2017. (Jessen, A)
February 17, 2017 Opinion or Order Filing 339 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Eric Wheeler, CDCR# E-82064 for Trial on March 7, 2017 at 11:00 a.m. signed by District Judge Dale A. Drozd on 2/17/2017. (Sant Agata, S)
February 10, 2017 Opinion or Order Filing 337 ORDER denying 331 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 2/9/2017. (Lundstrom, T)
December 23, 2016 Opinion or Order Filing 330 ORDER granting 329 Stipulation to a limited reopening of Discovery signed by District Judge Dale A. Drozd on 12/22/2016. (Lundstrom, T)
December 20, 2016 Opinion or Order Filing 328 ORDER GRANTING Parties' 327 Stipulation to a Limited Reopening of Discovery and for Leave to File Motions for Summary Judgment signed by District Judge Dale A. Drozd on 12/20/2016. (Sant Agata, S)
August 17, 2016 Opinion or Order Filing 314 ORDER REGARDING DEFENDANT'S MOTIONS IN LIMINE 280 , 304 ; VACATING TRIAL DATE AND REOPENING DISCOVERY ON THE LIMITED ISSUE OF WHETHER DEFENDANT ACTED UNDER COLOR OF LAW 309 AND DENYING AS MOOT STIPULATION TO EXTEND TIME TO FILE PRETRIAL MATERIALS 313 signed by District Judge Dale A. Drozd on 8/16/2016. (Lundstrom, T)
June 29, 2016 Opinion or Order Filing 302 ORDER & WRIT of Habeas Corpus Ad Testificandum to Transport Eric Wheeler, CDCR #E-82064, Plaintiff, on August 23, 2016, at 8:00 a.m., signed by Magistrate Judge Dennis L. Beck on 6/28/16. (Verduzco, M)
May 2, 2016 Opinion or Order Filing 294 STIPULATION and ORDER to Continue Trial signed by District Judge Dale A. Drozd on 5/1/2016. Jury Trial set for 8/23/2016 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Telephonic Trial Confirmation Hearing set for 6/27/2016 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Sant Agata, S)
March 28, 2016 Opinion or Order Filing 290 ORDER re Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment signed by District Judge Dale A. Drozd on 3/28/2016. (Jessen, A)
March 25, 2016 Opinion or Order Filing 288 ORDER VACATING Writ of Habeas Corpus Ad Testificandum to Transport Eric Wheeler, CDCR# E-82064 signed by District Judge Dale A. Drozd on 3/25/2016. (Jessen, A)
March 11, 2016 Opinion or Order Filing 285 ORDER Returning Documents Lodged With the Clerk of the Court signed by District Judge Dale A. Drozd on 3/10/2016. (Jessen, A)
February 23, 2016 Opinion or Order Filing 272 ORDER Appointing Counsel signed by Magistrate Judge Dennis L. Beck on 2/23/2016. Attorneys Mordecai D Boone and Daniel Henry Solomon appointed for plaintiff Eric Wheeler. (Lundstrom, T)
February 11, 2016 Opinion or Order Filing 268 ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Plaintiff, Eric Wheeler for Trial on March 29, 2016 signed by District Judge Dale A. Drozd on 2/10/2016. (Lundstrom, T)
October 27, 2015 Opinion or Order Filing 241 ORDER modifying and adopting 231 FINDINGS AND RECOMMENDATIONS and granting 207 Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 10/26/2015. Judgment to be entered in favor of Defendants Kathleen Alison, M. Ancheta, D. Duck, Steve Loftis, Roger Lowder, A. Murrieta, Jeffrey Neubarth and Michael A. Ross. (Lundstrom, T)
August 31, 2015 Opinion or Order Filing 238 ORDER ADOPTING 230 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 179 Defendant Mui's Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 8/31/2015. (Jessen, A)
August 4, 2015 Opinion or Order Filing 231 FINDINGS and RECOMMENDATIONS Recommending that 207 Summary Judgment be Granted as to Defendants Allison, Murrieta, Duck, Loftis, Lowder, Neubarth and Ancheta, and Denied as to Defendant Ross signed by Magistrate Judge Dennis L. Beck on 8/3/2015. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 9/8/2015. (Sant Agata, S)
July 17, 2015 Opinion or Order Filing 230 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis L. Beck on 7/17/2015 recommending that 179 MOTION for SUMMARY JUDGMENT filed by Byron Mui be denied. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 8/20/2015. (Lundstrom, T)
February 23, 2015 Opinion or Order Filing 224 ORDER disregarding 223 Reply by Plaintiff to Defendants' Response to Order to Show Cause signed by Magistrate Judge Dennis L. Beck on 2/22/2013. (Lundstrom, T)
February 11, 2015 Opinion or Order Filing 222 ORDER DENYING 200 Plaintiff's Motion to Order Production of Video signed by Magistrate Judge Dennis L. Beck on 2/11/2015. (Jessen, A)
January 27, 2015 Opinion or Order Filing 213 ORDER Regarding Defendants' Motion for In Camera Review signed by Magistrate Judge Dennis L. Beck on 1/27/2015. (Jessen, A)
January 21, 2015 Opinion or Order Filing 212 ORDER Regarding Plaintiff's 203 Request for Relief; ORDER to SHOW CAUSE Why Sanctions should not be Imposed on Defendants for Failure to Comply with Discovery Order signed by Magistrate Judge Dennis L. Beck on 1/21/2015. (Sant Agata, S)
January 8, 2015 Opinion or Order Filing 199 ORDER DENYING 176 Plaintiff's Motion to Compel AS MOOT signed by Magistrate Judge Dennis L. Beck on 1/7/2015. (Jessen, A)
December 18, 2014 Opinion or Order Filing 188 ORDER signed by Magistrate Judge Dennis L. Beck on 12/18/2014 granting 187 request to file records under seal. (Lundstrom, T)
December 15, 2014 Opinion or Order Filing 183 ORDER GRANTING IN PART AND DENYING IN PART 161 Plaintiff's Motion to Compel signed by Magistrate Judge Dennis L. Beck on 12/13/2014. Responses due within thirty (30) days. (Jessen, A)
November 7, 2014 Opinion or Order Filing 169 ORDER Regarding Plaintiff's Motion For Issuance Of Legal Property (Document 166 ), ORDER Requiring Defendants To Address Status Of Plaintiff's Property Within Twenty-One Days, signed by Magistrate Judge Dennis L. Beck on 11/6/2014. (Fahrney, E)
October 15, 2014 Opinion or Order Filing 160 ORDER Regarding Plaintiff's Motion for Permission to File Motions to Compel 159 , signed by Magistrate Judge Dennis L. Beck on 10/15/14. (Verduzco, M)
September 19, 2014 Opinion or Order Filing 158 ORDER setting discovery and dispositive motion deadlines signed by Magistrate Judge Dennis L. Beck on 9/19/2014. (Discovery due by 11/19/2014. Dispositive Motions filed by 1/19/2015). (Lundstrom, T)
September 15, 2014 Opinion or Order Filing 157 ORDER adopting 149 FINDINGS AND RECOMMENDATIONS and denying 142 Motion for Injunctive Relief signed by District Judge Lawrence J. O'Neill on 9/13/2014. (Lundstrom, T)
August 25, 2014 Opinion or Order Filing 156 ORDER REGARDING Plaintiff's 155 Request for Court Order signed by Magistrate Judge Dennis L. Beck on 8/25/2014. (Sant Agata, S)
July 28, 2014 Opinion or Order Filing 153 ORDER Granting Plaintiff's 152 Request and Directing Clerk of Court to Send Plaintiff a Copy of the Docket in this Action signed by Magistrate Judge Dennis L. Beck on 07/28/2014. (Flores, E)
July 21, 2014 Opinion or Order Filing 149 FINDINGS And RECOMMENDATIONS Regarding Plaintiff's Motion For Injunctive Relief (Document 142 ), Thirty-Day Objection Deadline, signed by Magistrate Judge Dennis L. Beck on 7/18/2014. F&R's referred to Judge Lawrence J. O'Neill;Objections to F&R due by 8/25/2014.(Fahrney, E)
July 18, 2014 Opinion or Order Filing 147 ORDER DENYING Defendant Mui's 145 146 Motion to Compel without Prejudice; ORDER IMPOSING Meet and Confer Requirement on Parties; ORDER VACATING Dates in Discovery and Scheduling Order signed by Magistrate Judge Dennis L. Beck on 7/18/2014. (Sant Agata, S)
July 8, 2014 Opinion or Order Filing 137 ORDER Adopting Findings and Recommendations 104 and Denying Plaintiff's Motion to Stay Transfer 102 , signed by District Judge Lawrence J. O'Neill on 7/8/14. (Verduzco, M)
July 3, 2014 Opinion or Order Filing 134 ORDER Denying Motion For Appointment of Counsel (Document# 130 ), signed by Magistrate Judge Dennis L. Beck on 7/2/2014. (Fahrney, E)
June 27, 2014 Opinion or Order Filing 129 ORDER DENYING Plaintiff's 105 Motion to Compel further Responses from Defendant Ross signed by Magistrate Judge Dennis L. Beck on 6/27/2014. (Sant Agata, S)
June 20, 2014 Opinion or Order Filing 123 ORDER GRANTING Defendants' 120 Request to File Records Under Seal signed by Magistrate Judge Dennis L. Beck on 6/20/2014. (Sant Agata, S)
June 19, 2014 Opinion or Order Filing 121 ORDER Adopting 101 FINDINGS AND RECOMMENDATIONS and DENYING Defendant Mui's 75 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/18/2014. (Sant Agata, S)
June 18, 2014 Opinion or Order Filing 117 ORDER DENYING Plaintiff's 98 Motion to Compel Physical Production of Video Interview signed by Magistrate Judge Dennis L. Beck on 6/18/2014. (Sant Agata, S)
June 17, 2014 Opinion or Order Filing 116 ORDER DENYING Plaintiff's 106 Motion for Court Assistance as Duplicative signed by Magistrate Judge Dennis L. Beck on 6/17/2014. (Sant Agata, S)
May 23, 2014 Opinion or Order Filing 104 FINDINGS and RECOMMENDATIONS recommending that 102 Plaintiff's Request to Stay His Transfer be DENIED signed by Magistrate Judge Dennis L. Beck on 5/22/2014. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)
May 20, 2014 Opinion or Order Filing 101 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis L. Beck on 5/19/2014 recommending that 75 MOTION to DISMISS be denied. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 6/13/2014. (Lundstrom, T)
May 12, 2014 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Dennis L. Beck on 5/12/14 granting 95 MOTION for 30-DAY EXTENSION OF TIME to on Discovery Schedule Order filed by Eric Wheeler. ( Discovery due by 7/16/2014, Dispositive Motions filed by 9/15/2014). (Lundstrom, T)
May 8, 2014 Opinion or Order Filing 96 ORDER Requiring Defendants to Address Status of Plaintiff's Property Access Within Twenty-One (21) Days signed by Magistrate Judge Dennis L. Beck on 5/8/2014. (Jessen, A)
March 26, 2014 Opinion or Order Filing 83 ORDER DISCHARGING 63 Order to Show Cause and DENYING 53 Request for Reimbursement signed by Magistrate Judge Dennis L. Beck on 3/26/2014. (Jessen, A)
March 20, 2014 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Dennis L. Beck on 3/20/2014 denying 73 Motion directing Litigation Coordinator to provide assistance and denying 74 , 77 Motions to Compel. (Lundstrom, T)
March 5, 2014 Opinion or Order Filing 71 ORDER Denying Plaintiff's Motion To Disqualify Defendants' Counsel (Document 58 ), signed by Magistrate Judge Dennis L. Beck on 3/5/2014. (Fahrney, E)
February 26, 2014 Opinion or Order Filing 68 ORDER EXTENDING Application of 45 Discovery and Scheduling Order to Defendants Ancheta and Ross signed by Magistrate Judge Dennis L. Beck on 2/25/2014. (Jessen, A)
February 24, 2014 Opinion or Order Filing 67 ORDER DENYING 58 Plaintiff's Motion to Disqualify Defendants' Counsel signed by Magistrate Judge Dennis L. Beck on 2/24/2014. (Jessen, A)
February 21, 2014 Opinion or Order Filing 65 ORDER Providing Defendant Ancheta With the Opportunity to Show Good Cause for Failing to Waive Service signed by Magistrate Judge Dennis L. Beck on 2/21/2014. 30-day deadline. (Jessen, A)
February 19, 2014 Opinion or Order Filing 63 ORDER Providing Defendant Ross With the Opportunity to SHOW GOOD CAUSE for Failing to Waive Service, signed by Magistrate Judge Dennis L. Beck on 2/19/14: Thirty-Day Deadline. (Hellings, J)
January 27, 2014 Opinion or Order Filing 47 ORDER Denying Motion For Appointment Of Counsel (Document# 46 ), signed by Magistrate Judge Dennis L. Beck on 1/27/2014. (Fahrney, E)
January 3, 2014 Opinion or Order Filing 40 ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS and ORDER GRANTING 29 Defendants' Motion to Dismiss Plaintiff's Claim for Damages Against Defendants in their Official Capacity signed by District Judge Lawrence J. O'Neill on 1/2/2014. Defendants are ORDERED to file a responsive pleading within thirty (30) days. (Jessen, A)
November 21, 2013 Opinion or Order Filing 37 FINDINGS and RECOMMENDATIONS recommending that 29 Defendants' Motion to Dismiss for Failure to State a Claim be GRANTED as to Plaintiff's Claim for Damages Against Defendants in their Official Capacity re 1 Prisoner Civil Rights Complaint, signed by Magistrate Judge Dennis L. Beck on 11/21/2013. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)
August 13, 2013 Opinion or Order Filing 28 ORDER DENYING Plaintiff's 27 Motion for Miscellanious Relief signed by Magistrate Judge Dennis L. Beck on 8/12/2013. (Sant Agata, S)
April 8, 2013 Opinion or Order Filing 19 ORDER ADOPTING IN PART AND MODIFYING IN PART 14 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 4/5/2013. (Jessen, A)
March 11, 2013 Opinion or Order Filing 14 FINDINGS and RECOMMENDATIONS recommending that Certain Claims be Found Cognizable and Dismissing Remaining Claims re 1 Prisoner Civil Rights Complaint, signed by Magistrate Judge Dennis L. Beck on 3/11/2013. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)
December 17, 2012 Opinion or Order Filing 10 ORDER DENYING Plaintiff's 9 Motion for Issuance of Summons signed by Magistrate Judge Gerald B. Cohn on 12/17/2012. (Sant Agata, S)
May 30, 2012 Opinion or Order Filing 5 ORDER denying 3 Motion to Appoint Counsel signed by Magistrate Judge Gerald B. Cohn on 5/30/2012. (Lundstrom, T)
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Search for this case: Wheeler v. Alison et al
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Plaintiff: Eric Wheeler
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Defendant: Kathleen Alison
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Defendant: D. Duck
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Defendant: A. Murrieta
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Defendant: Roger Lowder
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Defendant: Steve Loftis
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Defendant: Michael A. Ross
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Defendant: Byron Mui
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Defendant: Agnes Wu
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Defendant: Mercy Hospital
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Defendant: Jeffrey Neubarth
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