Sprinkle v. Robinson, et al
| Mark Wayne Sprinkle |
| Leon Robinson and John Pierce |
| 2:2002cv01563 |
| October 6, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Edmund F. Brennan |
| Lawrence K. Karlton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
265
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/31/2019 DENYING 262 Motion to Appoint Counsel. (Henshaw, R)
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Filing
260
ORDER signed by District Judge John A. Mendez on 5/20/2019 ADOPTING 257 findings and recommendations in full. Defendants' 244 Motion for Summary Judgment is DENIED. (Zignago, K.)
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Filing
257
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/28/2019 RECOMMENDING 244 Motion for Summary Judgment be denied. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
255
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/2019 DENYING 220 Motion to Appoint Counsel and GRANTING Plaintiff 14 days form the date of this order to inform the court whether he wishes to file an amended opposition to 244 Motion for Summary Judgment. (Henshaw, R)
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Filing
249
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2018 ORDERING Plaintiff's 248 motion for an extension of time to file his opposition brief in re: 244 Defendants motion for summary judgment is GRANTED IN PART AND DENIED IN PART. Plaintiff shall file the opposition brief on or before 11/19/2018. (Cannarozzi, N) Modified on 10/17/2018 (Cannarozzi, N).
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Filing
246
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/1/2018 GRANTING 245 Ex Parte Application. Defendants to file the declaration of A. Neihauson on or before 10/1/2018. (Henshaw, R)
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Filing
242
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/27/2018 GRANTING 241 Ex Parte Application for Extension of Time. Defendants to file any dispositive motion concerning Plaintiff's entitlement to damages on or before 9/28/2018. (Henshaw, R)
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Filing
234
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge John A. Mendez on 5/8/2018 ORDERING the Custodian to produce Thomas Hightower at 9:00 a.m. on 5/9/2018 in Courtroom 6 before the Honorable District Judge John A. Mendez. 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: OTCD) (Henshaw, R)
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Filing
229
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge John A. Mendez on 5/7/2018 ORDERING the Custodian to produce Mark Wayne Sprinkle at 1:00 PM on 5/8/2018 in Courtroom 6 before District Judge John A. Mendez. 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: OTCD) (Zignago, K.)
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Filing
207
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/17/2018 AMENDING 206 Order. On or before 4/23/2018, defense counsel shall file a declaration informing the court of whether the legal property pertaining to this case has been returned to Plaintiff, or, if it has not, when it will be returned to him. The court will closely scrutinize any denial of access to such property this close to trial. (Henshaw, R)
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Filing
202
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 03/20/18 ORDERING the Custodian to produce Thomas Hightower on 5/07/18 at 8:30 a.m. in courtroom 6 before District Judge John A. Mendez. The 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: OTCD) (Plummer, M)
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Filing
197
ORDER vacating Settlement Conference. ORDER vacating Writ of Ad Testificandum re 193 , 194 , 196 signed by Magistrate Judge Jennifer L. Thurston on 2/27/2017. (Lundstrom, T)
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Filing
194
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/29/18 ORDERING the Custodian to produce Mark Wayne Sprinkle on 03/01/18 at 9:30 a.m. at the U.S. District Court 510 19th street, Bakersfield, CA 93301. 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. (cc: JLT) (Plummer, M) Modified on 1/30/2018 (Plummer, M).
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Filing
190
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/2017 DENYING 188 Motion for Reconsideration of Motion for Appointment of Counsel. (Henshaw, R)
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Filing
177
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2017 DENYING 176 Request for Appointment of Counsel. (Henshaw, R)
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Filing
174
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/17/2017 GRANTING the 173 motion to withdraw as counsel and M. Greg Mullanax is DISCHARGED from further representation of plaintiff in this matter. The 8/11/2017 order 172 is VACATED, a nd the parties shall file separate pretrial statements in accordance with LR 281. Within 30 days, plaintiff shall file and serve his pretrial statement and any motions necessary to obtain trial witnesses. Defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's pretrial statement. Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the district judge will be set in the pretrial order. (Yin, K)
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Filing
172
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/10/2017 ORDERING, within 28 days, the parties shall submit a joint pretrial statement in accordance with the requirements of LR 281 and this order. Pretrial conference (as described in LR 282) will be conducted on the file only, without appearance by either party. The date for jury trial before the district judge will be set in the pretrial order.(Yin, K)
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Filing
171
ORDER signed by District Judge John A. Mendez on 6/28/2017 ADOPTING IN FULL 166 Findings and Recommendations; ALLOWING the plaintiff to proceed to a jury trial on his claim for any losses that are unrelated to alleged wrongful incarceration, to see k an award of nominal damages if he cannot establish that he suffered and compensatory damages, and to attempt to prove entitlement to punitive damages; DISALLOWING any damages claimed for wrongful incarceration; REFERRING this matter back to the magistrate judge to direct the filing of pretrial statements and preparation of a pretrial order. (Michel, G.)
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Filing
166
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/22/17 ORDERING the findings and recommendations issued on 08/06/14 contained in 154 are hereby VACATED. Also, RECOMMENDING that plaintiff be allowed to proc eed to a jury trial on his claim for any losses that are unrelated to alleged wrongful incarceration; for example, compensation for time spent preparing the petition and the costs of filing it. Philips, 477 F.3d at 1082 (Awarding the costs of the und erlying suit recognizes that [plaintiff] incurred those costs in the expectation that he would be able to exercise those rights and press his legal contentions to the full extent permitted by law, and even if he was ultimately unsuccessful.); McCullo ugh, 2007 U.S. Dist. LEXIS 84072, at *13-14 (measuring damages by hours worked by the plaintiff to prepare the underlying petition). He may also seek an award of nominal damages if he cannot establish that he suffered any compensatory damages.Further , he can attempt to prove entitlement to punitive damages. However, for the reasons set forth above, it is FURTHER RECOMMENDED that the court disallow any damages claimed for wrongful incarceration. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 3/22/2017 (Plummer, M).
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Filing
160
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/15. Pursuant to the order of the district judge dated November 10, 2014 157 , the parties are directed to file briefs within 30 days of the date of this order addressing whether plaintiff may recover money damages premised on a finding that his state habeas petition would have been granted absent defendants unconstitutional conduct or whether such damages are barred by Heck v. Humphrey, 512 U.S. 477 (1994). The parties should include in their briefs a discussion of whether a habeas corpus remedy remains available to plaintiff and the consequences if it does not.(Dillon, M)
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Filing
159
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/2015 APPOINTING attorney M. Greg Mullanax to represent Mark Wayne Sprinkle for the limited purpose of briefing the Heck issue as delineated in the district court judge's order dated 11/7/2014 at ECF No. 157 ; Mr. Mullanax's appointment will continue through the resolution of that issue, or until further order of the court; appointed counsel shall notify Sujean Park with any questions related to the appointment; and the Clerk shall serve a copy of this order upon M. Greg Mullanax. (cc: ADR)(Yin, K)
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Filing
157
ORDER signed by Judge John A. Mendez on 11/7/2014. The 8/6/2014 154 FINDINGS and RECOMMENDATIONS are NOT ADOPTED at this time. This matter is REFERRED back to Magistrate Judge Edmund F. Brennan for further proceedings. (Marciel, M)
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Filing
154
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/6/14 ORDERING that Plaintiffs motion for appointment of counsel 150 is granted. This case is referred to Sujean Park, the courts ADR & Pro Bono Coordinator to attempt to locate pro bono counsel to represent plaintiff in these proceedings. If an attorney can be found to represent plaintiff, that attorney shall be appointed as counsel for plaintiff in this matter until further order of the Court. All proceedings in this action are STAYED until four (4) weeks from the date an attorney is appointed to represent plaintiff in this action or until the Court otherwise lifts the stay. It is further RECOMMENDED that the court conduct a jury trial to determine the amount of damages due to plaintiff. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (cc ADRP)(Dillon, M)
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Filing
147
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/28/13 ORDERING that within 21 days of the date of this order, the parties shall either submit a copy of that petition to the court or stipulate that, with the exception of a single page entitled Answer to Superior Courts Denial Without Valid Opinion, the petition filed in the California Court of Appeal is identical to the superior court petition that underlies this action. (Dillon, M)
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Filing
122
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/06/09 ordering the parties are hereby ordered to brief the issues contained in the district judge's 09/29/09 order. Within 30 days from the date of service of this order, plaintiff shall file his opening brief on these questions. Within 2 weeks of th service and filing of plaintiff's brief, defendants shall file their response brief. Plaintiff's reply, if any, shall be filed within 2 weeks of service of defendant's response brief. (Plummer, M)
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Filing
117
ORDER AND WRIT ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/26/09 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian to produce Mark Wayne Sprinkle K-24619, to appear by video-conferencing at Mule Creek State Prison, 9 /28/09, at 11:15 a.m., before Judge Lawrence K. Karlton; Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian w/ a copy of this writ. Clerk to serve a copy of this order and writ on Warden Michael Martel. (Yin, K)
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Filing
114
ORDER signed by Senior Judge Lawrence K. Karlton on 8/13/09 ORDERING that defendants' 105 Motion for Reconsideration is DENIED. (Becknal, R)
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Filing
113
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/16/09 ordering plaintiff has 30 days from the date this order is served to file and serve a response to the 06/15/09 pretrial order or to defendant's objections thereto, and to comply with the witness requirements set forth in the 02/12/08 order. ( Trial Confirmation Hearing continued to 9/28/2009 at 11:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.) Not later than 30 days preceding the trial confirmation hearing, the court will issue a writ to provide plaintiff's attendance by videoconference. (Plummer, M)
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