Heilman v. Vokufka et al
| Thomas John Heilman |
| Vokufka, J Foster and California Department of Corrections |
| 2:2008cv02788 |
| November 20, 2008 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Solano |
| Edmund F. Brennan |
| None |
| Federal Question |
| 42:1983 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
183
ORDER signed by District Judge Kimberly J. Mueller on 4/12/2016 FINDINGS AND RECOMMENDATIONS 182 are ADOPTED in FULL; and Plaintiff's 177 Motion filed on 9/28/2015 is DENIED. (Reader, L)
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Filing
182
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/24/2016 RECOMMENDING that plaintiff's 177 motion be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days.(Yin, K)
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Filing
179
ORDER signed by District Judge Kimberly J. Mueller on 1/13/2016 FINDINGS AND RECOMMENDATIONS 178 are ADOPTED in FULL; The determination of plaintiff's 177 motion to compel defendants to reimburse certain funds into his trust account is stayed until the Supreme Court issues its decision in Bruce v. Samuels, Case No. 14-844; and defendants are directed to file a status report within 7 days of the issuance of the Bruce opinion. 175 (Reader, L)
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Filing
178
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/23/15 recommending that the determination of plaintiff's motion to compel defendants to reimburse certain funds into his trust account be stayed until the Supreme Co urt issues its decision in Bruce v. Samuels. The undersigned further recommends that defendants be directed to file a status report within 7 days of the issuance of the Bruce opinion. Motion 177 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
172
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/2015 GRANTING attorney Donald Lancaster's 171 motion to withdraw as counsel; and the 6/3/2015 motion hearing is VACATED. (Yin, K)
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Filing
159
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/16/14 ORDERING that this action is DISMISSED with prejudice. CASE CLOSED. (Dillon, M)
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Filing
149
ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/14 ordering the unopposed request 148 will be granted but no further extensions of time will be granted for this purpose. The parties are directed to advise the court within 30 days of the date of this order when a dismissal will be filed in keeping with the settlement agreement that was placed on the record in this action. (Plummer, M)
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Filing
146
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 01/14/14 ordering the custodian to produce Thomas Heilman via telephonic conferencing at 1/21/14 at 11:00 a.m. in courtroom 27 before Magistra te Judge Dale A. Drozd. 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: I.T. Dept, Sacramento and DAD)(3 certified copies sent to the Warden at California Men's Colony. Courtesy copy sent by fax to the litigation coordinator of California Men's Colony at 805-547-7791)(Plummer, M) Modified on 1/15/2014 (Plummer, M).
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Filing
145
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 12/12/13 ordering the custodian to produce Thomas Heilman via videoconferencing at 01/21/14 at 11:00 a.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. 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: I.T. Dept-Sacramento)(3 certified copies of this writ sent to the Warden, California Men's Colony)(Plummer, M)
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Filing
133
ORDER signed by District Judge Kimberly J. Mueller on 8/14/2013 ORDERING plaintiff's attorney's request for authority to incur costs (July 2013 travel expenses) by appointed pro bono counsel Donald Lancaster Jr. is GRANTED. (Crouch, J)
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Filing
123
ORDER signed by Judge Kimberly J. Mueller on 6/20/13 DENYING 120 Motion for Access to the Law Library and for Writing Materials. Within 7 days of the date of this order, counsel for respondent is DIRECTED to report to the court on plaintiff's access to the legal materials relevant to his action and any restrictions on mailing documents to appointed counsel Lancaster. (Meuleman, A)
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Filing
122
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 06/19/13 ordering the custodian to produce Thomas John Heilman to appear by telephone on 06/28/13 at 10:00 a.m. in courtroom 3 before District Ju dge Kimberly J. Mueller. 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: I.T. Dept-Sacramento)(3 certified copies served on the Warden, R.J. Donovan Correctional Facility. Courtesy copy sent by fax to litigation coordiantor at R.J. Donovan Correctional Facility at (619)671-7566)(Plummer, M) Modified on 6/19/2013 (Plummer, M).
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Filing
118
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/17/13 ORDERING the Custodian to produce Thomas John Heilman via telephonic conferencing at 2:30 pm on May 30, 2013 in before Judge Kimberly J. Mueller. 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. The clerk of court is directed to send a courtesy copy of this order and writ by fax to the Litigation Coordinator at R.J. Donovan Correctional Facility at (619) 671-7566. (cc: IT Dept)(Dillon, M)
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Filing
116
ORDER signed by Judge Kimberly J. Mueller on 5/15/13 ORDERING that the Warden, Litigation Coordinator and other correctional staff shall facilitate a confidential telephone call between Thomas Heilman and his attornye Mr. Lancaster on 5/16/13 at 9:00 a.m. (copy faxed to Warden and Litigation Coordinator at R.J. Donovan at 619-671-7566) (Manzer, C)
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Filing
115
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 05/07/13 ordering the custodian to produce Thomas John Heilman at 05/16/13 at 2:30 pm. to appear telephonically befor District Judge Kimberly J. M ueller. 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: I.T. Sacramento)(3 certified copies sent to the Warden at R.J. Donovan Correctional Facility, courtesy copy faxed to Litigation Coordinator at R.J. Donovan at 619-671-7566)(Plummer, M) Modified on 5/8/2013 (Plummer, M). Modified on 5/8/2013 (Plummer, M).
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Filing
110
ORDER signed by Judge Kimberly J. Mueller on 3/27/2013. Attorney Donald Aquinas Lancaster, Jr. is APPOINTED for plaintiff Thomas John Heilman. Mr. Lancaster shall notify Sujean Park if he has any questions regarding appointment. Clerk directed to serve a copy of Order on Donald Lancaster. (cc: S. Park) (Marciel, M)
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Filing
105
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/09/12 ordering the order to show cause 103 is discharged, and defendant shall file a pretrial statement on or before 11/26/12. (Plummer, M)
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Filing
103
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/17/12 ORDERING that Defendant shall, within 21 days of the date this order is filed, show cause in writing why sanctions should not be imposed for failure to comply with the courts July 10, 2012 order. Defendant shall also, within 21 days of the date this order is filed, file a pretrial statement as required by the courts July 10, 2012 order.(Dillon, M)
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Filing
100
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/03/12 denying 97 Motion to compel and granting 99 Motion for Extension of time. Plaintiff shall have a one time extension of 30 days from the date of this order to file and serve a pretrial statement. (Plummer, M)
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Filing
96
ORDER DIRECTING the FILING of PRETRIAL STATEMENTS signed by Magistrate Judge Edmund F. Brennan on 7/10/2012 ORDERING that within 30 days, plaintiff shall file and serve a pretrial statement and any motions to obtain trial witnesses; defendant shall f ile a pretrial statement not later than 30 days after the filing of plaintiff's statement; the pretrial conference will be conducted on the file only, without appearance by either party; and the date for jury trial before the assigned district judge will be set in the pretrial order.(Yin, K)
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Filing
95
ORDER denying 92 Motion for the return of his property signed by Magistrate Judge Edmund F. Brennan on 04/06/12. (Plummer, M)
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Filing
94
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/2012 ORDERING the parties to, no later than 21 days, submit confidential statements regarding case selection for prisoner settlement program. (cc: ADR)(Yin, K)
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Filing
93
ORDER ADOPTING 88 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 3/21/12 ORDERING that the 79 Motion to Strike the 77 Motion for Summary Judgment is GRANTED; pltf's renewed 81 Request is DENIED. (Manzer, C)
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Filing
88
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/19/11 ORDERING that plaintiff's 03/29/11 motions to compel 80 and 81 are denied. Also, RECOMMENDING that defendant's 03/29/11 motion to strike [7 9] be granted, and plaintiff's 03/08/11 motion for summary judgment/judgment on the pleadings 77 be stricken. Plaintiff's renewed request that the court determine that defendant and defense counsel have acted in bad faith 81 be denied. Motions 77 , 79 , 81 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
86
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/06/11 ordering the court informs plaintiff that this case remains open. Currently pending are findings and recommendations issued by the undersigned on 02/17/11 as well as numerous motions filed by the parties. Plaintiff's motion for summary judgment 77 ; Defendant's motion to strike plaintiff's motion for summary judgment 79 and plaintiff's motions to compel 80 and 81 . (Plummer, M)
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Filing
85
ORDER signed by Judge Kimberly J. Mueller on 9/1/11 ADOPTING 74 Findings and Recommendations in Full. Defendant's 39 Motion for Summary Judgment is DENIED. Plaintiff's 49 Motion for a determination that defendant's declaration was submitted in bad faith is DENIED. Plaintiff's Motion for Reconsideration is DENIED. (Donati, J)(Donati, J)
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Filing
74
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/17/2011 ORDERING that pltf's 46 motion for an order prohibiting dft from using his mental health info and for sanctions is DENIED; dft's 57 motion for a protective order is GRANTED, (A) w/ respect to any of pltf's medical records that are in the dft's possession, dft must limit access to such records to defense counsel and himself, (B) w/ respect to the pgs of psychiatric records file d as Dkt #40, Exh E and Dkt #46, Exh 2, the clerk is to file those exhibits under SEAL; pltf's 65 motion to compel is GRANTED w/ respect to Interrogatories Nos. 2, 3, 5, 13, 14, 24, and 32 and is otherwise DENIED, w/in 21 days, dft to provide further responses to the Interrogatories; pltf's 64 motion to compel is DENIED; pltf's 67 motion to compel is GRANTED in part, as stated in this order, and otherwise DENIED; pltf's 49 request, is construed as a motion to modify t he schedule, and is DENIED w/out prejudice; and RECOMMEDING that dft's 39 motion for summary judgment be denied; and pltf's 49 motion for a determination that dft's declaration was submitted in bad faith be denied. Referred to Judge Kimberly J. Mueller; Objections due w/in 14 days. (see order for further detail)(Yin, K)
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Filing
68
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2010 ORDERING that within 14 days of the date of this order, defendant shall file either oppositions to the motions appearing at Docket Nos. 64 , 65 , and 67 or statements of no opposition. Failure to comply with this order may be deemed a waiver of any opposition to the granting of the motions and may further result in the imposition of sanctions.(Duong, D)
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Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/10 ORDERING that within 20 days of the date of this order, defendant shall file either oppositions to the motions appearing at Docket Nos. 46 and 49 or statements of no opposition. (Dillon, M)
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Filing
53
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/10 ORDERING that the Clerk is directed to issue and forward the attached subpoena to the United States Marshal, who is directed to serve such subpoena without prepayment of costs.(Dillon, M)
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Filing
51
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/02/10 ordering plaintiff's 08/18/10 motion for extension of time 47 is granted and plaintiff shall have until 10/25/10 to file an opposition to defendant's 08/02/10 motion for summa ry judgment. Plaintiff's 08/10/10 and 08/11/10 motions to stay defendant's 08/02/10 motion for summary judgment 43 and 45 are denied without prejudice. Plaintiff's 08/11/10 motion to correct the spelling of defendant's name 44 is granted and the Clerk of the Court is directed to correct the spelling of defendant's name to "Vojkufka" on the docket. (Plummer, M)
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Filing
38
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/26/2010 ORDERING pltf's 20 "Petition for Court Order for Depositions of Parties" is DENIED; pltf's 26 "Motion for Court Order to Compel Interrogatories" is DENI ED; pltf's 21 "Motion for Order to Compel Discovery" is DENIED; Discovery is reopened for an additional 60 days from the date of this order for the limited purpose of allowing pltf to propound on dft the 30 interrogatories previously attached to his "Petition for Court Order for Depositions of Parties" and the 2 interrogatories previously served on 2/20/2010. The Court GRANTS pltf leave to propound seven interrogatories in excess of the 25 provided for by FRCP 33(a)(1). The Clerk of the Court is directed to issue a subpoena, signed but otherwise in blank, to pltf in accordance with FRCP 45. (cc: subpoena to petitioner)(Reader, L)
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Filing
28
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2010 DENYING 23 Motion to Appoint Counsel. (Engbretson, K.)
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18
DISCOVERY and SCHEDULING ORDER: signed by Magistrate Judge Edmund F. Brennan on 01/20/10 Discovery due by 4/16/2010. Dispositive Motions due by 9/21/2009. (Plummer, M)
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Filing
15
ORDER signed by Judge Frank C. Damrell, Jr on 12/14/2009 ORDERING 14 FINDINGS AND RECOMMENDATIONS are adopted in full; and the following claims are dismissed w/out prejudice: That dft violated his right to adequate medical care; That dft violated his right to due process in the grievance system; and, that dft retaliated against him. (Matson, R)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Thomas John Heilman signed by Magistrate Judge Edmund F. Brennan on 9/2/09. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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