Walker v. Whitten et al
Plaintiff: Jeffrey E Walker
Defendant: A. H. Whitten, E Moore, J Privinsky, F Greer, Huntly, Murray, E Johnson, Brewer, N Tucci, A Gross and K Alexander
Case Number: 2:2009cv00642
Filed: March 9, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Solano
Presiding Judge: William B. Shubb
Presiding Judge: Kimberly J. Mueller
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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

Date Filed Document Text
March 11, 2013 Opinion or Order Filing 133 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/11/13 recommending that defendants' 11/18/11 motion for summary judgment 74 be granted. Plaintiff's 02/05/13 motion for an injunction or temporary restraining order 127 be denied; and this case be closed. Motions 74 , 127 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
March 8, 2013 Opinion or Order Filing 132 ORDER signed by Senior Judge William B. Shubb on 3/7/2013 ORDERING that the 128 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's request that the court order prison officials to allow plaintiff to use a typewriter is DENIED. Plaintiff's request that the court order prison officials to provide him with more access to his prisons law library is DENIED. (Zignago, K.)
February 7, 2013 Opinion or Order Filing 128 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/07/13 recommending that plaintiff's request for the court to order prison officials to allow plaintiff to use a typewriter be denied. Plaintiff's request for the court to order prison officials to provided him with more access to the prison law library be denied. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
January 29, 2013 Opinion or Order Filing 126 ORDER signed by Senior Judge William B. Shubb on 1/28/13 ORDERING that this court will remand the matter to the Magistrate Judge with instructions to prepare and submit Findings and Recommendations on the matter which forms the basis of this appeal. Plaintiff and defendants shall then be given fourteen days to file objections to the Findings and Recommendations, and this court will then take the matter under submission.(Mena-Sanchez, L)
December 12, 2012 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/12/2012: By the close of court tomorrow, counsel for defendants shall send a copy of their pending November 18, 2011 motion for summary judgment 74 , via e-mail, to the litigation coordinator at plaintiffs place of incarceration; By the close of court tomorrow, the Clerk of the Court shall send a copy of the opposition to defendants pending motion for summary judgment, filed by plaintiff on January 30, 2012 94 , via e-mail to the litiga tion coordinator at plaintiffs place of incarceration; Plaintiff is granted 45 days from the date of this order to either file an amended opposition to defendants motion for summary judgment or file a statement in which plaintiff indicates that he is electing to stand on the opposition previously filed; If plaintiff files an amended opposition, defendants may file a reply no later than 14 days after service of the opposition. (Owen, K)
December 3, 2012 Opinion or Order Filing 116 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/3/12 ORDERING the Custodian to produce Jeffrey Walker via telephonic conferencing at 10:00 am on December 12, 2012. 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: IT Dept)(Dillon, M)
November 29, 2012 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/12 ordering plaintiff shall appear before the court by telephone on 12/12/12 at 10:00 a.m. in Courtroom 26 to address plaintiff's claim that he has been denied access to documents nece ssary for plaintff to determine if he should file an amended opposition to defendants' pending motion for summary judgment. Counsel for defendants should make arrangements for plaintiff to appear by telephone and shall contact the Court's courtroom deputy Kyle Owen not later than 12/10/12 and provide a phone number where plaintiff can be reached. Counsel for defendant may appear on 12/12/12 in person or by telephone. Plaintiff's request that the court order prison officials to allow plaintiff to use a typewriter is denied. Plaintiff's request that the court order prison officials to provide him more access to the prison law library is denied. (Plummer, M) Modified on 11/29/2012 (Owen, K).
November 1, 2012 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/01/12 ordering plaintiff's request for an extension of time 112 is granted. Plaintiff is granted 30 days from the date of this order to file an amended opposition to defendants' p ending motion for summary judgment. If plaintiff elects not to file an amended opposition by that date, defendants' motion for summary judgment will stand submitted to the court for decision. Absent extraordinary cause, no further extensions o f time will be granted. Any reply to plaintiff's opposition shall be due no later than 14 days after service of the amended opposition. The motions filed by plaintiff on 08/27/12 105 ; 09/14/12 107 and 10/09/12 110 are denied as moot. (Plummer, M)
September 13, 2012 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/13/12 ordering within 14 days, the Warden at plaintiff's incarceration inform the court whether plaintiff has access to legal documents filed in this case. If plaintiff does not have access to those documents, the Warden shall explain why not. The clerk of the court is directed to serve a copy of this order upon the Warden of California State Prison, Lancaster. (Plummer, M)
August 7, 2012 Opinion or Order Filing 104 ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/06/12 ordering plaintiff is granted 30 days from the date of this order to file an amended opposition to defendants' pending motion for summary judgment. If plaintiff elects not to file an amended opposition by that date, or file a request for an extension of time to do so which conforms with the requirements identified above, defendants' motion for summary judgment will stand submitted to the court for decision. Any reply to plaintiff's amended opposition shall be due no later than 14 days after service of the amended opposition. All other requests in plaintiff's 07/27/12 motion to compel 103 are denied. (Plummer, M)
July 12, 2012 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/12 ORDERING that Plaintiff may file an amended opposition to defendants' pending motion for summary judgment no later than 8/9/2012. Any reply to plaintiff's amended opposition shall be due no later than 14 days after service of the amended opposition. (Kastilahn, A)
January 23, 2012 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/22/12 ordering that within 30 days of the date of this order, plaintiff shall file an opposition to defendants' motion for summary judgment or a statement of non-opposition. (Plummer, M)
December 30, 2011 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/11 denying 86 Motion for an order directing officials at his prison to provide him with access to a typewriter. (Plummer, M)
December 16, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/15/11 ORDERING that 82 Motion to Appoint Counsel is DENIED; 84 Motion for Extension of time is GRANTED; Plaintiff is granted 30 days from the date of this order in which to file and serve his opposition to defendants motion for summary judgment. (Dillon, M)
November 28, 2011 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/28/2011 DENYING plaintiff's 73 motion. (Yin, K)
October 7, 2011 Opinion or Order Filing 71 ORDER signed by Judge William B. Shubb on 10/6/2011 AFFIRMING the decision of the Magistrate Judge re 67 Order on Motion for Extension of Time. (Michel, G)
August 17, 2011 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Carolyn K Delaney on 8?17/2011 ORDERING 64 Plaintiff's request for the appointment of counsel is DENIED; and pltf's request that the court set a date for plaintiff to depose defendants is DENIED. (Reader, L)
July 28, 2011 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/27/2011 DENYING plaintiff's 57 Motion for Appointment of Counsel. (Marciel, M)
April 18, 2011 Opinion or Order Filing 52 ORDER signed by Judge William B. Shubb on 4/14/11, ORDERING that 45 the findings and recommendations are ADOPTED, except to the extent that they rely on section 3084.9(i) of Title 15 of the CA Code of Regulations. Defendants' 23 motion to dismiss is DENIED. This action is dismissed as against defendant Moore due to plaintiff's failure to prosecute. (Kastilahn, A)
February 9, 2011 Opinion or Order Filing 45 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/8/2011 RECOMMENDING that dfts' 23 motion to dismiss be denied as to claims that dfts Whitten, Greer, Protivinsky and Brewer conducted or allowed improper searches for the purpose of harassment, retaliation and deliberate indifference to pltf's mental health needs in 2007 and 2008; and dft Moore be dismissed from this action because of pltf's failure to prosecute. Referred to Judge William B. Shubb; Objections due w/in 21 days. (Yin, K)
November 1, 2010 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/29/10 ordering the clerk of the court is directed to send plaintiff 1 USM-285 form, instruction sheet and a copy of the 3/19/09 complaint to be completed and returned within 60 days. (Plummer, M)
August 9, 2010 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/9/2010 ORDERING taht w/in 14 days, pltf to SHOW CAUSE why this action should not be dismissed for failure to prosecute.(Yin, K)
April 16, 2010 Opinion or Order Filing 24 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/15/10 RECOMMENDING that the 1 Prisoner Civil Rights Complaint defendant E. Moore be dismissed. Objections due within 21 days.(Williams, D)
February 8, 2010 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Kimberly J. Mueller on 02/08/10 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 03/18/09 complaint to be completed and returned within 60 days. (Plummer, M)
January 15, 2010 Opinion or Order Filing 16 ORDER signed by Judge William B. Shubb on 1/14/2010 ORDERING 15 Findings and Recommendations are adopted in full; and the request for injunctive relief is denied. (Matson, R)
December 4, 2009 Opinion or Order Filing 15 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 12/3/09 ORDERING that 14 MOTION for TEMPORARY RESTRAINING ORDER is DENIED; RECOMMENDING that 14 request for injunctive relief be denied. Referred to Judge William B. Shubb; Objections to F&R due within 20 days.(Dillon, M)
August 27, 2009 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jeffrey E. Walker signed by Magistrate Judge Kimberly J. Mueller on 08/25/09. Clerk to serve a copy of this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Search for this case: Walker v. Whitten et al
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Plaintiff: Jeffrey E Walker
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Defendant: A. H. Whitten
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Defendant: E Moore
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Defendant: J Privinsky
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Defendant: F Greer
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Defendant: Huntly
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Defendant: Murray
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Defendant: E Johnson
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Defendant: Brewer
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Defendant: N Tucci
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Defendant: A Gross
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Defendant: K Alexander
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