Wagner v. Posner et al
| Clinton Wagner |
| Moss - Posner, Calvin Schuster, - O'Brien, Samuel Alpine, Andrew Nangalama and Jasdeep Singh Bal |
| 2:2009cv03166 |
| November 13, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
181
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/8/14 ORDERING that 180 Motion for Extension is GRANTED. the deadline by which to file documents disposing of the case is enlarged to September 8, 2014.(Dillon, M)
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Filing
179
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 ordering that the above case has settled. The court now orders that dispositional documents are to be filed not later than 07/07/14. All hearing dates set in this matter, including the jury trial currently set for 4/28/14 are vacated and all pending motions denied as moot. (Plummer, M)
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Filing
176
AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/1/2014 ORDERING the custodian to produce Clinton Wagner #P-13327, to testify in USDC at 10:00 A.M. on 4/7/2014 in courtroom #8, before Magistrate Judge Edmund F. Brennan; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk shall serve a copy of this order and writ by fax on the Out-to-Court Desk at Mule Creek State Prison. (cc: EFB)(Yin, K)
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Filing
174
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/20/2014 ORDERING the custodian to produce Clinton Wagner #P-13327, to testify in USDC at 1:30 PM on 4/7/2014 in courtroom #8, before Magistrate Judge Edmund F. Brennan; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and fax a copy to the Litigation Coordinator at MCSP. (cc: OTCD-SAC, EFB)(Yin, K)
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Filing
171
ORDER signed by Judge Kimberly J. Mueller on 2/5/2014. Defendant's Objectio to plaintiff's Expert Witness Disclosure is SUSTAINED to extent plaintiff will not be allowed to call Dr. Rosario or Dr. Torok. (Marciel, M)
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Filing
170
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 2/5/2014 ORDERING Custodian to produce Clinton Wagner at 10:00 a.m. on 3/20/2014 in Courtroom #8 (EFB) before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the Court of anychanges 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)(Waggoner, D)
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Filing
166
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 01/15/14 ordering the custodian to produce Clinton Wagner via video conferencing at 1/23/14 at 3:30 p.m. in courtroom 3 before District 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. (cc: I.T. Dept, Sacramento). (Plummer, M)
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Filing
159
ORDER signed by District Judge Kimberly J. Mueller on 12/11/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Candice Fields is GRANTED. (Crouch, J)
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157
ORDER signed by Judge Kimberly J. Mueller on 12/4/2013 ORDERING that the 153 Motion to Withdraw as Attorney is GRANTED. Plaintiff will represent himself in this matter. All dates previously set, as reflected in this court's minute order of 9/6/2013, are confirmed. The Clerk of Court is directed to send a copy of this order and of the 9/6/2013 minute order to plaintiff at the address shown on his filing of 10/29/ 2013 (ECF 152 ), which address will serve as his service address unless or until the court is notified otherwise. (Zignago, K.)
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Filing
138
ORDER signed by Judge Kimberly J. Mueller on 11/19/12: Status Conference RESET for 1/31/2013 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller with the expectation that at this hearing the court will set the schedule for the rest of the case. (Kaminski, H)
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Filing
136
ORDER signed by Judge Kimberly J. Mueller on 10/22/2012 APPOINTING Attorney Candice L. Fields as counsel for Plaintiff Clinton Wagner; DIRECTING the Clerk of Court to serve a copy of this order upon Candice Fields; SETTING a Status Conference for 11/15/2012 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Michel, G)
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Filing
134
ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/12 ordering defendants' summary judgment motion contained notice to plaintiff of the requirements for opposing a motion for summary judgment 76 Defendants' notice substantially complied with the requirements set forth in Woods. For that reason, no further briefing order regarding defendants' summary judgment motion will be issued. (Plummer, M)
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Filing
133
ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/12 granting 102 Motion to Appoint Counsel. The clerk of court, working with the assistance of Sujean Park, is directed to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR Director) (Plummer, M)
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Filing
132
ORDER denying 128 Motion for declaratory judgment signed by Magistrate Judge Kendall J. Newman on 08/10/12. (Plummer, M)
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Filing
122
ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2012 ORDERING Within 15 days from the date of this order, the parties shall submit confidential settlement statements as set forth above; and the Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park USDC, Sacramento, CA. (cc: ADR S. Park)(Reader, L)
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Filing
120
ORDER signed by Judge Kimberly J. Mueller on 7/5/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/20/12 108 are ADOPTED in part and rejected in one respect only; and Defendants' 5/6/11 MOTION for SUMMARY JUDGMENT 76 is GRANTED, except as to the claim that defendant Nangalama did not timely prescribe antiviral medications and the claim that defendant Sahota approved non-formulary medications for Plaintiff without examining him. (Mena-Sanchez, L)
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Filing
108
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/19/12 RECOMMENDING that defendants summary judgment motion 76 be granted, except for the claim that defendant Nangalama did not timely prescribe antiviral medications. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Dillon, M)
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Filing
106
ORDER signed by Magistrate Judge Kendall J. Newman on 01/18/12 ordering that plaintiff is granted 30 days from the date of this order to file the further briefing discussed above and the report showing the results from his 2005 "hepatitus prof" test. (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/11 ordering plaintiff's 06/20/11 motion for extension of time 82 is denied. Plaintiff's 06/20/11 motion to modify the scheduling order 83 is denied. Plaintiff's motion f or court assistance 95 is deemed resolved. Plaintiff's motion for an extension of time 100 is denied. Within 30 days of the date of this order, defendants shall provide plaintiff with the medical records described above. The clerk of the court is directed to send plaintiff copies of the documents marked by plaintiff on the court docket attached to his 11/03/11 motion for extension of time. Plaintiff's opposition to defendants' summary judgment motion is due within 60 days of the date of this order (Plummer, M)
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Filing
97
ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/11 DENYING AS MOOT 87 and 88 Motions; DIRECTING defendants to re-serve plaintiff with their summary judgment motion within 7 days of the date of this order and file proof of service; DIRE CTING the Clerk of Court to send plaintiff a copy of 43 amended complaint and copy of docket sheet; and ORDERING plaintiff to inform the court of the status of his access to his legal property within 14 days of the date of this order. (Meuleman, A)
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91
ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/11 ORDERING that within seven days of the date of this order, defendants shall file the further briefing described in this order. (Kastilahn, A)
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86
ORDER signed by Magistrate Judge Kendall J. Newman on 06/30/11 ordering that within 21 days of the date of this order, defense counsel shall inform the court of the status of plaintiff's access to his legal materials related to this action. (Plummer, M)
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84
ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)
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81
ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/11 ORDERING that 79 and 80 Notices of Appeal are DISREGARDED.(Dillon, M)
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74
AMENDED ORDER signed by Magistrate Judge Kendall J. Newman on 1/13/2011 DENYING 61 and 62 Motions to Compel. (Zignago, K.)
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72
ORDER signed by Magistrate Judge Kendall J. Newman on 12/30/10 DENYING 17 and 18 Motions to compel. (Dillon, M)
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71
AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/24/10 RECOMMENDING that plaintiff's 17 and 18 motions for injunctive relief be denied. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
67
ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2010 ORDERING that dfts' 60 motion to modify the scheduling order is GRANTED; the parties may conduct discovery re the new claims against dft Sahota until 2/18/2011; the pretrial motion cut-off date is RE-SET for 5/6/2011.(Yin, K)
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Filing
58
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/5/10 RECOMMENDING that plaintiff's motions for injunctive relief 17 and 18 be DENIED; Referred to Judge Frank C. Damrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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51
ORDER signed by Magistrate Judge Kendall J. Newman on 09/02/10 ordering that plaintiff's untimely opposition 33 and untimely objections 40 are disregarded. (Plummer, M)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2010 ORDERING that w/in 10 days, dfts to inform the court of the status of the CT scan and AFP testing ordered for pltf by the heptologist at UC Davis on 2/24/10.(Yin, K)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/10 ordering plaintiff's motion to amend 42 is granted as to the proposed claims against defendant Sahato that are not solely based on respondeat superior and the motion to amend is de nied as to the proposed amended claims against defendants Bakewell and Warbel. The claims against defendants Schuster and Posner contained in the amended complaint are stricken for the reasons discussed above, the answer filed by defendants Nangalam a, Bal and McAlpine to the original complaint is deemed as addressing the amended complaint as the claims against them in both complaints are identical. The clerk of the court shall send plaintiff 1 USM-285 form, 1 summons, instruction sheet and a copy of the 7/28/10 amended complaint to be completed and returned within 30 days. Plaintiff's 07/29/10 motion for appointment of counsel 44 is denied. (Plummer, M)
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Filing
39
ORDER signed by Magistrate Judge Kendall J. Newman on 7/21/10 ORDERING that within twenty-one days of the date of this order, defendants shall respond to plaintiffs motions for injunctive relief. (Dillon, M)
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Filing
32
ORDER ADOPTING 29 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 7/7/2010. The 20 Motion to Dismiss is GRANTED and defendants Moss - Posner and Calvin Schuster are TERMINATED. (Marciel, M)
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Filing
29
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/26/2010 RECOMMENDING that dfts' 20 motion to dismiss be granted. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days.(Yin, K)
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Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 02/16/10 DIRECTING USM to serve * complaint * filed on * 11/13/09,* on * Moss - Posner, Calvin Schuster, - O'Brien, Samuel Alpine, Andrew Nangalama, Jasdeep Singh Bal*. (Plummer, M)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Clinton Wagner signed by Magistrate Judge Gregory G. Hollows on 01/07/10. CDC is to collect monthly payments from plaintiff's account and forward to the Clerk until the $350.00 filing fee is paid in full. Clerk to serve 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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