Allen v. Virga et al
Plaintiff: Kevin Allen
Defendant: T. Virga and I. Korik
Case Number: 2:2012cv01583
Filed: June 13, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
April 16, 2015 Opinion or Order Filing 67 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 04/15/15 ordering the Custodian to produce Kevin Allen on 06/04/15 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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: KJN and OTCD)(Plummer, M)
March 24, 2015 Opinion or Order Filing 63 ORDER ADOPTING 61 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 3/23/2015. Defendants' 52 Motion to Dismiss 49 Second Amended Complaint. (Marciel, M)
February 26, 2015 Opinion or Order Filing 61 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/25/15 ORDERING plaintiff's request for a court order rescinding the 06/11/13 findings and recommendations 57 is denied. Plaintiff's request for a cour t order regarding the release of his legal property ]53] is granted to the extent that defense counsel is directed to assist plaintiff in obtaining the relevant legal documents, and otherwise denied. Also, RECOMMENDING that defendants motion to dismiss plaintiff's second amended complaint 52 be denied. MOTION to DISMISS 52 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
September 18, 2014 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Allison Claire on 09/17/14 that defendants motion for a protective order staying discovery 54 is granted. Discovery in this case is stayed pending the resolution of the pending motion to dismiss. (Plummer, M)
April 14, 2014 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Allison Claire on 04/11/14 ordering this matter now proceeds against defendants Korik and Virga on plaintiff's second amended complaint 49 for money damages on plaintiff's allegations of violation of his f irst amendment right to the free exercise of religion and his rights under RLUIPA. Defendants' response to the second amended complaint must be filed within 21 days. The stay of discovery by way of a protective order granted defendant Korik is hereby lifted. Plaintiff's motion for a stay 48 is denied. Plaintiff's request for appointment of counsel 50 is denied. (Plummer, M)
October 31, 2013 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Allison Claire on 10/30/13 ordering the first amended complaint is dismissed with leave to amend within 28 days as set forth above. Defendant Korik's request for a protective order in the form of a stay of discovery at this time 46 as to plaintiff's interrogatories or any other discovery requests propounded by plaintiff upon him is granted. Plaintiff's request for the appointment of counsel 44 is denied. (Plummer, M)
September 16, 2013 Opinion or Order Filing 43 ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 9/13/13. Defendants' 14 and 22 Motions to Dismiss are DENIED with prejudice on the ground that the complaint was barred by the stature of limitatio ns; Virga's motion to dismiss for failure to state a claim is GRANTED, but Plaintiff is granted leave to amend within 28 days. Defendants' motion to dismiss on grounds of qualified immunity is DENIED but without prejudice; Plaintiff's claims for prospective injunctive relief is DISMISSED as moot; this matter proceeds only on Plaintiff's claim for damages.(Manzer, C)
August 8, 2013 Opinion or Order Filing 42 ORDER denying 40 Motion for rescinding previous extension of time signed by Magistrate Judge Allison Claire on 08/07/13. (Plummer, M)
June 12, 2013 Opinion or Order Filing 37 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/11/13 ORDERING that the Clerk of the Court make a random assignment of a district judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMENDING that defendants' motions to dismiss 14 and 22 be denied with prejudice on the ground that the complaint is barred by the statute of limitations. Defendant Virga's motion to dismiss for failure to state a clai m 14 be granted but plaintiff be granted leave to amend within 28 days of adoption of these findings and recommendations. Plaintiff be granted leave to amend to state a claim under the Religious Land Use and Institutionalized Persons Act of 2000 ( RLUIPA), 42 USC 2000cc-1 also within 28 days of adoption of these findings and recommendations. Defendants motion to dismiss on grounds of qualified immunity be denied but without prejudice. Plaintiff's claims for prospective injunctive relief as to both defendants be dismissed as moot; and this matter proceed only on plaintiff's claim for damages. Motions 14 and 22 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
April 11, 2013 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Allison Claire on 4/11/2013 DENYING plaintiff's 25 request for the appointment of counsel. (Yin, K)
January 17, 2013 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Allison Claire on 1/16/13 granting 17 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file a response to the 12/10/12 motion to dismiss. (Plummer, M)
August 27, 2012 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kevin Allen signed by Magistrate Judge Gregory G. Hollows on 08/27/12. CDC is to collect 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)
July 3, 2012 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/2/12 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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Plaintiff: Kevin Allen
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Defendant: T. Virga
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Defendant: I. Korik
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