Heilman v. Wasko, et al
| Thomas John Heilman |
| Todd Wasko, J. Walker, V. Singh, D. Haley and D. Thomas |
| 2:2012cv01966 |
| July 26, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Diego |
| Gregory G. Hollows |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
119
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/10/15 ORDERING defendant's motion to striked 99 -2 is denied as moot. Also, RECOMMENDING that plaintiff's motion for summary judgment 95 be denied. Defendant's motion for summary judgment 97 be granted; and judgment be entered for defendant. Motions 95 and 97 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
118
ORDER signed by Magistrate Judge Allison Claire on 07/12/15 ordering plaintiff's request 109 that the court take judicial notice of the contents of the 12/01/11 confidential supplement to plaintiff's appeal log no. CMF-M-11-1341 (attachme nt C) is granted, subject to the limitations set forth herein. Plaintiff's request for an extension of time 110 within which to provice CDCR with payment for the materials identified both in his Public Records request and Request No. 9 of his subpoena duces tecum served on Warden Duffy, is granted in part; plaintiff may provide CDCR with payment in full ($6.44) within 30 days from the filing date of this order. Partial payment will not be permitted and no further extensions of time will be granted. Plaintiff's request for an order directing the expungement of records 108 is denied. (Plummer, M)
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Filing
117
ORDER signed by Judge John A. Mendez on 7/9/15 DENYING 112 Motion for Reconsideration; and MOOTING 110 Motion for Extension of Time. (Meuleman, A)
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Filing
105
ORDER signed by Magistrate Judge Allison Claire on 04/14/15 ordering that within 7 days after the filing date of this order, Warden Duffy shall serve plaintiff with a copy of the document responsive to request no. 8 of plaintiff's subpoena duces tecum, viz., the 12/01/11 Confidential Supplement to plaintiff's appeal no. CMF-M-07-1295. (Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Allison Claire on 03/30/15 ordering plaintiff's motion 68 to compel further responses to his requests for admissions (set two)(request Nos 15 and 18) and for sanctions is denied in full. Plaintiff's motio n 86 for sanctions (entitled Addendum), based on defendant's alleged bad faith in supplementing his responses to plaintiff's requests for admissions (set two)(request Nos 20 and 21) is denied in full. Plaintiff's request for judicia l notice 93 is denied. Plaintiff's motion 84 , to require supplemental discovery responses to his initial requests for admission, request for production of documents and interrogatories is denied in full. The motion to quash filed by third- party Warden Duffy 80 is granted in part and denied in part. Within 14 days after the filing date of this order, Warden Duffy shall submit for in camera review the document identified in request no. 8 of plaintiff's subpoena duces tecum. War den Duffy may also submit at the same time, a proposed redacted copy of the document for purposes of disclosure to plaintiff. The court will issue a further order after in camera review. To obtain the materials identified in request no. 9 of plaint iff's subpoena duces tecum, plaintiff shall within 30 days after the filing date of this order, submit a check for $6.44 payable to the California Department of Corrections and Rehabilitation; failure to meet this deadline will result in forfeiture of this option. Plaintiff's motion 92 for en banc review of the undersigned's findings and recommendations filed 09/13/13 is denied. (Plummer, M)
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Filing
74
ORDER signed by Magistrate Judge Allison Claire on 9/5/2014 DIRECTING the Clerk to send the original subpoena duces tecum and its list of attached documents requested, along with a copy of the instant order, to the U.S. Marshal; within fourteen da ys, the USM is directed to personally serve the subpoena duces tecum, its attached list of documents requested, and a copyof this order on Warden Brian Duffy at the California Medical Facility, pursuant to 28 U.S.C. § 566(c), and shall command a ll necessary assistance from the CDCR to execute this order; within ten days after personal service of the subpoena duces tecum is effected, the USM shall file the return of service for the nonparty with the court; the Clerk shall serve a copy of this order and a copy of the issued subpoena duces tecum on the Litigation Coordinator at California Medical Facility; and Warden Duffy shall, within 30 days after service of the subpoena duces tecum and this order, serve by mail the documents requested by plaintiff's subpoena duces tecum as limited by this order. (Yin, K)
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Filing
62
ORDER signed by Magistrate Judge Allison Claire on 07/07/14 ordering plaintiff's motion to withdraw the motion to compel as moot 59 is granted without prejudice. Plaintiff's motion to compel supplemental discovery responses from defendan t 54 is hereby withdrawn based on plaintiff's request. Plaintiff's motion to compel the non-party CDCR to disclose subpoenaed records 55 is denied without prejudice. Within 21 days from the date of this order, plaintiff shall return t he previously signed subpoena ducses tecum form to the court in order to effectuate proper service of process by the United States Marshall. The deadline for the parties to conduct discovery and to bring any necessary motions to compel is extended until 09/03/14. The dispositive motions deadline is now extended until 12/15/14. (Plummer, M)
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Filing
50
ORDER signed by Magistrate Judge Allison Claire on 4/16/14 granting 49 plaintiff's motion. The United States Marshal is directed to serve subpoenas received from plaintiff without prepayment of costs until further order of the court. (Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Allison Claire on 3/17/14 ORDERING that Defendants motion to modify the discovery and scheduling order (ECF No. 42 ) is granted as indicated herein; and, Plaintiffs requests for blank subpoena duces tecum forms (ECF Nos. 40 , 45 ) are granted. The Clerk is directed to issue plaintiff two subpoena duces tecum forms, signed but otherwise blank, pursuant to Fed. R. Civ. P. 45.(Dillon, M)
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Filing
36
ORDER adopting 32 FINDINGS AND RECOMMENDATIONS in full and granting in part and denying in part 23 Motion to Dismiss signed by Judge John A. Mendez on 12/18/13. (Kaminski, H)
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Filing
32
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/12/13 ORDERING the clerk shall assign this case to a district judge. U.S District Judge John A. Mendez randomly assigned to this case. Also, RECOMMENDING that de fendant's motion to dismiss 23 be granted in part, dismissing the portion of plaintiff's claim alleging that defendant issued three retaliatory 128-B Chronos, and denied in part as to the portion of the claim alleging that defendant issued a retaliatory RVR dated 10/28/11. Motion to dismiss 23 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
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Filing
28
ORDER signed by Magistrate Judge Allison Claire on 07/10/13 denying 27 Motion to Strike plaintiff's unauthorized surreply. Defendant is granted 14 days from the date of this order in which to reply to plaintiff's second opposition filed on 05/03/13. (Plummer, M)
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Filing
14
ORDER signed by Magistrate Judge Allison Claire on 11/21/12 ORDERING that defendants J. Walker, V. Singh, D. Haley, and D. Thomas are dismissed from this action without prejudice.(Dillon, M)
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Filing
9
ORDER signed by Magistrate Judge Gregory G. Hollows on 09/24/12 granting 7 , 8 Motions to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. The complaint is dismissed for the reasons discussed above, with leave to file an amended complaint, within 28 days from the dcate of service of this order. (Plummer, M)
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Filing
5
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/13/12 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; Plaintiffs motion 3 is DENIED.(Dillon, M)
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