Atcherley v. Hanna, et al
| Wilbur Atcherley |
| J. Hanna, A. Rivas, N. Owens, S. Garcia, D. Wilson, B. Gricewich, California Department of Corrections and High Desert State Prison |
| 2:2013cv00576 |
| March 22, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Allison Claire |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
138
ORDER signed by Magistrate Judge Allison Claire on 01/20/17 ordering that dispositive motions shall be filed and served in this case on or before 3/31/17. (Plummer, M)
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Filing
133
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/02/16 ordering the Custodian to produce Wilbur Atcherley on 1/13/17 at 8:30 a.m. at Kern Valley State Prison before Magistrate Judge Stanley A. Boone and Barbara A. McAuliffe. 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 on the Custodian at CSP-LAC and Kern Valley State Prison Warden. (cc: SAB, BAM)(Plummer, M)
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Filing
132
ORDER signed by Magistrate Judge Allison Claire on 10/25/16 ordering in light of the settlement conference scheduled in this matter for 1/13/17, 131 the dispositive motion deadline of 12/02/16 is hereby vacated pending further order of this court. (Plummer, M)
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Filing
131
ORDER signed by Magistrate Judge Allison Claire on 10/23/2016 SETTING this case for a settlement conference on 1/13/2017 at Kern Valley State Prison. The specific magistrate judge and start time for the settlement conference will be determined at a future date. The parties shall provide settlement statements, in accordance with this order, no later than 1/6/2017. The Clerk shall serve a copy of this order on the Litigation Coordinator by fax. (cc: SAB, BAM, ADR)(Yin, K)
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Filing
130
ORDER signed by Magistrate Judge Allison Claire on 5/16/2016 ORDERING, within 30 days, the parties may propound discovery limited to the role and conduct of defendant Hanlon in this action. Discovery propounded pursuant to this order shall be responded to within 45 days after service of the new discovery requests. Any follow-up discovery or related questions shall be informally resolved by the parties on or before 9/2/2016. The dispositive motions deadline is EXTENDED to 12/2/2016. (Yin, K)
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Filing
126
ORDER signed by Magistrate Judge Allison Claire on 04/22/16 granting 124 Motion to Amend the Complaint. The clerk of the court is directed to designate the 4th amended complaint 125 as the operative complaint. Defense counsel is requested to c onsult with Mr. Hanlon and within 21 days after the filing date of this order, to inform the court whether counsel waives service of process on behalf of Mr. Hanlon. If so, counsel shall simultaneously file such waiver and within 14 days thereafter, file and serve an answer to the fourth amended complaint on behalf of all defendants. (Plummer, M)
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Filing
119
ORDER signed by Magistrate Judge Allison Claire on 1/05/16 ordering plaintiff's motion to strike 100 is denied without prejudice. Plaintiff's motion to compel further responses to discovery 96 is denied in part and granted in part as follows: (See order for further details). (Plummer, M)
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Filing
117
ORDER signed by Magistrate Judge Allison Claire on 1/4/2016 GRANTING defendants' 114 amended request to file records under seal. The documents noted in this order shall be filed under seal for purposes of this court's in camera review, in conjunction with plaintiff's pending motion to compel their production. These documents (paginated "Confidential 001" through "Confidential 012") shall remain SEALED pending further order of this court. (Yin, K)
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Filing
113
ORDER signed by Magistrate Judge Allison Claire on 11/18/15 ORDERING that within 14 days after the filing date of this order, defendants shall:a. Submit via e-mail to the court a new PDF copy of defendants proposedconfidential documents, paginate d consecutively, and excluding defendants Request to Seal Documents, as explained above; and b. Submit via e-mail to the court, and serve plaintiff with, an Amended Request to Seal Documents (amended to identify the total number of pages for which se aling is requested);defendants shall also serve plaintiff with defendants Proposed Order. Plaintiff need not respond to defendants Request to Seal; the court will make its determination based on defendants request and the content of the documents sought to be sealed.(Dillon, M)
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Filing
98
ORDER and AMENDED SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 09/15/15 granting 95 Motion requesting service of process. The clerk of the court is directed to send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and 1 c opy of the endorsed third amended complaint filed 06/25/15 83 to be completed and returned within 30 days. Due to the addition of these new defendants, and because the remaining defendants only recently filed an answer to the third amended complaint, the discovery deadline in this action is extended to 04/29/16 and the deadline for filing dispositive motions is extended to 7/29/16. (Plummer, M)
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Filing
92
ORDER signed by Magistrate Judge Allison Claire on 8/13/2015. Plaintiffs 77 Motion to Compel Discovery is GRANTED in part and DENIED in part as specified above. If defendants have not already done so, they shall, within 10 days after filing date of this Order, provide plaintiff with a copy of Isolation Log for HDSP Housing Unit D8 for date 3/8/2012. Plaintiff's 84 Motion to Compel defendant Gricewich to provide plaintiff with copy of his deposition transcript is DENIED. Plaintiff's 82 Motion for Leave to file his proposed Third Amended Complaint (TAC) is GRANTED. Clerk directed to designate plaintiff's 83 Third Amended Complaint as operative Complaint. Defendants shall file comprehensive Answer to TAC within 21 days a fter filing date of Order. Plaintiff's 79 Request for additional time to conduct Discovery is GRANTED. The discovery deadline in this action is EXTENDED to 11/20/2015. The deadline to file Dispositive Motions is EXTENDED to 2/26/2016. (Marciel, M)
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Filing
74
ORDER signed by Magistrate Judge Allison Claire on 04/20/15 ordering plaintiff's request to extend the discovery deadline 72 is granted. The discovery deadline is extended to 08/14/15. The dispositive motion deadline is extended to 11/20/15. Defendant's request for authorization to take plaintiff's deposition via videoconference at Kern Valley State Prison 73 is granted. However, this authorization shall not be construed to require KVSP to obtain videoconferencing equipment if it is not already available. Defendant HDSP's request for leave to file an amended answer 71 is denied. (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 04/06/15 ordering plaintiff's motion to compel further production of documents 61 is granted; if defendants CDCR and HDSP have not already done so, they shall, within 14 days after the filing date of this order, produce appropriately redacted copies of the I.S.T. transcripts of defendants Hanna, Owens, Gricewich, Wilson, Garcia, Rivas and Payne. Plaintiff's motion for a court order 62 is denied without prejudice as moot; the additional matters raised in plaintiff's motion are denied without prejudice. (Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge Allison Claire on 2/17/15 ORDERING that plaintiffs request for extension of time, ECF No. 57 , is granted; The extended discovery deadline in this action (presently April 13, 2015, see ECF No. 57 ) is extended to June 12, 2015; and the extended pretrial motion deadline (presently July 8, 2015, see ECF No. 57 ) is vacated pending further order of this court after service of process on all defendants.(Dillon, M)
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Filing
52
ORDER signed by Magistrate Judge Allison Claire on 12/30/14 ORDERING that Plaintiff's MOTION for an order of service of the Second Amended Complaint 50 is GRANTED. Service of the amended complaint is appropriate for the following defendants : D. Wilson, S. Garcia, A. Rivas and A. Payne. Plaintiff's earlier MOTION for an order of service of the Second Amended Complaint 40 is DENIED as moot. The Clerk shall send Plaintiff four (4) USM- 285 forms, one summons, an instruction shee t, and a copy of the Second Amended Complaint filed 9/30/14. Within thirty days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit all documents to the court at the same time: Plaintiff&# 039;s REQUEST for an extension of 60-days to conduct discovery 49 is GRANTED. The Scheduling and Discovery Order 46 at 5 6 & 7 is AMENDED to state that (1) the parties may conduct discovery until 4/13/2015, and (2) all Pretrial Motions, exce pt Discovery Motions to compel discovery, shall be filed on or before 7/8/2015, and the order is otherwise CONFIRMED. Defendants' Request for a twenty-one-day extension of time to respond to Plaintiff's Interrogatories, Set One, and Requests for Admissions, Set One 51 , is GRANTED. Defendants must serve responses by 1/19/2015. (Mena-Sanchez, L)
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Filing
42
ORDER signed by Judge Kimberly J. Mueller on 9/29/14 ADOPTING IN FULL 41 Findings and Recommendations; DENYING AS UNNECESSARY 28 Motion to Amend the Complaint; DENIED AS MOOT 30 Motion for Service of First Amended Complaint; GRANTING IN PART AND DENYING IN PART 31 Motion to Dismiss as follows: the motion to dismiss plaintiff's ADA and RA claims against Defendants Hanna, Gricewich and Owens in their individual capacities is granted without leave to amend; the motion to dismiss p laintiff's retaliation claim against Defendants Hanna and Owens is granted without prejudice; the motion to dismiss plaintiff's requests for monetary damages against defendants in their official capacities is granted without leave to ame nd; the motion to dismiss the ADA and RA claims is denied. Plaintiff's 36 Motion to Compel is DENIED AS MOOT; 39 Motion for Leave to File a Second Amended Complaint is GRANTED. 37 Motion for Judicial Notice is DENIED; and Plaintiff's 40 Request for Service of the Second Amended Complaint is referred back to the magistrate judge. (Meuleman, A)
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Filing
41
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/25/14 ORDERING the clerk of the court randomly assign a District Judge to this case. U.S. District Judge Kimberly J. Mueller randomly assigned to this case. Also , RECOMMENDING that plaintiff's motion for leave to file an amended complaint 28 be denied as unnecessary. Plaintiff's motion for service of the first amended complaint 30 be denied as moot. Defendants' motion to dismiss 31 the first amended complaint be granted in part and denied in part. (See order for further details). Motions 28 , 30 , 31 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
27
ORDER signed by Magistrate Judge Allison Claire on 9/16/13 ORDERING that Plaintiffs motion for leave to amend the complaint 26 is GRANTED to the extent that plaintiff is granted leave to file an amended complaint within thirty days of the date of this order. In all other respects, the motion is denied; The motion to dismiss filed by defendants Hanna, Owens, California Department of Corrections and Rehabilitation and High Desert State Prison 18 is VACATED without prejudice to refiling in response to the amended complaint. (Dillon, M)
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Filing
13
ORDER signed by Magistrate Judge Allison Claire on 06/10/13 denying 11 Motion to Appoint Counsel and denying 12 Motion for an expert witness. (Plummer, M)
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Filing
5
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Wilbur Atcherley signed by Magistrate Judge Allison Claire on 04/08/13. 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)
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