Walker v. Mohadjer et al
| Jeffrey E. Walker |
| Mohadjer and Special Appearance |
| 2:2013cv01193 |
| June 14, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| William B. Shubb |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
127
ORDER signed by Magistrate Judge Allison Claire on 9/26/16 ORDERING that plaintiff's request for extension of time, ECF No. 126 , is construed as an objection to the magistrate judges recommendation that this action be dismissed without prejudice, ECF No. 125 , and to any and all findings and fact and conclusions of law on which that recommendation is based. (Dillon, M)
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Filing
125
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/1/2016 RECOMMENDING defendant's 113 motion for summary judgment be granted, due to plaintiff's failure to exhaust available administrative remedies; and this action be dismissed without prejudice for failure to state a claim upon which relief may be granted. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)
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Filing
121
ORDER signed by Magistrate Judge Allison Claire on 8/1/2016 GRANTING plaintiff's 118 motion for an extension of time. Plaintiff has 14 days to file and serve his opposition to defendants' motion for summary judgment. Defendants' re ply, if any, shall be due within 7 days thereafter. Plaintiff's 120 motion to correct his TRO is GRANTED. The Clerk shall file plaintiff's 119 motion for TRO as a new action in the Fresno Division of the USDC for the Eastern District of California. (Yin, K)
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Filing
110
ORDER signed by Magistrate Judge Allison Claire on 12/16/15 ordering plaintiff must notify the court within 7 days of obtaining access to his legal materials. Defendants motion for summary judgment 99 is vacated without prejudice to its renewal once plaintiff notifies the court and defendants counsel confirms, that he has been reunited with his legal property. Upon re-notice of the motion for summary judgment, plaintiff will have 30 days to file his opposition. (Plummer, M)
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Filing
107
ORDER signed by Magistrate Judge Allison Claire on 12/4/15 ORDERING that Plaintiffs motion for a court order directing defendants to oppose plaintiffs motion for injunctive relief (ECF No. 89 ) is DENIED; Plaintiffs request for a stay of his deposition (ECF No. 93 ) is DENIED.(Dillon, M)
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Filing
106
ORDER signed by Magistrate Judge Allison Claire on 12/03/15 ordering defendants shall file a notice within 10 days of the date of this order advising the court whether the CDCR is still in possession of plaintiff's legal property, If the CDCR is still in possession of plaintiff's property, defendants shall also advise when plaintiff's property is expected to be forwarded to plaintiff. If the property will not be transferred to plaintiff, defendants should explain why not. If the CDCR is no longer in possession of plaintiff's legal property, defendants shall advise when plaintiff's legal property was released. Defendants shall also advise the court whether plaintiff's transfer to San Francisco County Jail is temporary. If the transfer is temporary, defendants should advised the court as to approximately when plaintiff is expected to be transferred back to the CDCR. Plaintiff's request for typewriter access is denied. Plaintiff may renew his mo tion regarding access to a typewriter if he establishes that 1) he cannot purchase a typewriter for personal use, and 2) he has been denied access to a typewriter at San Francisco County Jail. Plaintiff will be given additional time to file his opposition to defendants' motion for summary judgment once the issue of plaintiff's access to his legal property is resolved. (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge Allison Claire on 7/16/2015 GRANTING defendants' 100 motion to stay discovery; and the dates in the 86 Discovery and Scheduling Order are VACATED. (Yin, K)
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Filing
95
ORDER signed by Magistrate Judge Allison Claire on 5/27/15 ORDERING that defendants shall have until June 15, 2015 to serve their responses. (Dillon, M)
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Filing
85
ORDER signed by Magistrate Judge Allison Claire on 04/06/15 ordering that plaintiff's motions 81 , 84 are granted in part as follows: Counsel for defendants is directed to take all steps necessary to assist plaintiff in timely obtaining acces s to the legal property he needs in order to conduct discovery and comply with the court's deadlines in the current action. Defendants shall, within 7 days, file a statement advising the court of the status of plaintiff's access to the law library and receipt of his legal property. If plaintiff does not currently have access to his legal property, defendants shall notify the court forthwith when that access has been restored. In all other respects, the motions are denied. Plaintiff may renew his motion regarding access to a typewriter if he establishes that 1) he cannot purchase a typewriter for personal use, and 2) he has been denied access to a prison typewriter. (Plummer, M)
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Filing
82
ORDER ADOPTING 80 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 3/11/15. The 74 Motion to Revoke IFP status and Dismiss Case is DENIED. (Manzer, C)
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Filing
80
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/10/15 ORDERING defendants' request for judicial notice of documents 75 in support of their motion to revoke in forma status is granted. Also, RECOMMENDING that defendants' motion to revoke plaintiff''s in forma pauperis status and dismiss the case 74 be denied. Motion to revoke ifp and dismiss case 74 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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Filing
77
ORDER signed by Magistrate Judge Allison Claire on 07/09/14 ordering defendants' counsel has discharged the order at ECF 72 . Plaintiff is granted a 30 day extension of time from the date of this order to file an opposition to defenants' 5/28/14 motion to revoke plaintiff's IFP status and to dismiss. There will be no further extension of time. (Plummer, M)
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Filing
72
ORDER signed by Magistrate Judge Allison Claire on 5/15/14 ORDERING that Defendants motion to revoke plaintiffs in forma pauperis status and to dismiss (ECF No. 48 ) is VACATED without prejudice ; Plaintiffs inadequately-supported motion for a TRO (ECF No. 51 ) is also VACATED without prejudice; Plaintiffs motions at ECF Nos. 63 and 67 are DENIED as moot.(Dillon, M)
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Filing
62
ORDER signed by Magistrate Judge Allison Claire on 2/26/2014 GRANTING defendants 61 request and defendants shall not be required to provide an opposition to plaintiff's motion for injunctive relief and allegations of retaliation until after t he court issues a ruling on their pending motion to revoke ifp, if a further response is deemed necessary; defendants' counsel must file a notice as soon as counsel is informed that plaintiff's legal materials have been restored to him and he has access to the law library; upon the filing and service of such notice, plaintiff will have 30 days to file his opposition to defendants' motion to revoke plaintiff's ifp status; and plaintiff's failure to oppose the motion within the time provided will be deemed a statement of non-opposition to the motion and result in a recommendation that the motion be granted. (Yin, K)
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Filing
54
ORDER signed by Magistrate Judge Allison Claire on 01/16/14 vacating 53 Motion for TRO. (Plummer, M)
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Filing
52
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 01/13/14 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendant Mohadjer's 11/21/13 motion to revoke IF P status and to dismiss. Also, RECOMMENDING that plaintiff's insufficiently supported motion for a TRO or preliminary injunction 51 be denied. Plaintiff be cautioned that he will be sanctioned for an abuse of process should he continue to engage in substantial and burdensome seriatim filings. MOTION for TEMPORARY RESTRAINING ORDER 51 referred to Judge William B. Shubb. Objections due within 21 days.. (Plummer, M)
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Filing
50
ORDER signed by Senior Judge William B. Shubb on 1/6/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/3/13 39 are ADOPTED in full; and Plaintiff's MOTION for a TRO or Preliminary Injunction 38 is DENIED. (Mena-Sanchez, L)
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Filing
41
ORDER signed by Senior Judge William B. Shubb on 10/9/2013 DENYING 36 Motion for Reconsideration; CONSTRUING 35 Motion for a Certificate of Appealability as a Notice of Appeal of the 32 Order denying Plaintiff's Requests for Immendiate Injunctive Relief. (Michel, G)
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Filing
39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/2/2013 RECOMMENDING that plaintiff's insufficiently supported 38 motion for TRO or preliminary injunction be denied; and plaintiff be cautioned that he will be sanctioned for an abuse of process should he continue to engage in seriatim filings. Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)
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Filing
32
ORDER signed by Senior Judge William B. Shubb on 9/12/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/6/13 20 are ADOPTED in full; and Plaintiff's MOTIONS for immediate injunctive relief 13 and 17 are DENIED.(Mena-Sanchez, L)
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Filing
28
ORDER signed by Magistrate Judge Allison Claire on 8/16/2013 ORDERING that plaintiff's 23 request to supplement his amended complaint is construed as a request to file a second amended complaint and is GRANTED; plaintiff must file any secon d amended complaint within 30 days; to the extent plaintiff's 12 motion seeks preliminary injunctive relief, it is DISREGARDED in light of the pending Findings and Recommendations; and plaintiff is CAUTIONED that continued seriatim filings, especially those made before the court has had an opportunity to act on earlier requests or motions, may subject plaintiff to sanctions. (Yin, K)
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Filing
20
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/05/13 recommending that plaintiff's motions for immediate injunctive relief 13 and 17 be denied. Motions 13 and 17 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
15
ORDER signed by Magistrate Judge Allison Claire on 07/23/13 ordering defendant shall respond within 10 days to plaintiff's request for immediate injunctive relief. The court intends to act on the request within 2 weeks. There will be no exten sion of time granted for defendant Mohadjer's response. The Attorney General and the defendant shall contact the appropriate medical or mental health authorities at CMF-Vacaville to ensure that they are aware of plaintiff's potential suici de risk. Defendant's response to the request for immediate injunctive relief shall include a report on plaintiff's status. The clerk of the court is directed to send a copy of the amended complaint 9 , a copy of plaintiff's motion f or a TRO/preliminary injunction 13 and a copy of this order upon Monica Anderson, Supervising Deputy Attorney General. In addition the clerk of the court is directed to mail a copy of the amended complaint 9 , a copy of plaintiff's motion for a TRO/preliminary injunction 13 , and a copy of this order to defendant Clincal Psychologist Mohadjer, CMF-Vacaville, PO Box 2000, Vacaville, CA 95696. (cc: Monica Anderson, Attorney General)(Plummer, M)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 6/19/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Jeffrey E. Walker to the clerk until the balance of $350 i s paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
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