Hammler v. Davis et al
| Allen Hammler |
| C Davis, Warden, CDCR and M. Calhoun |
| 2:2014cv02073 |
| September 8, 2014 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| 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
77
ORDER signed by Magistrate Judge Allison Claire on 6/27/2017 DISMISSING this action with prejudice pursuant to Rule 41(a)(1)(A)(ii). CASE CLOSED. (Yin, K)
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Filing
71
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/09/17 ordering the Custodian to produce Allen Hammler on 6/26/17 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 this order and writ on the Custodian and Out-to-Court Desk. (cc: KJN and OTCD) (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 4/25/2017 ORDERING plaintiff to complete and file the attached form, within 10 days, indicating whether he would like to attend the settlement conference in person or by videoconference. (Henshaw, R)
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Filing
66
ORDER SETTING SETTLEMENT CONFERENCE and STAYING DISCOVERY signed by Magistrate Judge Allison Claire on 4/4/2017. This case is set for a settlement conference on 6/26/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Discovery is STAYED until further order of this court. Plaintiff shall have the choice to attend the settlement conference in person or by video. Within 10 days, plaintiff shall return the attached form notifying the court whether he would like to attend the settlement conference in person or by video. The parties shall exchange non-confidential settlement statements 7 days prior to the settlement conference in accordance with this order. (cc: KJN, ADR) (Yin, K)
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Filing
64
ORDER signed by District Judge Morrison C. England, Jr on 3/22/2017 ADOPTING 62 Findings and Recommendations in Full and DENYING 49 Motion for Summary Judgment. Summary Judgment on the issue of exhaustion is ENTERED for Plaintiff. (Donati, J)
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Filing
62
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/22/2017 RECOMMENDING defendants' 49 motion for summary judgment be denied and that summary judgment on the issue of exhaustion be entered for plaintiff. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
56
ORDER signed by Magistrate Judge Allison Claire on 06/16/16 plaintiffs request to modify the discovery and scheduling order in this action, 55 , is granted; all deadlines are vacated pending further order of this court. Plaintiffs request for a court order to facilitate his telephone interviews with witnesses, 54 , is denied without prejudice. (Plummer, M)
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Filing
47
ORDER adopting 45 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 3/3/16. Defendant's 33 Motion to Dismiss is GRANTED in part and DENIED in part. Specifically, the Motion is GRANTED to the extent it seeks dismissal of Plaintiff's claims for injunctive relief, but DENIED to the extent it seeks dismissal of this action on principles of res judicata. This action proceeds on Plaintiff's pursuit of damages premised on his First and Eighth Amendment claims against Defendant Davis. (Kastilahn, A)
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Filing
45
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/27/16 denying 42 Motion to Appoint Counsel. Also, RECOMMENDING that defendants motion to dismiss 33 be granted in part and denied in part as follows. (See order for further details). MOTION to DISMISS 33 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
36
ORDER signed by Magistrate Judge Allison Claire on 7/23/2015 GRANTING plaintiff's 35 motion for an extension of time; plaintiff has 30 days to file an opposition to the pending motion to dismiss, defendant's reply due 7 days after serv ice of plaintiff's opposition. Plaintiff's 30 motion for an order compelling production of a complete copy of the documents and final decision in his RVR designated HDSP No. FB-15-03-023, is GRANTED; the Litigation Coordinators at CSP -SAC and HDSP shall obtain and provide plaintiff with these documents within fourteen (14) days. Plaintiff's additional motions 31 , 32 , 34 are DENIED. The Clerk shall (1) change plaintiff's adress of record to CSP-Sacramento; and (2) serve a copy of this order on plaintiff and on the Litigation Coordinators at CSP-SAC and HDSP. (Yin, K)
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Filing
27
ORDER signed by Magistrate Judge Allison Claire on 4/27/2015 DENYING plaintiff's 19 , 23 motions for extraordinary relief. The timely assistance of the Office of the Attorney General and HDSP staff is acknowledged. Plaintiff is admonished to refrain form filing further extraneous matters in this action. (Yin, K)
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Filing
21
ORDER signed by Magistrate Judge Allison Claire on 4/3/2015 ORDERING that Plaintiff's 20 motion for extension of time is GRANTED. Plaintiff is GRANTED thirty (30) days from the filing date of this order in which to submit the documents necessa ry for service of process on defendant Davis. The Office of the California Attorney General is directed to contact HDSP prison authorities forthwith, to investigate and ascertain the following: plaintiff's current physical and medical condition; the dates and nature of plaintiff's medical care beginning 3/15/2015 through the date of inquiry; plaintiff's current access to legal materials, including any limitations imposed on such access beginning 3/15/2015 through the date of inqui ry. Plaintiff's current housing placement, including whether he is celled alone, and any security concerns or anticipated housing moves. The Clerk of Court is directed to fax a copy of this order to the Office of the California Attorney General, Attention: Supervising Deputy Attorney General Monica Anderson. Ms. Anderson or her designee shall file and serve a status report with the court within ten (10) days after the filing date of this order. The Clerk of Court is also directed to fax a copy of this order to the HDSP Litigation Coordinator. The court will rule on plaintiff's 19 motion for court order after review of the Attorney's General status report. (cc: Monica Anderson) (Zignago, K.)
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Filing
18
ORDER signed by Chief Judge Morrison C. England, Jr on 3/20/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/18/15 17 are ADOPTED in full; and Plaintiff's MOTION for Preliminary Injunctive relief, 15 is DENIED. (Mena-Sanchez, L)
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Filing
17
ORDER; FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/17/15, DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for C Davis. Clerk to send plaintiff: 1 Summons, 1 USM- 285 Form, an d 1 copy of the Amended Complaint filed on 1/26/15. Clerk of Court is directed to randomly assign a district judge to this action. It is RECOMMENDED that Plaintiffs motion for preliminary injunctive relief, ECF No. 15 , be denied. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
9
ORDER signed by Magistrate Judge Allison Claire on 11/25/14 ORDERING that Plaintiff's request for leave to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The compl aint is DISMISSED with leave to file an amended complaint within 28 days. Plaintiffs motion for a preliminary injunction and temporary restraining 7 order is vacated without prejudice. Plaintiffs request for a court order allowing a polygraph examination 8 is DENIED.(Dillon, M)
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Filing
5
ORDER signed by Magistrate Judge Allison Claire on 9/10/14 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Cl erk of Court; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)
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