Hammler v. Wright
Plaintiff: Allen Hammler
Defendant: J. Wright
Case Number: 2:2015cv01645
Filed: August 3, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
May 19, 2020 Opinion or Order Filing 203 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/19/2020 DENYING AS MOOT 202 Motion for a Ruling on Request forReconsideration. It is hereby RECOMMENDED that 201 Motion for Reconsideration be granted and this action be re-opened and a new trial schedule be set at the district judge's discretion. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these Findings and Recommendations. (Tupolo, A)
February 21, 2020 Opinion or Order Filing 198 ORDER signed by District Judge Troy L. Nunley on 2/19/20 DENYING as moot 174 , 175 , 176 Motions in Limine. CASE CLOSED. (Kaminski, H)
January 31, 2020 Opinion or Order Filing 196 ORDER signed by District Judge Troy L. Nunley on 1/30/2020 DISCHARGING 191 Order to Show Cause with no sanctions are imposed. Not later than twenty (20) days from the date of electronic filing of this Order, Plaintiff shall file a status report with the Court indicating how he wishes to proceed in this action. (Zignago, K.)
January 9, 2020 Opinion or Order Filing 191 ORDER to SHOW CAUSE signed by District Judge Troy L. Nunley on 1/8/2020 VACATING the 1/13/2020 trial date and Not later than (14) fourteen days from the date of this Order, Plaintiff is ORDERED to SHOW CAUSE in writing as to why the matter should n ot be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute as a result of Plaintiff's refusal to board the transportation vehicle and subsequent failure to appear at trial. Plaintiff is further cautioned that a failure to comply with this order may result in sanctions, including dismissal of this case for failure to prosecute. (Becknal, R)
January 8, 2020 Opinion or Order Filing 190 ORDER signed by District Judge Troy L. Nunley on 01/08/20 GRANTING defendant's 173 Motion to Modify the Pretrial Order to add Nurse Yacoubou as a witness. (Benson, A.)
December 3, 2019 Opinion or Order Filing 169 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/3/2019 ORDERING the Custodian to produce Rashad Dorsey at 9:00 a.m. on 1/13/2020 in Courtroom 2. 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: OTCD) (Henshaw, R)
August 16, 2019 Opinion or Order Filing 154 ORDER signed by District Judge Troy L. Nunley on 8/15/19 ADOPTING in full 152 findings and recommendations and DENYING without prejudice plaintiff's 144 and 148 motions for order. (Kastilahn, A)
July 12, 2019 Opinion or Order Filing 153 ORDER signed by District Judge Troy L. Nunley on 7/11/19 DENYING 150 Motion for Reconsideration. (Kaminski, H)
June 28, 2019 Opinion or Order Filing 152 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/27/2019 DENYING without prejudice as moot 119 , 121 , and 140 Motion for Order in re Ability to Follow Pretrial Order, Motion forOrder to Enable Plaintiff t o Submit Exhibits as Order Directs, and Motion for Order to Enable Plaintiff to Procure Street Cloth[e]s for Trial; DENYING 138 Motion for Extension of Time; TERMINATING 151 Motion for Ruling; DENYING 137 Motion for Formal Hearing in re Sanctio ns and Declaration and 139 Motion for Sanctions and for Formal Hearing; and RECOMMENDING 144 and 148 Motions for Order be denied without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
April 8, 2019 Opinion or Order Filing 147 ORDER signed by District Judge Troy L. Nunley on 4/7/19 ADOPTING the findings and recommendations filed 2/4/19, in full; and DENYING Plaintiff's motions for preliminary injunctive relief seeking an order returning him to CSP-Sac (ECF No. 108 ) and for assistance in obtaining and protecting his legal property (ECF Nos. 105 , 112 , and 117 ) without prejudice. (Becknal, R)
February 6, 2019 Opinion or Order Filing 129 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/6/2019 ORDERING the custodian to produce Rashad Dorsey #F-76700, to testify in USDC at 9:00 a.m. on 4/1/2019 in courtroom 2, before District Judge Troy L. Nunley; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
February 4, 2019 Opinion or Order Filing 120 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/4/2019 ORDERING defendant shall file a supplemental brief within 14 days from the date of this order addressing plaintiff's outstanding concerns regarding his legal property and the applicability of the All Writs Act. IT IS RECOMMENDED that plaintiff's 108 motion for preliminary injunctive relief seeking an order returning him to CSP-Sac be denied without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
February 21, 2018 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/2018 ORDERING Plaintiff to file and serve a pretrial statement and any affidavits necessary to obtain the attendance of witnesses at trial within 30 days of the date of this order. Defendant to file a pretrial statement not later than 30 days after the filing of Plaintiff's statement. Pretrial conference will be conducted on the file only. (Henshaw, R)
January 18, 2018 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/18 ORDERING the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements as described below. The confidential statements shall not be served on the opposing party or filed with the court, but instead delivered by mail, fax, email or personal deliver to the court's ADR division at the address, fax number or email address below and marked "Confidential." (cc: ADR, Director)(Plummer, M)
January 17, 2018 Opinion or Order Filing 85 ORDER ADOPTING 83 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 01/17/18 and DENYING Wright's 74 Motion for Summary Judgment. (Benson, A.)
November 28, 2017 Opinion or Order Filing 83 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/28/2017 DENYING Wright's 66 motion to compel; DENYING without prejudice plaintiff's 67 motion to exclude ; DENYING without prejudice plaintiff� 39;s 71 second motion to exclude; DENYING in part, plaintiff's 70 motion for interviews, with the result that defense counsel must contact inmate Williams as specified in this order; GRANTING in part plaintiff's 73 motion for s ubpoenas and Wright must disclose to plaintiff the names and CDCR numbers of the four inmates in question, within 14 days of the entry of this order. IT IS RECOMMENDED that Wright's 74 motion for summary judgment be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
May 22, 2017 Opinion or Order Filing 79 ORDER ADOPTING 65 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 05/19/17 ORDERING that plaintiff's 51 Motion for an order preventing officials from obstructing his access to the law library, construed as a motion for a preliminary injunction is DENIED. (Benson, A)
April 6, 2017 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/2017 ORDERING, within 21 days, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition.(Yin, K)
March 2, 2017 Opinion or Order Filing 65 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/02/17 ORDERING Plaintiffs motion to amend the complaint 55 is GRANTED. The allegations in the second amended complaint (ECF No. 56) are sufficient to state a potentially cognizable Eighth Amendment excessive force claim against Defendant J.Wright; the due process claim is dismissed without prejudice. Plaintiffs motion for oral argument on his motion to compel and other discovery issues 60 is DENIED. Pl aintiffs motion to compel 52 is DENIED. Plaintiffs motions for telephonic interviews 62 , 63 are DENIED without prejudice. Also, RECOMMENDING that plaintiffs motion for an order preventing officials from obstructing his access to the law library, construed as a motion for a preliminary injunction 51 ,be DENIED. MOTION 51 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M) Modified on 3/2/2017 (Plummer, M).
November 3, 2016 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/3/16 ORDERING that defendants' motion for reconsideration (ECF No. 47 ) is GRANTED. The court's October 27, 2016 order directing the filing of pretrial statements (ECF No. 46 ) is VACATED. The discovery and scheduling order (ECF No. 13 ) is amended as follows: a. The parties may conduct discovery until March 3, 2017. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than January 6, 2017. b. If plaintiff seeks leave to amend the complaint, he must file any motion to amend no later than March 3, 2017.1 c. Dispositive motions shall be filed on or bef ore May 5, 2017. Motions shall be briefed in accordance with paragraph 8 of the order filed August 25, 2015. d. The court will schedule pretrial proceedings, if necessary, upon the resolution of any pretrial motions filed. Requests to modify this schedule will be looked upon with disfavor and must be supported by good cause pursuant to Fed. R. Civ. P. 16(b).(Dillon, M)
October 27, 2016 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2016 ORDERING, within 30 days, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement. Pretrial conference (as described by Local Rule 282) will be conducted on the file only, without appearance of either party. The date for jury trial before a district judge will be set in the pretrial order. (Yin, K)
September 30, 2016 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/16 DENYING 42 Motion to Appoint Counsel. (Dillon, M)
September 22, 2016 Opinion or Order Filing 41 ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS FOR PRISONER SETTLEMENT PROGRAM signed by Magistrate Judge Edmund F. Brennan on 9/21/16. The parties to this action shall each, no later than 30 days from the date of theorder, submit confidential statements as described. (cc ADRP)(Dillon, M)
September 21, 2016 Opinion or Order Filing 40 ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 09/21/16 ORDERING that defendant's 17 Motion for Summary Judgmentis DENIED. (Benson, A)
August 3, 2016 Opinion or Order Filing 36 ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/3/16 ORDERING that Plaintiff's motion to amend complaint (ECF No. 15 ) is GRANTED. This action will proceed based on plaintiffs first amended complaint (ECF N o. 14 ) and the Eighth Amendment excessive force claim against Defendant J. Wright contained therein. Defendant's motion to strike (ECF No. 31 ) is GRANTED and plaintiff's surreply (ECF No. 30 ) is stricken from the record. Defendant&# 039;s motion for protective order (ECF No. 18 ) is DENIED as moot. Plaintiff's motions for telephone interviews (ECF No. 32 & ECF No. 34 ) are DENIED without prejudice. The Clerk of the Court shall randomly assign a United States District Judge to this action. It is RECOMMENDED that defendant's motion for summary judgment (ECF No. 17 ) be denied. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
February 22, 2016 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/2016 GRANTING defendants' 27 motion to modify the scheduling order. The deadlines to conduct discovery and to file dispositive motions will be set by the Court after the pending motion for summary judgment and motion to amend the complaint have been ruled on. (Yin, K)
January 11, 2016 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/11/16 DENYING 21 Motion to Appoint Counsel. (Dillon, M)
August 6, 2015 Opinion or Order Filing 5 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Allen Hammler signed by Magistrate Judge Edmund F. Brennan on 08/06/15. 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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Plaintiff: Allen Hammler
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