Hammler v. Wright
| Allen Hammler |
| J. Wright |
| 2:2015cv01645 |
| August 3, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| 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
210
ORDER signed by District Judge Troy L. Nunley on 4/30/2021 DENYING 207 Motion for Reconsideration. (Mena-Sanchez, L)
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Filing
206
ORDER signed by District Judge Troy L. Nunley on 2/9/2021 ADOPTING IN PART and REJECTING IN PART 203 Findings and Recommendations. Plaintiff's 201 Motion for Reconsideration is GRANTED. Upon reconsideration, Plaintiff's request to reopen this case and set a new trial date is DENIED. (Zignago, K.)
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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)
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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)
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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.)
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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)
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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.)
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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)
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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)
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Filing
153
ORDER signed by District Judge Troy L. Nunley on 7/11/19 DENYING 150 Motion for Reconsideration. (Kaminski, H)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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).
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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)
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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)
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Filing
43
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/16 DENYING 42 Motion to Appoint Counsel. (Dillon, M)
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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)
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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)
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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)
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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)
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Filing
23
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/11/16 DENYING 21 Motion to Appoint Counsel. (Dillon, M)
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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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