Wolinski v. Lewis et al
Plaintiff: Krzysztof F. Wolinski
Defendant: J. Lewis, J. Porras, R. Ward, D. Brown, M. Gomez, R. Singh, J. Cheeseman, D. Celaya, B. Barrett, Constacio, A. Lopez, W. Golsch, R. Longshore and J. Penaflorida
Case Number: 2:2017cv00583
Filed: March 17, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: Morrison C. England
Nature of Suit: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 8, 2024 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Allison Claire on 5/7/24 GRANTING 98 Motion for Extension of Time. Defendants Joint Response to 96 & 97 Motions due by 5/31/2024. (Kyono, V)
April 15, 2024 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Allison Claire on 04/15/2024 GRANTING the 94 Motion to Modify and MODIFYING the 93 Discovery and Scheduling Order as follows: Discovery and any Motions to Compel due by 5/30/2024 and Dispositive Motions filed by 8/29/2024. (Spichka, K.)
October 26, 2023 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Allison Claire on 10/26/2023 GRANTING 88 Motion for Extension of Time. Defendants shall file a response to 69 Second Amended Complaint by 11/16/2023. (Lopez, K)
October 13, 2023 Opinion or Order Filing 87 ORDER signed by Senior Judge Morrison C. England, Jr., on 10/12/23 DENYING AS MOOT 80 , 82 the Motions for Reconsideration of 77 the magistrate judge's decision denying Plaintiff additional time to file objections. The Court nonetheless construes the Objections and Recommendations subsequently filed at ECF No. 83 as a Motion for Reconsideration of this Court's own dispositive Order at ECF No. 78 . That Motion (ECF No. 83 ) is DENIED. (Kastilahn, A)
September 27, 2023 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Allison Claire on 9/26/2023 DENYING plaintiff's 79 motion for an extension of time as moot. Within 30 days, defendants shall file a response to plaintiff's 69 second amended complaint. (Yin, K)
September 21, 2023 Opinion or Order Filing 78 ORDER signed by Senior Judge Morrison C. England, Jr on 9/18/2023 ADOPTING 75 The Findings and Recommendations in full; The following individuals who have been named as defendants in this action are herein DISMISSED on the grounds that Plaintiff has failed to state viable claims against them: J. Lewis; J. Porras; D. Brown; J. Cheeseman; D. Celaya; B. Barrett; Constacio; and A. Lopez. This action shall proceed against Defendants W. Golsh; J. Penaflorida; R. Longshore; R. Ward; R. Singh; and M. Gomez.(Mena-Sanchez, L)
September 11, 2023 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Allison Claire on 09/11/2023 DENYING the 76 Request for Extension of Time to File Objections to the 75 Findings and Recommendations and DENYING the 76 Request that prison personnel at California Health Care Facility be ordered to give him 10 hours a week of time to do research for his objections to the pending findings and recommendations as moot. (Spichka, K.)
August 21, 2023 Opinion or Order Filing 75 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/18/2023 ORDERING that 69 Second Amended Prisoner Civil Rights Complaint states cognizable claims against the following defendants: W. Golsh, J. Penaflorida, R. Longshore, R. Ward, R. Singh, and M. Gomez. By separate order, after the District Judge rules on the findings and recommendations herein, the court shall direct these defendants to file a response to 69 Second Amended Complaint. It is RECOMMEN DED that the following individuals named as defendants be dismissed for failure to state claims upon which relief may granted: J. Lewis, J. Porras, D. Brown, J. Cheeseman, D. Celaya, B. Barrett, Constacio, and A. Lopez. Referred to District Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
July 1, 2021 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 7/1/2021 GRANTING 67 Motion for Extension of Time and GRANTING Plaintiff up to and including 7/26/2021 to file his second amended complaint. Plaintiff is warned that absent exigent circumstances, no additional requests for extensions of time will be granted. (Henshaw, R)
April 13, 2021 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 4/12/2021 ORDERING 24 Amended Complaint has been screened and found to not state a claim for relief; ORDERING Plaintiff may file an amended complaint within 30 days from the date of service of this order; and GRANTING 62 Motion for Clarification to the extent that responsive information has been provided in this order and is otherwise denied. (Henshaw, R)
April 6, 2020 Opinion or Order Filing 61 ORDER signed by Senior Judge Morrison C. England, Jr. on 4/3/2020 DENYING 50 Motion for Reconsideration; DENYING 60 Motion to Vacate, Set Aside, or Correct Order. The Magistrate Judge's 10/21/2019, and 1/15/2019, orders areAFFIRMED; and No further Motions for Reconsideration of or Motions to vacate these orders will be considered. (Mena-Sanchez, L)
March 23, 2020 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 03/23/20 DENYING 58 Motion for copies and a copy of the court docket in this action. Plaintiff is informed that any further requests of copies for documents without payment will also be denied. (Plummer, M)
November 13, 2019 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Allison Claire on 11/13/2019 DENYING plaintiff's 49 motion for discovery, as premature and duplicative. (Yin, K)
October 21, 2019 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Allison Claire on 10/18/19 DENYING 45 Motion to Compel. (Plummer, M)
August 14, 2019 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Allison Claire on 08/13/19 ORDERING plaintiff Krzysztof Wolinksi (AC-1995), a state prisoner proceeding pro se and in forma pauperis, has been ordered to pay sanctions in the amount of $1,000.00. The California Department of Corrections and Rehabilitation is authorized to collect from Plaintiffs inmate trust account monthly incrementsequal to twenty percent of the preceding months income credited to the trust account, provided that the amount in the trust account exceeds $10, until the sanctions award is paid. (cc: CDC Director)(Plummer, M)
August 1, 2019 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Allison Claire on 08/01/19 DENYING 38 motion to amend or alter judgment. Pursuant to ECF 36 , plaintiff shall pay to defendants $1000.00 in fees as sanctions. Within 14 days of the date of this order, counsel for defendants may file a proposed order with the court that directs the manner in which the appropriate entity shall collect the sanctions amount from plaintiff's prisoner trust fund account. (Plummer, M)
January 15, 2019 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 1/14/19 GRANTING 29 Motion for sanctions. Within 30 days of the date of this order, counsel for defendants shall provide, via sworn declaration, a detailed accounting statement of the time expen ded and the costs the Office of the Attorney General incurred to prepare the motion for sanctions ( 29 , et seq.).Thereafter the court shall impose suitable monetary sanctions upon plaintiff that take defense counsels statements into consideration. The court formally admonishes plaintiff that the conduct identified by defendants has been found deceptive and harassing. Plaintiff shall cease these actions throughout the remainder of these proceedings; and plaintiff is warned that: (a) Similar actions taken by plaintiff in the future may result in a recommendation thathis lawsuit be dismissed; and (b) Plaintiff is required to follow all state and federal rules and laws throughout these proceedings. (Plummer, M)
September 19, 2018 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Allison Claire on 09/19/18 DENYING 31 Motion for an order directing Warden Martel to provide access to the prison law library. Within twenty-one days of the date of this order, plaintiff is ordered to show cause in writing why defendants motion for sanctions 29 should not be granted. (Plummer, M)
January 5, 2018 Opinion or Order Filing 28 ORDER signed by District Judge Morrison C. England, Jr. on 1/3/2018 ADOPTING 14 Findings and Recommendations in full. Plaintiff's 12 Motion to Remand is DENIED. (Zignago, K.)
December 12, 2017 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Allison Claire on 12/12/2017 GRANTING nunc pro tunc 25 Motion for Extension, DENYING as moot 22 Motion to Dismiss, and DENYING due to lack of jurisdiction 26 Motion for a court order. (York, M)
September 25, 2017 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Allison Claire on 9/25/2017 DENYING 19 Motion for Court Order. Within 14 days of this order's entry, defendants' counsel to file a short written statement notifying the court of his findings regarding plaintiff's law library access. (Henshaw, R)
September 11, 2017 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Allison Claire on 09/08/17 ORDERING plaintiff must submit an amended complaint that complies with the requirements of this order within 30 days. (Plummer, M)
September 8, 2017 Opinion or Order Filing 14 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/7/2017 RECOMMENDING plaintiff's 12 motion to remand be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
July 31, 2017 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Allison Claire on 07/28/17 ordering plaintiff will have a final opportunity to submit his motion. Within 30 days of this order's entry, plaintiff should either submit his motion to remand or explain why there is good cause for a further extension. Having already granted plaintiff a ninety-day extension, the court is disinclined to extend the deadline further absent a showing of extraordinary circumstances. (Plummer, M) Modified on 7/31/2017 (Plummer, M).
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Defendant: J. Lewis
Represented By: Andrew James Whisnand
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Defendant: J. Porras
Represented By: Andrew James Whisnand
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Defendant: R. Ward
Represented By: Andrew James Whisnand
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Defendant: D. Brown
Represented By: Andrew James Whisnand
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Defendant: M. Gomez
Represented By: Andrew James Whisnand
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Defendant: R. Singh
Represented By: Andrew James Whisnand
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Defendant: J. Cheeseman
Represented By: Andrew James Whisnand
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Defendant: D. Celaya
Represented By: Andrew James Whisnand
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Defendant: B. Barrett
Represented By: Andrew James Whisnand
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Defendant: Constacio
Represented By: Andrew James Whisnand
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Defendant: A. Lopez
Represented By: Andrew James Whisnand
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Defendant: W. Golsch
Represented By: Andrew James Whisnand
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Defendant: R. Longshore
Represented By: Andrew James Whisnand
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Defendant: J. Penaflorida
Represented By: Andrew James Whisnand
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Plaintiff: Krzysztof F. Wolinski
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