Harris v. Fernan et al
| Wayde Hollis Harris |
| S. Fernan, E. Arnold, T. Wamble, J. Guillory, L. Austin, M. Kuersten, D. Toche, V. Estrella, C. Davis and Special Appearance |
| 2:2017cv00680 |
| March 30, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| 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
121
ORDER signed by District Judge Troy L. Nunley on 1/24/2022 ADOPTING in FULL 120 Findings and Recommendations. GRANTING 109 Motion for Summary Judgment, and this action is DISMISSED. CASE CLOSED(Reader, L)
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Filing
120
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/18/21 RECOMMENDING that defendant's motion for summary judgment 109 be granted; and this action be terminated. Motion 109 referred to Judge Troy L. Nunley. Objections due within 21 days.(Plummer, M)
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Filing
113
ORDER signed by Magistrate Judge Kendall J. Newman on 05/18/2021 GRANTING 112 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file and serve his response.(Rodriguez, E)
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Filing
108
ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2021 GRANTING 106 Motion for Extension of Time; GRANTING 107 Motion to Modify the Scheduling Order; and EXTENDING the deadline for pretrial motions to 4/30/2021. (Henshaw, R)
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Filing
104
ORDER signed by Magistrate Judge Kendall J. Newman on 2/23/2021 ORDERING Plaintiff's 2/18/2021 document is filed under seal. (Henshaw, R)
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Filing
103
ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/2021 DENYING 102 Motion for a Referee. DENYING 95 Motion for Reconsideration; Discovery is closed; and The Pretrial Motions deadline remains set for 3/21/2021. (Mena-Sanchez, L)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2020 ORDERING, within 14 days, plaintiff shall file with the court whatever information he has-allegedly confidential, modified documents, or otherwise. If the court finds it appropriate, the court might then order the information filed under seal. (Yin, K)
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Filing
94
ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/2020 DENYING without prejudice plaintiff's 91 motion for the appointment of counsel. (Yin, K)
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Filing
93
ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2020 DENYING plaintiff's 76 , 86 requests for further production of documents in response to his motion to compel, and requests for reconsideration. Discovery is CLOSED. All pretrial motions, except motions to compel discovery, shall be filed on or before 8/21/2020. Motions shall be briefed in accordance with paragraph 8 of this court's order filed 1/10/2018. (Yin, K)
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Filing
85
ORDER signed by District Judge Troy L. Nunley on 12/18/2019 ADOPTING in full the Findings and Recommendations filed 11/07/2019 (ECF No. 79 ); and DENYING Plaintiff's motion for injunctive relief (ECF No. [78). (Becknal, R)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/19 ORDERING that within 30 days from the date of this order, defendant shall file a sur-reply to plaintiffs November 12, 2019 reply, including, but not limited to, a declaration responding to the August 1, 2019 order (by counsel or Mr. Weeks), as well as a declaration by Mr. Weeks specifically addressing (1) the compilation of the records provided plaintiff; (2) any efforts to locate all of plaintiffs physical medical records; (3) all of the concerns set forth in the August 1, 2019 order and instant order, including, but not limited to, whether Mr. Weeks located any RFS or orders pertaining to plaintiffs GI specialty appointment from November 1, 2016, through December 31, 2016; (4 ) whether plaintiffs medical records from 2016 were scanned into the computer or created in the computer; and (5) whether or not medical records can be modified, edited or altered in the CERNER computer system and if so, how such modifications can be tracked for future reference.(Plummer, M)
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Filing
79
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/07/19 RECOMMENDING that plaintiff's motion for injunctive relief 78 be denied. Motion for Injunctive Relief 78 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
75
ORDER signed by Magistrate Judge Kendall J. Newman on 09/18/19 GRANTING 72 Motion for clarification and GRANTING IN PART 74 Motion for Extension of time. Within 14 days from the date of this order, plaintiff may file a reply to defendants response 71 . (Plummer, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/19 DENYING 63 Motion to Compel. (Mena-Sanchez, L)
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Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2019 CONSTRUING 68 Objections as Request for Reconsideration; GRANTING 68 Request for Reconsideration; and, upon reconsideration, DENYING Request for Further Production to request number 14. (Henshaw, R)
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Filing
66
ORDER signed by Magistrate Judge Kendall J. Newman on 8/1/2019 GRANTING IN PART 59 Motion to Compel. See order for details. (Henshaw, R)
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Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2019 GRANTING 62 Motion for Extension of Discovery Deadline; ORDERING discovery extended solely for the purpose of resolving 63 Motion to Compel; GRANTING Defendant 30 days to file an opposition to 63 Motion to Compel and Plaintiff to file a reply 14 days thereafter; and VACATING 52 Pretrial Motions Deadline and will be reset following resolution of 63 Motion to Compel. No party shall file a dispositive motion until after the court sets the new pretrial motions deadline. (Henshaw, R)
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Filing
54
ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2019 DENYING plaintiff's 53 motion for the court to pay fees. (Yin, K)
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Filing
46
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 8/16/2018 ORDERING the custodian to produce Wayde Hollis Harris G-36394, to testify in USDC at 9:00 a.m. on 9/25/2018 in courtroom #25, before Magistrate Judge Kendall J. Newman; 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
45
ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2018 DENYING without prejudice plaintiff's 44 request. (Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2018 GRANTING 38 Motion to Appoint Counsel; APPOINTING Michael E. Vinding as limited purpose counsel of assisting plaintiff with preparing for and participating in a settlement conference; DENYING 39 Motion to Expedite ADR Hearing; VACATING 6/5/2018 settlement conference; and VACATING 41 Writ of Habeas Corpus Ad Testificandum. Michael E. Vinding's appointment will terminate 15 days after completion of the settlement confere nce or any continuation of the settlement conference. Within 2 weeks from the date of this order, both parties' counsel to contact Magistrate Judge Kendall J. Newman's courtroom deputy to select a new settlement conference date. (cc: Out-To-Court Desk) (Henshaw, R) Modified on 5/10/2018 (Henshaw, R).
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Filing
41
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 05/01/18 ORDERING the Custodian to produce Wayde Hollis Harris on 6/05/18 at 1:30 p.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 a copy of this writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Plummer, M)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 02/12/18 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigne d DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Plummer, M)
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Filing
29
ORDER signed by District Judge Garland E. Burrell, Jr. on 1/12/18 ADOPTING 22 FINDINGS AND RECOMMENDATIONS. Defendant J. Clark Kelso is dismissed from this action. (Kaminski, H)
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Filing
27
ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/2018 DENYING without prejudice plaintiff's 23 , 25 motions for the appointment of counsel. (Yin, K)
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Filing
22
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/20/2017 ORDERING claims against defendants Arnold, Voong, Dr. Largoza, Dr. Chen Yuen, Guillory, and Wamble, are DISMISSED with leave to amend within 30 days. Pla intiff is not obligated to amend the complaint. The allegations are sufficient to state potentially cognizable claims against defendant Dr. Kuersten. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that plaintiff's claims against defendant Clark be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
19
ORDER signed by District Judge Garland E. Burrell, Jr., on 9/19/17, ADOPTING in FULL 14 FINDINGS AND RECOMMENDATIONS. Plaintiff's 3 , 13 motions for injunctive relief are DENIED. (Kastilahn, A)
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Filing
16
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Wayde Hollis Harris signed by Magistrate Judge Kendall J. Newman on 9/6/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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Filing
14
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/29/2017 ORDERING the Clerk to assign a district judge to the case. District Judge Garland E. Burrell, Jr. was randomly added to this case. The case number on all future filed documents shall be: 2:17-cv-0680 GEB KJN (PC). It is hereby RECOMMENDED that 3 & 13 Motions for Injunctive Relief be denied. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Garland E. Burrell, Jr. (Donati, J)
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Filing
11
ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/2017 ORDERING Plaintiff to file reply to the 4/12/2017 response. (Henshaw, R)
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Filing
8
ORDER signed by Magistrate Judge Kendall J. Newman on 4/5/2017 ORDERING the Clerk to serve this order and plaintiff's 3 motion for injuctive relief on Supervising Deputy Attorney General Monica Anderson. Monica Anderson shall file the status report discussed herein within 7 days. (cc: Monica Anderson)(Yin, K)
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