Hammler v. Director of CDCR et al
| Allen Hammler |
| Director of CDCR, Secretary of CDCR and CDCR |
| 2:2017cv01949 |
| September 20, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Monterey |
| Deborah Barnes |
| 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
97
ORDER ADOPTING 95 Findings and Recommendations in full signed by Senior Judge Morrison C. England, Jr. on 03/25/20 GRANTING 67 Motion to Dismiss. CASE CLOSED (Benson, A.)
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Filing
95
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/10/20 DENYING 84 Motion to file a surreply. Also, RECOMMENDING that defendant's motion to dismiss 67 be granted. Motion to Dismiss 67 referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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Filing
94
ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2020 DENYING without prejudice plaintiff's 77 motion for summary judgment. (Yin, K)
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Filing
89
ORDER ADOPTING 74 Findings and Recommendations in full signed by District Judge Morrison C. England, Jr. on 10/29/19 DENYING 70 Motion for Preliminary Injunction. (Benson, A.)
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Filing
76
ORDER signed by District Judge Morrison C. England, Jr on 9/10/19 ADOPTING 61 Findings and Recommendations and DENYING 54 Motion for injunctive relief. (Kaminski, H)
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Filing
74
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 09/04/19 DENYING 69 Motion to enforce the court's 7/11/19 order. Also, RECOMMENDING that plaintiff's motion for injunctive relief 70 be denied. MOTION for INJUNCTIVE RELIEF 70 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
68
ORDER signed by District Judge Morrison C. England, Jr., on 8/6/19 ADOPTING in full 53 findings and recommendations and DENYING 52 Plaintiff's motion for injunctive relief. (Kastilahn, A)
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Filing
61
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/11/19 GRANTING 49 Motion to Amend. Plaintiff's second amended complaint 50 states potentially cognizable claims against the defendant. The second amend ed complaint shall now serve as the operative complaint. Counsel for defendant is instructed to: a. Contact the California State Prison, Corcoran Litigation Coordinator to determine what, if anything is presently being done to address plaintiffs saf ety concerns; and b. Within fourteen days after the filing date of this order, file and serve a statement reflecting the findings of such an inquiry, including all appropriate declarations. Also, RECOMMENDING that plaintiff's motion for injunctive relief 54 be denied. Motion for Injunctive Relief 54 referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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Filing
53
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/12/2019 RECOMMENDING 52 Motion for Injunctive Relief be denied. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
51
ORDER signed by Magistrate Judge Deborah Barnes on 6/7/2019 DIRECTING defendant to file and serve a response to plaintiff's 49 Motion to Amend within 14 days. This action remains stayed in all other respects. (York, M)
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Filing
48
ORDER signed by Magistrate Judge Deborah Barnes on 05/20/19 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. Each party sh all 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 the assigned Deputy Attorney General. (cc: assigned Deputy Attorney General) (Plummer, M)
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Filing
46
ORDER signed by District Judge Morrison C. England, Jr. on 4/22/2019 ADOPTING 39 findings and recommendations in full. Plaintiff's 38 Motion for Injunctive Relief is DENIED. (Zignago, K.)
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Filing
39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/3/2019 RECOMMENDING plaintiff's 38 motion for injunctive relief be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
34
ORDER signed by District Judge Morrison C. England, Jr on 1/22/19 ADOPTING in full the findings and recommendations filed 12/7/18 (ECF No. 30 ); and DENYING Plaintiff's motion for injunctive relief (ECF No. 27 ). (Becknal, R)
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Filing
30
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/7/2018 RECOMMENDING plaintiff's 27 motion for injunctive relief be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
23
ORDER adopting in full 14 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 4/30/18. Plaintiff's 7 motion for preliminary injunction is DENIED. Plaintiff's 10 motion for class certification is DENIED. The California Department of Corrections and Rehabilitation is DISMISSED as a defendant. (Kastilahn, A)
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Filing
18
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Allen Hammler signed by Magistrate Judge Deborah Barnes on 04/12/18. 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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Filing
14
ORDER AND FINDINGS AND RECOMMENDATONS signed by Magistrate Judge Deborah Barnes on 3/14/18 ORDERING that Plaintiff's Motion for leave to proceed in forma pauperis (ECF No. 9 ) is GRANTED; Plaintiff is obligated to pay the statutory filing f ee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). All fees shall be collected and paid in accordance with this Court's order to the Dir ector of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiff's complaint is DISMISSED with leave to amend. Plaintiff is GRANTED thirty days from the date of service of this order to file an amen ded complaint. The Clerk of the Court is directed to randomly assign this matter to a District Judge. This CASE IS ASSIGNED to District Judge Morrison C. England, Jr. and Magistrate Judge Deborah Barnes for all further proceedings. The New Case N umber is 2:17-cv-1949 MCE DB (PC); IT IS HEREBY RECOMMENDED that Plaintiff's Motion for Preliminary Injunction 7 be denied; Plaintiff's Motion for Class Certification 10 be denied; and the California Department of Corrections and Reh abilitation be dismissed as a defendant. The Clerk of the Court is directed to serve a copy of this order on Ms. Monica Anderson, Supervising Deputy Attorney General. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
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Filing
6
ORDER signed by Magistrate Judge Deborah Barnes on 10/25/2017 GRANTING 5 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file his request to proceed in forma pauperis. (Hunt, G)
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Filing
3
ORDER signed by Magistrate Judge Deborah Barnes on 9/29/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, an affidavit in support of IFP request or the required fees in the amount of $400. (Henshaw, R)
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