(PC) Harris v. Pongyang et al
| William James Harris |
| Pongyang, Uribe, Stewart, Hollaway and Special Appearance |
| 2:2021cv00846 |
| May 10, 2021 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| Troy L Nunley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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Filing 23
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Pongyang on 6/8/2021, Answer due 8/9/2021. Attorney Bragg, R. Lawrence added as counsel of record. (Bragg, R.)
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Filing 22
OBJECTIONS by Plaintiff William James Harris to #17 Findings and Recommendations. (Tupolo, A)
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Filing 21
NOTICE OF INTENT TO WAIVE SERVICE by defendant Desiree Pongyan. AG Waiver of Service due in 30 days. (Kastilahn, A)
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Filing 20
SUMMONS ISSUED as to *Pongyang* with answer to complaint due within *21* days. Attorney *William James Harris P-17060* *CALIFORNIA STATE PRISON, SACRAMENTO (290066)* *P.O. BOX 290066* *REPRESA, CA 95671-0066*. (Henshaw, R)
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Filing 19
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 6/8/2021. Consent or Decline due by 7/12/2021. (Henshaw, R)
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Filing 18
ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2021 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant: *Pongyan*. Operative Complaint, Order re Consent, Summons, Notice of E-Service Waiver and this Order served via email on CDCR. (Attachments: #1 CDCR Notice of Waiver) (Henshaw, R)
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Filing 17
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/8/2021 ORDERING Clerk to assign a district judge to this action and RECOMMENDING #2 Motion for TRO be denied. Assigned and 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 16
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman. The new case number is: 2:21-cv-0846 TLN KJN (PC). (Henshaw, R)
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SERVICE BY MAIL: #18 Order and #17 Order and Findings and Recommendations served on William James Harris. (Henshaw, R)
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Filing 15
RESPONSE by Special Appearance to #2 Motion for TRO. Attorney Bragg, R. Lawrence added. (Bragg, R.)
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Filing 14
NOTICE to PROCEED by William James Harris (Reader, L)
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Filing 13
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Rodriguez, E)
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Filing 12
RESPONSE regarding TRO by William James Harris to #8 Order. (Reader, L)
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Filing 11
PRISONER TRUST FUND ACCOUNT STATEMENT by William James Harris (Rodriguez, E)
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Filing 10
DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on the Director of CDCR pursuant to #7 Order Directing Prisoner Payment. (Yin, K)
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Filing 9
DOCUMENT(S) SERVED ELECTRONICALLY: Screening Order, Complaint, and Motion for Temporary Restraining Order served on Monica Anderson pursuant to #8 Order Directing Response. (Attachments: #1 Complaint, #2 TRO) (Yin, K)
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Filing 8
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2021 ORDERING the Clerk to serve the instant order, the order screening plaintiff's complaint, plaintiff's complaint and plaintiff's motion for a temporary restraining order on Supervising Deputy Attorney General Monica Anderson. Supervising Deputy Attorney General Monica Anderson shall respond to plaintiff's #2 motion for injunctive relief within 14 days. (cc: Monica Anderson) (Yin, K)
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Filing 7
ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Trust Account of William James Harris signed by Magistrate Judge Kendall J. Newman on 5/13/2021.The appropriate agency 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 6
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2021 GRANTING plaintiff's #3 request to proceed ifp. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. Claims against defendants Stewart, Hollaway and Uribe and the Eighth Amendment claim against defendant Pongyan are dismissed with leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to attempt to state cognizable claims against these defendants. Plaintiff is not obliged to amend his complaint. The allegations in the pleading are sufficient to state a potentially cognizable retaliation claim against defendant Pongyan. If plaintiff opts to proceed on his original complaint as to these defendants, he shall return the attached notice within 30 days. Failure to comply with this order will result in a recommendation that this action be dismissed. (Yin, K)
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SERVICE BY MAIL: #6 , #7 , #8 Orders served on William James Harris. (Yin, K)
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Filing 5
CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for William James Harris, CDC P-17060 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Henshaw, R)
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Filing 4
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *5/10/2021*; Consent or Decline due by 6/14/2021. (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Coll, A)
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SERVICE BY MAIL: #4 Prisoner New Case Documents for Magistrate Judge as Presider served on William James Harris. (Coll, A)
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Filing 3
MOTION to PROCEED IN FORMA PAUPERIS by William James Harris. (Coll, A)
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Filing 2
MOTION for TEMPORARY RESTRAINING ORDER by William James Harris. (Coll, A)
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Filing 1
PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by William James Harris. (Attachments: #1 Civil Cover Sheet)(Coll, A)
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