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02-1563 - (PC) Sprinkle v. Robinson, et al


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02-1563 - (PC) Sprinkle v. Robinson, et al
June 8, 2005
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ORDER signed by Judge Peter A. Nowinski on 6/7/05 ORDERING Pltf's request for the appointment of counsel 37 is DENIED. Pltf's request for extension to oppose summary judgment 36 is GRANTED. Pltf's opposition is due 30 days from date this order is served. (Girgis, C) Modified on 6/13/2005 (Girgis, C).
August 3, 2005
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ORDER signed by Judge Peter A. Nowinski on 8/2/05 ORDERING pursuant to the schedule 23 made 11/17/04, pltf's pretrial statement is due 8/10/05, dfts' pretrial statement is due 8/24/05, and pretrial conference is set for 8/31/05. Since dfts' motion for summary judgment is pending, the above dates are VACATED. (Girgis, C)
February 28, 2006
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ORDER signed by Judge John F. Moulds on 2/28/06 DENYING pltf's 5/3/05 29 Motion for Production of an Incarcerated Witness. (Brown, T)
March 2, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 3/1/2006 recommending that defendant's 5/10/2005 33 motion for summary judgment be granted. (Matson, R)
March 31, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/30/06 ORDERING that the court DECLINES to adopt the magistrate judge's 3/1/06 Findings and Recommendations 46 and REMANDS the case to the magistrate judge for further proceedings consistent with this order. (Duong, D)
August 18, 2006
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ORDER signed by Judge John F. Moulds on 8/17/06: Defendants' May 10, 2005 motion for summary judgment is DENIED 33. Each party is granted thirty days from the date of this order to file, as appropriate, a motion for summary judgment accompanied by all evidence relevant to disposition of such motion. (Kaminski, H)
September 7, 2006
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ORDER signed by Judge John F. Moulds on 9/7/2006 GRANTING 53 Request filed by Leon Robinson and John - Pierce; It is ORDERED that the deadline for filing a motion for summary judgment shall be extended 30 days to 10/18/2006. (Matson, R)
November 15, 2006
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ORDER signed by Judge Edmund F. Brennan on 11/15/06 ORDERING that: pltf's 10/12/06 62 Request for an Extension of Time is DENIED as Moot; and pltf's 64 Motion for Summary Judgment and 65 Response in opposition to dfts' Motion for Summary Judgment are deemed timely filed. (Brown, T)
August 20, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 8/17/2007 ORDERING that Motion to Strike filed by Mark Wayne Sprinkle is DENIED; 68 MOTION to QUASH filed by Mark Wayne Sprinkle is DENIED and construed as a reply to defendants' opposition to plaintiff's motion for summary judgment. Plaintiff's Motion for Sanctions is DENIED. Hereby RECOMMENDING that 55 Defendant's Motion for Summary Judgment be denied and that 64 Plaintiff's Motion for Summary Judgment be granted as to liability and that the matter be remanded to set a schedule briefing as to damages, including whether there are disputed issues of material fact as to damages. Motion referred to Judge Lawrence K. Karlton. Objections may be filed w/i 20 days after service of findings and recommendations.(Waggoner, D)
September 26, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 71, in full, signed by Judge Lawrence K. Karlton on 9/26/07. Defendants' 55 Motion for Summary Judgment is DENIED. Plaintiff's 64 is GRANTED as to liability. The matter is REMANDED to Magistrate Judge to set schedule for briefing as to damages. (Marciel, M)
October 15, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/12/07 DENYING 77 Plf's Motion to Appoint Counsel. (Benson, A)
October 16, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/16/07 ORDERING that aSettlement Conference is set for 11/15/07 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. The Court will issue a writ of habeas corpus ad testificandum for plf's appearance; settlement conference statements are due 7 days prior to the conference. (Benson, A)
October 16, 2007
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Edmund F. Brennan on 10/16/2007 ORDERING a writ be issue commanding Warden Richard Subia to produce Mark Wayne Sprinkle to testify in USDC at 10:00 a.m. 11/15/2007 in Courtroom #25. (cc: USM)(Matson, R)
November 15, 2007
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ORDER signed by Judge Edmund F. Brennan on 11/15/07 ordering the parties to brief the issues contained in the district judge's 09/26/07 order. The parties' briefs shall be filed not later than 30 days from the date of service of this order. (Plummer, M)
February 12, 2008
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Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the Honorable Lawrence K. Karlton will be set in the forthcoming pretrial order. (Duong, D)ORDER signed by Magistrate Judge Edmund F. Brennan on 2/12/08 ORDERING that plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial within 30 days of the date this order is served. Plaintiff's failure to file a pretrial statement may result in the imposition of sanctions, including dismissal of this action. Defendants shall file their pretrial statement within 15 days of the date plaintiff serves his pretrial statement.
February 29, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/29/08 DENYING 90 motion for reconsideration. (Manzer, C)
May 5, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/2/08 DENYING 97 Motion for Certification for interlocutory appeal and to stay the proceedings. (Becknal, R)
July 16, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/16/09 ordering plaintiff has 30 days from the date this order is served to file and serve a response to the 06/15/09 pretrial order or to defendant's objections thereto, and to comply with the witness requirements set forth in the 02/12/08 order. ( Trial Confirmation Hearing continued to 9/28/2009 at 11:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.) Not later than 30 days preceding the trial confirmation hearing, the court will issue a writ to provide plaintiff's attendance by videoconference. (Plummer, M)
August 13, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/13/09 ORDERING that defendants' 105 Motion for Reconsideration is DENIED. (Becknal, R)
August 26, 2009
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ORDER AND WRIT ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/26/09 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian to produce Mark Wayne Sprinkle K-24619, to appear by video-conferencing at Mule Creek State Prison, 9/28/09, at 11:15 a.m., before Judge Lawrence K. Karlton; Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian w/ a copy of this writ. Clerk to serve a copy of this order and writ on Warden Michael Martel. (Yin, K)
October 6, 2009
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ORDER denying 108 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 10/06/09. (Plummer, M)
October 6, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/06/09 ordering the parties are hereby ordered to brief the issues contained in the district judge's 09/29/09 order. Within 30 days from the date of service of this order, plaintiff shall file his opening brief on these questions. Within 2 weeks of th service and filing of plaintiff's brief, defendants shall file their response brief. Plaintiff's reply, if any, shall be filed within 2 weeks of service of defendant's response brief. (Plummer, M)
October 28, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/28/13 ORDERING that within 21 days of the date of this order, the parties shall either submit a copy of that petition to the court or stipulate that, with the exception of a single page entitled Answer to Superior Courts Denial Without Valid Opinion, the petition filed in the California Court of Appeal is identical to the superior court petition that underlies this action. (Dillon, M)
August 6, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/6/14 ORDERING that Plaintiffs motion for appointment of counsel 150 is granted. This case is referred to Sujean Park, the courts ADR & Pro Bono Coordinator to attempt to locate pro bono counsel to represent plaintiff in these proceedings. If an attorney can be found to represent plaintiff, that attorney shall be appointed as counsel for plaintiff in this matter until further order of the Court. All proceedings in this action are STAYED until four (4) weeks from the date an attorney is appointed to represent plaintiff in this action or until the Court otherwise lifts the stay. It is further RECOMMENDED that the court conduct a jury trial to determine the amount of damages due to plaintiff. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (cc ADRP)(Dillon, M)
November 10, 2014
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ORDER signed by Judge John A. Mendez on 11/7/2014. The 8/6/2014 154 FINDINGS and RECOMMENDATIONS are NOT ADOPTED at this time. This matter is REFERRED back to Magistrate Judge Edmund F. Brennan for further proceedings. (Marciel, M)
January 14, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/2015 APPOINTING attorney M. Greg Mullanax to represent Mark Wayne Sprinkle for the limited purpose of briefing the Heck issue as delineated in the district court judge's order dated 11/7/2014 at ECF No. 157 ; Mr. Mullanax's appointment will continue through the resolution of that issue, or until further order of the court; appointed counsel shall notify Sujean Park with any questions related to the appointment; and the Clerk shall serve a copy of this order upon M. Greg Mullanax. (cc: ADR)(Yin, K)
March 5, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/15. Pursuant to the order of the district judge dated November 10, 2014 157, the parties are directed to file briefs within 30 days of the date of this order addressing whether plaintiff may recover money damages premised on a finding that his state habeas petition would have been granted absent defendants unconstitutional conduct or whether such damages are barred by Heck v. Humphrey, 512 U.S. 477 (1994). The parties should include in their briefs a discussion of whether a habeas corpus remedy remains available to plaintiff and the consequences if it does not.(Dillon, M)
March 22, 2017
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eed to a jury trial on his claim for any losses that are unrelated to alleged wrongful incarceration; for example, compensation for time spent preparing the petition and the costs of filing it. Philips, 477 F.3d at 1082 (Awarding the costs of the underlying suit recognizes that [plaintiff] incurred those costs in the expectation that he would be able to exercise those rights and press his legal contentions to the full extent permitted by law, and even if he was ultimately unsuccessful.); McCullough, 2007 U.S. Dist. LEXIS 84072, at *13-14 (measuring damages by hours worked by the plaintiff to prepare the underlying petition). He may also seek an award of nominal damages if he cannot establish that he suffered any compensatory damages.Further, he can attempt to prove entitlement to punitive damages. However, for the reasons set forth above, it is FURTHER RECOMMENDED that the court disallow any damages claimed for wrongful incarceration. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 3/22/2017 (Plummer, M).ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/22/17 ORDERING the findings and recommendations issued on 08/06/14 contained in 154 are hereby VACATED. Also, RECOMMENDING that plaintiff be allowed to proc
June 29, 2017
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ORDER signed by District Judge John A. Mendez on 6/28/2017 ADOPTING IN FULL 166 Findings and Recommendations; ALLOWING the plaintiff to proceed to a jury trial on his claim for any losses that are unrelated to alleged wrongful incarceration, to seek an award of nominal damages if he cannot establish that he suffered and compensatory damages, and to attempt to prove entitlement to punitive damages; DISALLOWING any damages claimed for wrongful incarceration; REFERRING this matter back to the magistrate judge to direct the filing of pretrial statements and preparation of a pretrial order. (Michel, G.)
August 11, 2017
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nference (as described in LR 282) will be conducted on the file only, without appearance by either party. The date for jury trial before the district judge will be set in the pretrial order.(Yin, K) Modified on 8/18/2017 (Yin, K).[VACATED PURSUANT TO 174 ORDER] ORDER signed by Magistrate Judge Edmund F. Brennan on 8/10/2017 ORDERING, within 28 days, the parties shall submit a joint pretrial statement in accordance with the requirements of LR 281 and this order. Pretrial co
August 18, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/17/2017 GRANTING the 173 motion to withdraw as counsel and M. Greg Mullanax is DISCHARGED from further representation of plaintiff in this matter. The 8/11/2017 order 172 is VACATED, and the parties shall file separate pretrial statements in accordance with LR 281. Within 30 days, plaintiff shall file and serve his pretrial statement and any motions necessary to obtain trial witnesses. Defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's pretrial statement. Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the district judge will be set in the pretrial order. (Yin, K)
September 11, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2017 DENYING 176 Request for Appointment of Counsel. (Henshaw, R)
December 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/2017 DENYING 188 Motion for Reconsideration of Motion for Appointment of Counsel. (Henshaw, R)
January 30, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/18 ORDERING ( Settlement Conference set for 3/1/2018 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston.) At least 21 days before the settlement conference, plaintiff SHALL submit to defendant, by mail, a written itemization of damages and a meaningful settlement demand, which includes a brief explanation of why such a settlement is appropriate, not to exceed ten pages in length. Thereafter, no later than 14 days before the settlement conference, defendant SHALL respond, by telephone or in person, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate. If settlement is achieved, defense counsel is to immediately inform the courtroom deputy of Magistrate Judge Thurston. If settlement is not achieved informally, each party shall provide a confidential settlement statement to the following email address: [email protected] shall mail his confidential settlement statement Attn: Magistrate Judge Jennifer L. Thurston, USDC CAED, 510 19th Street, Suite 200, Bakersfield, CA93301. The envelope shall be marked Confidential Settlement Statement. Settlement statements shall arrive no later than February 22, 2018. Parties shall also file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)). Settlement statements should not be filed with the Clerk of the court nor served onany other party. Settlement statements shall be clearly marked confidential with the date and time of the settlement conference indicated prominently thereon. (cc: JLT) (Plummer, M) Modified on 1/30/2018 (Plummer, M).
January 30, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/29/18 ORDERING the Custodian to produce Mark Wayne Sprinkle on 03/01/18 at 9:30 a.m. at the U.S. District Court 510 19th street, Bakersfield, CA 93301. 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. (cc: JLT) (Plummer, M) Modified on 1/30/2018 (Plummer, M).
February 27, 2018
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ORDER vacating Settlement Conference. ORDER vacating Writ of Ad Testificandum re 193, 194, 196 signed by Magistrate Judge Jennifer L. Thurston on 2/27/2017. (Lundstrom, T)
March 20, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/18 ORDERING the court will issue writs of habeas corpus ad testificandum to secure the presence of plaintiff and his other incarcerated witness, Thomas Hightower,at trial, but plaintiff must comply with the procedures set forth in the court's order of 08/18/17 174 if he wishes to secure the presence of Mr. Equels. (Plummer, M)
March 20, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 03/20/18 ORDERING the Custodian to produce Mark Wayne Sprinkle on 5/07/18 at 8:30 a.m. in courtroom 6 before District Judge John A. Mendez. The 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) (Plummer, M)
March 20, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 03/20/18 ORDERING the Custodian to produce Thomas Hightower on 5/07/18 at 8:30 a.m. in courtroom 6 before District Judge John A. Mendez. The 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) (Plummer, M)
April 17, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/17/2018 ORDERING within 14 days, defense counsel shall inquire into the status of plaintiff's access to his legal property and file a declaration informing the court of whether plaintiff's property has been returned to him. (Yin, K)
April 17, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/17/2018 AMENDING 206 Order. On or before 4/23/2018, defense counsel shall file a declaration informing the court of whether the legal property pertaining to this case has been returned to Plaintiff, or, if it has not, when it will be returned to him. The court will closely scrutinize any denial of access to such property this close to trial. (Henshaw, R)
May 7, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge John A. Mendez on 5/7/2018 ORDERING the Custodian to produce Mark Wayne Sprinkle at 1:00 PM on 5/8/2018 in Courtroom 6 before District Judge John A. Mendez. 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) (Zignago, K.)
May 8, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge John A. Mendez on 5/8/2018 ORDERING the Custodian to produce Thomas Hightower at 9:00 a.m. on 5/9/2018 in Courtroom 6 before the Honorable District Judge John A. Mendez. 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)