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06-1898 - (PC) El-Shaddai v. Wheeler et al


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06-1898 - (PC) El-Shaddai v. Wheeler et al
March 28, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/27/07 ORDERING that defendant shall, within 10 days from the date of this order, file with the court the original, or a fully legible copy of the complaint that Plaintiff filed in state court.(Mena-Sanchez, L)
May 1, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/1/07: Defendants have 10 days from the date of this order to file the complaint in paper form. (Kaminski, H)
May 24, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/23/2007 ORDERING defendants Turner, Wheeler, Albonico, and Thompson have 20 days from the date this order is served to respond to the complaint and 8 Request for appointment of counsel is DENIED. (Matson, R)
February 12, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/11/08 RECOMMENDING that Defendants 6/6/07 15 motion to dismiss be granted in part and denied in part; and remaining defendants be given 30 days to file an answer to the complaint. Referred to Judge Frank C. Damrell, Jr. Objections to F&R due within 14 days. (Dillon, M)
March 31, 2008
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[REVERSED as to G. Turner - see 150 USCA Opinion] ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 03/31/08. 18 Findings and Recommendations filed 2/12/08 are ADOPTED in FULL. Defts' 6/6/07 15 Motion to Dismiss construed as a motion for summary judgment is GRANTED in part and DENIED in part. The motion by Turner and Thompson for judgment on the claim that they used excessive force against pltf is GRANTED; The motion by Thompson for judgment on the claim that he failed to protect pltf is GRANTED; and, the motion by Albonico and Wheeler for judgment on pltfs retaliation claim is DENIED. The remaining defts are granted 30 days to file an answer to the complaint.(Price, M) Modified on 11/18/2014 (Michel, G).
April 28, 2008
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SECOND AMENDED DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Edmund F. Brennan on 4/25/08 ORDERING that parties may conduct discovery until 8/15/08; all pretrial motions, execept motions to compel discovery, shall be filed by 10/10/08. (Dillon, M) Modified on 4/28/2008 (Dillon, M).
April 29, 2008
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ORDER signed by Judge Frank C. Damrell, Jr. on 04/28/08 ORDERING that 21 plaintiff's Objections to Findings and Recommendations are late and the court does not consider them. (Benson, A)
August 22, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/08 ORDERING that Plaintiff's 8/18/08 Application for Extension of time 34 is GRANTED and Plaintiff has 30 days from the date this order is served to file and serve an opposition to Defendants' Motion for Summary Judgment. (Mena-Sanchez, L)
October 28, 2008
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FINDINGS and RECOMMENDATIONS recommending signed by Magistrate Judge Edmund F. Brennan on 10/28/2008 RECOMMENDING that 29 Motion for Temporary Restraining Order and Preliminary Injunction be denied. Objections to F&R's are due within 14 days. (Streeter, J)
January 22, 2009
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ORDER signed by Judge Frank C. Damrell, Jr on 01/21/09 ADOPTING 40 FINDINGS and RECOMMENDATIONS. The Plaintiff's June 11, 2008, 29 motion for a temporary order and preliminary injunction is DENIED. (Streeter, J) Modified on 1/23/2009 (Streeter, J).
February 5, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/09 DENYING 35 Motion to Compel. (Dillon, M)
March 13, 2009
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FINDINGS and RECOMMENDATIONS recommending that defendants' August 1, 2008, motion for summary judgment be denied 31. Plaintiff be given 30 days to file and serve a pretrial statement. Defendants be given 15 days to file and serve a pretrial statement. Objections to F&R due by within fourteen days signed by Magistrate Judge Edmund F. Brennan on 5/13/09. (Kaminski, H) Modified on 11/17/2009 (Mena-Sanchez, L).
April 15, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/15/09 ordering that attorneys for defendants shall appear with full settlement authority and this matter is referred for mediation with Magistrate Judge Kellison on 04/28/09 at California Substance Abuse Treatment Facility, and this case is stayed pending the outcome of mediation. Within 30 days of the settlement conference, Judge Kellison shall file a report indicating the outcome of the proceedings. (Plummer, M)
November 17, 2009
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ORDER signed by Judge Frank C. Damrell, Jr on 11/16/09 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/13/09 46 are adopted in full. Defendants' 8/1/08 Motion for Summary Judgment 31 is DENIED. Plaintiff is given 30 days to file and serve a pretrial statement; and Defendants are given 15 days to file and serve a pretrial statement. (Mena-Sanchez, L)
March 29, 2010
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ORDER signed by Judge Frank C. Damrell, Jr on 3/29/10 ORDERING that: Defendants' motion for clarification is denied as moot; Plaintiff's 8/27/09 motion to compel production of legal property is denied; and Plaintiff's motion for a 30-day extension of time to file pretrial statement is denied as unnecessary. (Becknal, R)
September 27, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/27/10 denying 68 Motion to Appoint Counsel. (Dillon, M)
October 28, 2010
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/27/10 ordering the court hereby orders plaintiff to show cause within 21 days of the date of this order why his incarcerated witnesses should not be stricken from the pretrial order or, alternatively, to file a motion for an order directing production of the witnesses at trial in accordance with the requirements of the discovery and scheduling order quoted above.(Plummer, M)
February 3, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/3/11 ORDERING Plaintiff's 1/27/11, request is granted and plaintiff has up to and including 2/24/11, to file and serve an opposition to defendants' motion. The trial, currently set for 3/15/11, is VACATED, to be reset, if appropriate, following disposition of the pending motion. (Becknal, R)
April 5, 2011
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FINDINGS and RECOMMENDATIONS, recommending that defendants' 78 Motion to Declare plaintiff a vexatious litigant be denied and Trial date be re-set, signed by Magistrate Judge Edmund F. Brennan on 4/5/2011. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
June 13, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 6/10/11 ADOPTING 89 FINDINGS AND RECOMMENDATIONS and DENYING Motion to Declare Plaintiff a Vexatious Litigant; Trial Confirmation Hearing set for 7/20/2011 at 11:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Meuleman, A)
July 1, 2011
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/01/11 ordering the custodian to produce Adonai El-Shaddai also known as James Wilkerson on July 20, 2011 at 11:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)
August 12, 2011
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TRIAL CONFIRMATION ORDER signed by District Judge Kimberly J. Mueller on 8/11/11; The Amended Pretrial Order of July 27, 2011, is confirmed except as setforth herein; 99 Motion for Continuance of Trial is denied; Trial by jury will commence on October 3, 2011 at 9:00 a.m.; The jury will be composed of eight jurors; Defendants will allow plaintiff to inspect the belt restraints the morning of trial; The fact of a felony conviction may be elicited, but the details of the felony conviction and disciplinary record of plaintiff or witnesses will not be admitted at trial, unless any prior involved dishonesty or the making of a false statement; Plaintiff's motion for a Martinez report is denied; Appointment of counsel for plaintiff is referred to ADR and Pro Bono Coordinator Sujean Park; and Plaintiff's request for subpoenas for incarcerated witnesses is submitted with an order to issue in the near future. (Matson, R)
September 1, 2011
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 8/31/2011 ORDERING the Custodian to produce the PERSONAL APPEARANCE of Adonai El-Shaddai, AKA James Wilkerson, Inmate #C-08082, Conmerencing at 9:00 AM for Jury Trial on 10/3/2011 in Courtroom No. 3 before District Judge KIMBERLY J. MUELLER; 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. (Warden CSP-Corcoran, OTD) (Reader, L) Modified on 9/1/2011 (Reader, L).
September 21, 2011
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ORDER signed by Judge Kimberly J. Mueller on 9/20/2011 DENYING Pltf's 105 Motion for settlement conference. (Zignago, K.)
August 29, 2012
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ORDER signed by Judge Kimberly J. Mueller on 8/27/12 ORDERING that Plaintiff's objections to the bill of cost are overruled. The bill of costs shall be taxed by separate order. (Kastilahn, A)
June 30, 2015
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STIPULATION AND PROTECTIVE ORDER signed by Judge Kimberly J. Mueller on 6/29/15 re:157. (Meuleman, A)
February 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 2/8/17. The Court DENIES Wilkerson's MOTION for Costs 161, 163. (Mena-Sanchez, L) Modified on 2/9/2017 (Plummer, M).