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09-3166 - (PC) Wagner v. Posner et al


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09-3166 - (PC) Wagner v. Posner et al
January 8, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 01/07/10 granting 2 Motion to Proceed IFP and DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Moss - Posner, Calvin Schuster, - O'Brien, Samuel Alpine, Andrew Nangalama, Jasdeep Singh Bal. Clerk to send plaintiff: 1 Summons, 6 USM-285 Forms, and 1 copies of the Complaint filed on 11/13/09 to be completed and returned within 30 days. (Plummer, M)
January 8, 2010
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Clinton Wagner signed by Magistrate Judge Gregory G. Hollows on 01/07/10. CDC is to collect monthly 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)
February 17, 2010
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ORDER denying 10 Motion for waiver of court fees signed by Magistrate Judge Kendall J. Newman on 02/16/10. (Plummer, M)
February 17, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/16/10 DIRECTING USM to serve * complaint * filed on * 11/13/09,* on * Moss - Posner, Calvin Schuster, - O'Brien, Samuel Alpine, Andrew Nangalama, Jasdeep Singh Bal*. (Plummer, M)
May 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/26/2010 DENYING pltf's 15 motion to amend and 16 motion for access to the law library and legal materials. (Yin, K)
May 26, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/26/2010 RECOMMENDING defendants' 20 Motion to Dismiss be granted. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days.(Yin, K)
July 7, 2010
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ORDER ADOPTING 29 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 7/7/2010. The 20 Motion to Dismiss is GRANTED and defendants Moss - Posner and Calvin Schuster are TERMINATED. (Marciel, M)
July 22, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/21/10 ORDERING that within twenty-one days of the date of this order, defendants shall respond to plaintiffs motions for injunctive relief. (Dillon, M)
August 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/10 ordering plaintiff's motion to amend 42 is granted as to the proposed claims against defendant Sahato that are not solely based on respondeat superior and the motion to amend is denied as to the proposed amended claims against defendants Bakewell and Warbel. The claims against defendants Schuster and Posner contained in the amended complaint are stricken for the reasons discussed above, the answer filed by defendants Nangalama, Bal and McAlpine to the original complaint is deemed as addressing the amended complaint as the claims against them in both complaints are identical. The clerk of the court shall send plaintiff 1 USM-285 form, 1 summons, instruction sheet and a copy of the 7/28/10 amended complaint to be completed and returned within 30 days. Plaintiff's 07/29/10 motion for appointment of counsel 44 is denied. (Plummer, M)
August 27, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2010 ORDERING that w/in 10 days, dfts to inform the court of the status of the CT scan and AFP testing ordered for pltf by the heptologist at UC Davis on 2/24/10.(Yin, K)
September 7, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/02/10 ordering that plaintiff's untimely opposition 33 and untimely objections 40 are disregarded. (Plummer, M)
October 6, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/5/10 RECOMMENDING that plaintiff's motions for injunctive relief 17 and 18 be DENIED; Referred to Judge Frank C. Damrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
November 3, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2010 ORDERING that the dfts have 14 days to file a reply to pltf's 63 objections. (Yin, K)
November 3, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2010 ORDERING that dfts' 60 motion to modify the scheduling order is GRANTED; the parties may conduct discovery re the new claims against dft Sahota until 2/18/2011; the pretrial motion cut-off date is RE-SET for 5/6/2011.(Yin, K)
November 24, 2010
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AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/24/10 RECOMMENDING that plaintiff's 17 and 18 motions for injunctive relief be denied. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
January 3, 2011
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[SEE 74 AMENDED ORDER] ORDER signed by Magistrate Judge Kendall J. Newman on 12/30/10 DENYING 17 and 18 Motions to compel. (Dillon, M) Modified on 1/14/2011 (Zignago, K.).
January 14, 2011
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ORDER signed by Judge Frank C. Damrell, Jr on 1/12/11 ORDERING the findings and recommendations 71 are ADOPTED IN FULL; and pltf's motions for injunctive relief 17 18 are DENIED. (Carlos, K)
January 14, 2011
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AMENDED ORDER signed by Magistrate Judge Kendall J. Newman on 1/13/2011 DENYING 61 and 62 Motions to Compel. (Zignago, K.)
June 10, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/11 ORDERING that 79 and 80 Notices of Appeal are DISREGARDED.(Dillon, M)
June 22, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)
June 30, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/30/11 ordering that within 21 days of the date of this order, defense counsel shall inform the court of the status of plaintiff's access to his legal materials related to this action. (Plummer, M)
August 12, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/11 ORDERING that within seven days of the date of this order, defendants shall file the further briefing described in this order. (Kastilahn, A)
September 22, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/11 DENYING AS MOOT 87 and 88 Motions; DIRECTING defendants to re-serve plaintiff with their summary judgment motion within 7 days of the date of this order and file proof of service; DIRECTING the Clerk of Court to send plaintiff a copy of 43 amended complaint and copy of docket sheet; and ORDERING plaintiff to inform the court of the status of his access to his legal property within 14 days of the date of this order. (Meuleman, A)
November 14, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/11 ordering plaintiff's 06/20/11 motion for extension of time 82 is denied. Plaintiff's 06/20/11 motion to modify the scheduling order 83 is denied. Plaintiff's motion for court assistance 95 is deemed resolved. Plaintiff's motion for an extension of time 100 is denied. Within 30 days of the date of this order, defendants shall provide plaintiff with the medical records described above. The clerk of the court is directed to send plaintiff copies of the documents marked by plaintiff on the court docket attached to his 11/03/11 motion for extension of time. Plaintiff's opposition to defendants' summary judgment motion is due within 60 days of the date of this order (Plummer, M)
January 19, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 01/18/12 ordering that plaintiff is granted 30 days from the date of this order to file the further briefing discussed above and the report showing the results from his 2005 "hepatitus prof" test. (Plummer, M)
March 20, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/19/12 RECOMMENDING that defendants summary judgment motion 76 be granted, except for the claim that defendant Nangalama did not timely prescribe antiviral medications. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Dillon, M)
July 6, 2012
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ORDER signed by Judge Kimberly J. Mueller on 7/5/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/20/12 108 are ADOPTED in part and rejected in one respect only; and Defendants' 5/6/11 MOTION for SUMMARY JUDGMENT 76 is GRANTED, except as to the claim that defendant Nangalama did not timely prescribe antiviral medications and the claim that defendant Sahota approved non-formulary medications for Plaintiff without examining him. (Mena-Sanchez, L)
July 11, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2012 ORDERING Within 15 days from the date of this order, the parties shall submit confidential settlement statements as set forth above; and the Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park USDC, Sacramento, CA. (cc: ADR S. Park)(Reader, L)
September 14, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/12 granting 102 Motion to Appoint Counsel. The clerk of court, working with the assistance of Sujean Park, is directed to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR Director) (Plummer, M)
September 18, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/12 ordering defendants' summary judgment motion contained notice to plaintiff of the requirements for opposing a motion for summary judgment 76 Defendants' notice substantially complied with the requirements set forth in Woods. For that reason, no further briefing order regarding defendants' summary judgment motion will be issued. (Plummer, M)
October 24, 2012
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15/2012 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Michel, G)ORDER signed by Judge Kimberly J. Mueller on 10/22/2012 APPOINTING Attorney Candice L. Fields as counsel for Plaintiff Clinton Wagner; DIRECTING the Clerk of Court to serve a copy of this order upon Candice Fields; SETTING a Status Conference for 11/
November 20, 2012
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ORDER signed by Judge Kimberly J. Mueller on 11/19/12: Status Conference RESET for 1/31/2013 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller with the expectation that at this hearing the court will set the schedule for the rest of the case. (Kaminski, H)
December 5, 2013
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ORDER signed by Judge Kimberly J. Mueller on 12/4/2013 ORDERING that the 153 Motion to Withdraw as Attorney is GRANTED. Plaintiff will represent himself in this matter. All dates previously set, as reflected in this court's minute order of 9/6/2013, are confirmed. The Clerk of Court is directed to send a copy of this order and of the 9/6/2013 minute order to plaintiff at the address shown on his filing of 10/29/ 2013 (ECF 152), which address will serve as his service address unless or until the court is notified otherwise. (Zignago, K.)
December 18, 2013
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ORDER signed by District Judge Kimberly J. Mueller on 12/11/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Candice Fields is GRANTED. (Crouch, J)
January 15, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 01/15/14 ordering the custodian to produce Clinton Wagner via video conferencing at 1/23/14 at 3:30 p.m. in courtroom 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. (cc: I.T. Dept, Sacramento). (Plummer, M)
February 5, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 2/5/2014 ORDERING Custodian to produce Clinton Wagner at 10:00 a.m. on 3/20/2014 in Courtroom #8 (EFB) before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the Court of anychanges 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)(Waggoner, D)
February 6, 2014
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ORDER signed by Judge Kimberly J. Mueller on 2/5/2014. Defendant's Objection to plaintiff's Expert Witness Disclosure is SUSTAINED to extent plaintiff will not be allowed to call Dr. Rosario or Dr. Torok. (Marciel, M)
March 20, 2014
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/20/2014 ORDERING the custodian to produce Clinton Wagner #P-13327, to testify in USDC at 1:30 PM on 4/7/2014 in courtroom #8, before Magistrate Judge Edmund F. Brennan; 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 fax a copy to the Litigation Coordinator at MCSP. (cc: OTCD-SAC, EFB)(Yin, K)
April 1, 2014
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AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/1/2014 ORDERING the custodian to produce Clinton Wagner #P-13327, to testify in USDC at 10:00 A.M. on 4/7/2014 in courtroom #8, before Magistrate Judge Edmund F. Brennan; 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 shall serve a copy of this order and writ by fax on the Out-to-Court Desk at Mule Creek State Prison. (cc: EFB)(Yin, K)
April 8, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 ordering that the above case has settled. The court now orders that dispositional documents are to be filed not later than 07/07/14. All hearing dates set in this matter, including the jury trial currently set for 4/28/14 are vacated and all pending motions denied as moot. (Plummer, M)
July 8, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/8/14 ORDERING that 180 Motion for Extension is GRANTED. the deadline by which to file documents disposing of the case is enlarged to September 8, 2014.(Dillon, M)