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12-2440 - (PC) Manning, et al., v. CDCR, et al.,


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12-2440 - (PC) Manning, et al., v. CDCR, et al.,
October 16, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/16/12 ordering that the complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within 28 days from the date of service of this order. (Plummer, M)
February 21, 2013
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ORDER signed by Magistrate Judge Allison Claire on 02/20/13 ordering the court hereby grants the joint stipulation that defendants B. Humphries, L. Johnson, A. Ralls and R Wenker have until 03/21/13 to file a responsive pleading to plaintiff's first amended complaint. (Plummer, M)
March 11, 2013
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ORDER signed by Magistrate Judge Allison Claire on 3/8/2013 and agreed between the parties to CONTINUE the 25 Motion to Dismiss Hearing for 4/10/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Yin, K)
May 13, 2013
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ORDER signed by Magistrate Judge Allison Claire on 5/13/13 ORDERING that 58 Motion for an ex parte in camera hearing is DENIED; So long as plaintiff Manning is represented by counsel, he must communicate with this court solely through counsel; and absent a change in the status of counsel, any future effort by plaintiff Manning to communicate directly with this court will be disregarded without further order of the court.(Dillon, M)
May 24, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/23/13 recommending that the motions to dismiss 19, 25 and 45 be granted as follows: Claim 1 alleging violation of the Eighth Amendment and pendant state law claims based on the Valley Fever allegations, and the related prayer for injunctive relief regarding medical care for Valley Fever, be dismissed with prejudice. Claims 3 and 4, alleging negligence, be dismissed with prejudice. Claim 5, alleging tortious interference with contract and/or interference with prospective business advantage, be dismissed with prejudice. Plaintiff's prayer for injunctive relief in the form of an order preventing his transfer be dismissed with prejudice. Claim 2 be dismissed without prejudice, and plaintiff's be granted leave to amend their claim(s) premised on violations of the First Amendment, retaliation for the exercise of First Amendment rights, and related conspiracy. The second amended complaint be filed no later than 28 days following the district judge's adoption of these findings and recommendations should that occur. Motion 19, 25 and 45 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
August 5, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr. on 8/5/2013 ADOPTING, in full, 63 Findings and Recommendations; GRANTING 19, 25, 45 Motions to Dismiss; DISMISSING, with prejudice, Count One alleging violation of the Eighth Amendment and pendent state law claims based on the Valley Fever allegations and the related prayer for injunctive relief; DISMISSING, with prejudice, Counts Three and Four alleging negligence; DISMISSING, with prejudice, Claim Five alleging tortious interference with contract and/or interference with prospective business advantage; DISMISSING, with prejudice, Plaintiff's prayer for injunctive relief in the form of an order preventing his transfer; DISMISSING, without prejudice, WITH LEAVE TO AMEND Claim Two premised on violations of the First Amendment, retaliation for the exercise of First Amendment rights, and related conspiracy; ORDERING the plaintiff to file an Amended Complaint within 28 days. (Michel, G)
November 20, 2013
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ORDER signed by Magistrate Judge Allison Claire on 11/19/13 ordering ( Status Conference set for 12/18/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) The parties are required to submit to the court a joint status report 7 days prior to the status conference. (See order for further details). (Plummer, M)
February 19, 2014
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ORDER signed by Magistrate Judge Allison Claire on 2/10/14 ORDERING that the hearing date for the Motion to Dismiss currently set for March 12, 2014 to be continued to March 19, 2014 in Department 26 at 10:00 a.m.(Dillon, M)
April 2, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/1/2014 RECOMMENDING that the 85 motion to dismiss be (1) granted as to defendants Schroeder and O'Brien, (2) granted as to Claim 1 against defendant Stratton, and (3) denied as to Claim 2 against defendant Stratton. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
May 1, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/01/14. Ordering the custodian to produce Sherman Manning via telephonic conferencing on 06/04/14 at 10:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. The Custodian is ordered to notify the court of any changes in custody and to provide the new custodian with a copy of this writ. (cc: I.T. Dept, Sacramento, 3 certified copies of this writ served on the Warden, CSP Sacramento, Courtesy copy sent by fax to the Litigation Coordinator at CSP-SAC at 916-294-3072)(Plummer, M)
May 27, 2014
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ORDER signed by Magistrate Judge Allison Claire on 5/27/2014 re: 97 Request to place documents under seal, ORDERING that documents 939596 shall be placed UNDER SEAL.(Waggoner, D)
June 16, 2014
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ORDER signed by Magistrate Judge Allison Claire on 6/13/2014. Plaintiff's 110 111 Motions for Reconsideration have been placed UNDER SEAL. In future, no document for which plaintiff request sealing will be placed under seal absent compliance with Local Rule 141. Documents mailed to Court for which plaintiff requests sealing in part or in whole, will NOT be filed but rather will be returned to plaintiff. (Marciel, M)
June 25, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/2014 ADOPTING 91 Findings and Recommendations in full and GRANTING-IN-PART and DENYING-IN-PART 85 Motion to Dismiss. (Donati, J)
June 26, 2014
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ORDER signed by Magistrate Judge Allison Claire on 6/26/2014 DENYING 115 Requests regarding his deposition and the taking of depositions of defendants, DENYING 115 Motion for Leave to Amend and VACATING 115 Motion for Injunctive Relief. (Donati, J)
June 26, 2014
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ORDER signed by Magistrate Judge Allison Claire on 6/26/2014 ORDERING that this matter proceeds on plaintiff's second amended complaint against defendants Stratton, Humphries, Johnson, Ralls, May, Couch and Wenker, as modified. The case is now governed by Local Rule 230(l). (with Rand Notice to Plaintiff attached) (Donati, J)
July 9, 2014
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ORDER signed by Magistrate Judge Allison Claire on 07/08/14 ordering plaintiff's motion for the court to order defendants to provide him with deposition transcripts at their own cost 118 is denied. Plaintiff's third motion for reconsideration of the court's order at ECF 100 123 is vacated as wholly duplicative. Plaintiff's piecemeal, duplicative and insubstantial notices and requests at 119,120,121,122,124,125 are hereby disregarded. (Plummer, M)
July 14, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 7/11/14 ORDERING that nothing in the record indicates to this Court that the magistrate judge clearly erred or misapplied the law. Plaintiff's Motions (ECF Nos. 110, 111, 123) are thus DENIED. (Becknal, R)
July 18, 2014
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ORDER signed by Magistrate Judge Allison Claire on 7/18/2014 ORDERING the 130 Renewed Request for Reconsideration of this court's order denying him Appointment of Counsel is deemed FRIVOLOUS and is DISREGARDED. Defendant Stratton is DIRECTED, within 14 days, to provide a response to plaintiff's allegations in ECF 130. Defendant must inform the court within 14 days about the access to his legal mail and property that this pro se plaintiff will be provided for him to proceed in this case. (Donati, J)
August 20, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/19/14 recommending that plaintiff's motion for court order and motion for temporary restraining order 135 be denied. MOTION FOR COURT ORDER and MOTION for TEMPORARY RESTRAINING ORDER 135 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
August 21, 2014
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ORDER signed by Magistrate Judge Allison Claire on 08/20/14 ordering plaintiff's letter 147 is disregarded. (Plummer, M)
August 29, 2014
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ORDER signed by Magistrate Judge Allison Claire on 8/29/2014 ORDERING the Office of the Attorney General and Deputy Attorney General Kelli Hammond to take any steps necessary to contact prison authorities and staff at CSP-Sacramento to ascertain plaintiff's condition in light of his apparent suicide threat. Within 7 days, Attorney Hammond is DIRECTED to file a status report with the court. The Clerk is DIRECTED to fax a copy of this order on the Litigation Coordinator at CSP- Sacramento. (Donati, J) (Main Document 153 replaced on 8/29/2014) (Donati, J).
September 9, 2014
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ORDER signed by Magistrate Judge Allison Claire on 09/09/14 ordering that the response by Deputy Attorney General Kelli Hammond on 09/05/14 has discharged the 08/29/14 order. (Plummer, M)
October 14, 2014
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ORDER adopting in full 146 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 10/14/14. Plaintiff's 135 Motion for Court Order and Motion for Temporary Restraining Order are DENIED. (Kastilahn, A)
November 7, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/6/14 granting 173 Motion to Seal. The Clerk of Court shall file under seal Exhibit C to Defendants Statement of Undisputed Facts.(Dillon, M)
November 12, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/10/14 vacating 177 Motion for Preliminary Injunction. (Dillon, M)
December 22, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/19/14 ordering plaintiff's motion to compel further responses to discovery 132 is granted in part and denied in part as follows: All defendants shall supplement their responses to Interrogatory No. 3 by identifying any criminal convictions or adverse findings sustained in administrative proceedings. Supplemental responses must be served within 21 days; any proposed protective order must be submitted within 14 days. Defendants Humphries, Johnson, Ralls and Wenker shall supplement their responses to Interrogatory No. 4 by identifying any adverse disciplinary actions that were sustained during their CDCR employment. Supplemental responses must be served within 21 days; any proposed protective order must be submitted within 14 days. Plaintiff's objection to the sealing of defendants' Exhibit C, 181 is overruled. Plaintiff's motion for appointment of counsel 186 is denied. Plaintiff's motion for a 60 days extension of time to oppose the pending motions for summary judgment 185 is granted. Upon defendants filing of a proof of service of their supplemental discovery responses, plaintiff will have an additional 60 days to file his opposition to both dispositive motions. (Plummer, M)
January 8, 2015
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PROTECTIVE ORDER regarding production of information pursuant to plaintiff's Motion to Compel signed by Magistrate Judge Allison Claire on 1/08/15. (See order for further details)(Plummer, M)
January 27, 2015
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ORDER denying 201 Motion for Reconsideration signed by Chief Judge Morrison C. England, Jr on 1/26/15. (Kaminski, H)
March 11, 2015
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fficers have physically and sexually assaulted him 213, 214, 218 and deliberately delayed, destroyed, or stolen his legal property 211, 212, 213 within 14 days of the filing of this order. Defendant Stratton is directed to provide a respORDER signed by Magistrate Judge Allison Claire on 03/11/15 ordering the Office of the Attorney General and Deputy Attorney General Kelli Hammond shall forthwith take any steps necessary to contact prison authorities and staff at California Substance Abuse Treatment Facility to ascertain plaintiff's condition in light oh his apparent suicide threat, within 7 days, file a status report with the court. The clerk of the court is directed to fax a copy of this order to the Litigation Coordinator at California Substance Abuse Treatment Facility. The office of the Attorney General and Deputy Attorney General Kelli Hammond are further directed to investigate and report to the court regarding plaintiff's allegations that correctional oonse to plaintiff's allegations, as identified above, within 14 days of the filing of this order. (Plummer, M)
March 13, 2015
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ORDER signed by Magistrate Judge Allison Claire on 03/12/15 ordering plaintiff's motions regarding his legal property 211, 212, 213 will be addressed upon receipt of the Attorney General's Office's report regarding its investigation into plaintiff's allegations. Plaintiff's motions for the appointment of counsel 213, 216 are denied. Plaintiff's motion for an extension of time to respond to defendants Humphries, Johnson, Ralls and Wenker's motion for summary judgment 214 is granted and plaintiff shall have until 06/01/15, to file his response to their motion. Plaintiff's request for an extension of time to respond to defendants May, Couch and Stratton's motion for summary judgment 214 is denied as moot. Defendants May, Couch and Stratton must file proof of having timely served their supplemental responses to plaintiff's Interrogatory No. 3 within 7 days of the date of this order. Plaintiff shall have 60 days from the filing of the proof of service to file a response to defendants May, Couch and Stratton's motion for summary judgment. All defendants shall respond to plaintiff's motion for sanctions 215 and motion to compel 217 within 21 days of the filing of this order. Plaintiff's motion to restore his Valley Fever claim 216 is denied. (Plummer, M)
March 27, 2015
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ORDER signed by Magistrate Judge Allison Claire on 3/27/15 ORDERING that the Office of the Attorney General and Deputy Attorney General Kelli Hammond shall ensure plaintiffs letter 231 is forwarded to the appropriate mental health staff at the institution at which he is incarcerated within twenty-four hours of receiving this order. The Clerk of the Court is directed to fax a copy of this order to the Litigation Coordinator at California State Prison, Corcoran. The Office of the Attorney General and Deputy Attorney General Kelli Hammond shall forward any future threats of suicide or self-harm to the appropriate mental health staff at plaintiffs then current location within twenty-four hours of receipt.(Dillon, M)
April 15, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/14/15 ordering the clerk of court shall file under seal Exhibits A and D to defendants' response to the court's order. (Plummer, M)
April 30, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/29/2015 ORDERING the Clerk to return plaintiff's 12 page document requesting appointment of computer expert and 13 page document that appears to seek to initiate a new lawsuit, both of which plaintiff seeks to have filed under seal; documents mailed by plaintiff to the court for which plaintiff requests sealing in part or in whole, absent compliance with Local Rule 141, will not be filed, but will be returned to plaintiff; and the Clerk shall mail plaintiff a form for filing a complaint under 42 U.S.C. ยง 1983.(Yin, K)
May 15, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/15/2015 ORDERING that the 3/11/2015 and 3/13/2015 orders are DISCHARGED; plaintiff's motion for sanction 215, 241 and motion to compel 217, 244 are DENIED; AND RECOMMENDING that plaintiff's requests for preliminary injunctive relief 195, 196, 198, 200, 211, 212, 213, 214, 218, 226, 227 be denied for the reasons set forth in these findings. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days. (Yin, K)
May 22, 2015
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ORDER signed by Magistrate Judge Allison Claire on 05/21/15 ordering plaintiff's motion to stay the defendants' motions for summary judgment 253 is denied. Defendants' motions for summary judgment 168, 171 are hereby vacated. Defendants shall re-file and re-serve their motions for summary judgment, without additions or amendments, within 7 days of the filing of this order. Plaintiff shall have 30 days from service to file a response to each motion. Defendants may reply within 14 days of service of the response. (Plummer, M)
June 4, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/04/15 ordering the office of the attorney general and deputy attorney general Kelli Hammond shall within 10 days of the filing of this order, file a notice advising the court whether after his transfer, plaintiff continues to have restrictive access to his legal property and if his access continues to be restricted, why his access is restricted. Plaintiff's motion for sanctions 260, 261 are denied. (Plummer, M)
July 28, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/28/2015. Plaintiff's 270 273 282 Requests for Extension of Time are GRANTED in part. Plaintiff shall have until 8/27/2015 to submit documents in support of response to defendants' 257 258 Motion for Summary Judgment. Any documents plaintiff seeks to submit must be filed as a single filing. Plaintiff's various 278 279 280 281 filings regarding actions of CDCR employees will be DISREGARDED. Within 10 days of filing of Order, defendants shall advise Court whether they believe a Settlement Conference in case would be beneficial at this stage. (Marciel, M)
July 29, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 7/28/2015 ORDERING that the 252 findings and recommendations are ADOPTED in full. Plaintiff's 195, 196, 198, 200, 211, 212, 213, 214, 218, 226, 227 requests for preliminary injunctive relief are DENIED. (Zignago, K.)
August 14, 2015
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ORDER signed by Magistrate Judge Allison Claire on 08/13/15 ordering ( Settlement Conference set for 10/19/2015 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are to submit confidential settlement statements no later than 10/12/15 to [email protected] If plaintiff does not have access to email, he shall mail his confidential settlement statement to Sujean Park, ADR Division, 501 I Street, Suite 4-200, Sacramento, CA 95814 so it arrives no later than 10/12/15. The clerk of the court is directed to update plaintiff's address of record to reflect that he is currently housed at R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179. (cc: CKD) (Plummer, M)
August 14, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 08/13/15 ordering the Custodian to produce Sherman Manning on 10/19/15 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 writ on the Custodian and Out-to-Court Desk. (cc: CKD and OTCD) (Plummer, M)
August 27, 2015
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 08/26/15 ordering the Custodian to produce Sherman Manning to appear via videoconference on 10/19/15 at 9:30 a.m. before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order on the Custodian. (cc: I.T. Dept-Sacramento and CKD)(Plummer, M)
September 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 9/16/15 ORDERING that Plaintiffs motion for the appointment of counsel (ECF No. 299) is DENIED. Plaintiffs requests for an order directing his counselor to make copies of his exhibits (ECF Nos. 299, 300) are DENIED as moot. Plaintiffs motion to stay his deadline to submit his exhibits (ECF No. 300) is DENIED asmoot. Defendants current deadline to reply in support of their motions for summary judgment is VACATED. If the October 19, 2015 settlement conference is unsuccessful, defendants shall file their replies by November 2, 2015. (Dillon, M)
February 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 2/2/2016 DENYING plaintiff's 330, 331, 332 motions to enforce the settlement agreement. Any further motions to enforce the settlement agreement that are filed prior to 5/11/2016 will be DISREGARDED without further order. (Yin, K)