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13-1931 - (PC) Witkin v. Swarthout et al


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13-1931 - (PC) Witkin v. Swarthout et al
November 15, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/13 ORDERING that Plaintiffs request for leave to proceed in forma pauperis is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff's complaint is DISMISSED with 30 days to file an amended complaint. Plaintiffs motions for injunctive relief (ECF Nos. 1, 5) are denied.(Dillon, M)
November 15, 2013
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 11/15/13ORDERING the director of the CDC to collect and forward payment from the prison trust account of Michael Aaron Witkin to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
February 4, 2015
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/4/2015 DIRECTING the Clerk to assign a district judge to this case; DENYING without prejudice plaintiff's 16 motion for partial summary judgment; DENYING without prejudice plaintiff's 25 motion for partial summary judgment; DENYING plaintiff's 24 motion to strike defendants' reply; and DISMISSING plaintiff's retaliation claim against defendant Young; and RECOMMENDING that defendants' 18 motion to dismiss be granted in part, and denied in part, as set forth in these findings and recommendations. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days.(Yin, K)
March 5, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 3/5/15 ADOPTING IN FULL 27 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 18 Motion to Dismiss as follows: Plaintiff's First Amendment retaliation claims against defendants Swarthout and Popovits in connection with plaintiff's outdoor exercise claim, as well as his Eighth Amendment claims against defendants Young and Popovits, is dismissed with prejudice. The following claims are dismissed without prejudice to plaintiff renewing such claims in a second amended complaint: 1) Plaintiff's retaliation claim against defendant Sanchez in connection with the rules violation imposed on 3/8/13; 2. Plaintiff's retaliation claim against defendant Popovits based on the 4/17/13 bunk area search; 3. Plaintiff's retaliation claim against defendant Wilkinson based on the 3/21/13 search; and 4. Plaintiff's Eighth Amendment claim as to defendant Swarthout. Plaintiff is granted leave to file a second amended complaint within 30 days of the date of this order. (Meuleman, A) Modified on 3/18/2015 (Meuleman, A).
December 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2015 ORDERING service is appropriate for defendants Sanchez, Swarthout, Kosher, Wilkinson and Popvits; and within 21 days, defendants shall file a response to the second amended complaint. (Yin, K)
May 9, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/16 ORDERING that Defendants' motion to modify the scheduling order 39 is granted; and Defendants shall respond to plaintiff's first sets of interrogatories and requests for production of documents on or before 6/15/16, and the corresponding deadline for filing motions to compel is extended to 6/30/16. (Becknal, R)
May 13, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 5/12/16 ORDERING Cases 2:13-cv-1931 GEB KJN and 2:14-cv-1709 JAM EFB are related. It is therefore ORDERED that Case No. 2:14-cv-1709 JAM EFB is REASSIGNED to Senior Judge Garland E. Burrell, Jr., and Magistrate Kendall J. Newman for all further proceedings. (Jackson, T)
June 10, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/16 granting 46 Motion to modify the discovery and scheduling order. The deadlines to respond to plaintiffs pending first set of discovery requests propounded to defendants Popovits, Swarthout, Kosher, and Sanchez, and to file related motions to compel further responses, are stayed. The June 22, 2016 continued deposition of plaintiff is vacated; plaintiffs continued deposition will be reset, if appropriate, following the settlement conference. The dispositive motions deadline is vacated and will be reset, if appropriate, following the settlement conference. Plaintiffs motion to modify the discovery deadline to enable him to propound a second round of discovery requests to defendant Wilkinson 42 is denied without prejudice to its renewal fourteen days after the settlement conference, provided plaintiffs claims against defendant Wilkinson are not resolved. This matter is set for a settlement conference before the undersigned on July 27, 2016, at 9:30 a.m., at the United States District Court, 502 I Street, Sacramento, California 95814 in Courtroom #25. The parties are required to file an election regarding waiver of disqualification, no later than July 11, 2016.1 If a party files a notice of non-waiver of disqualification, a randomly selected magistrate judge will be assigned to conduct the settlement conference on a date and time to be determined by the court. The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: [email protected] Plaintiff shall mail his non-confidential settlement statement to arrive not less than seven days prior to the settlement conference, addressed to Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814. (Plummer, M)
June 10, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering the Custodian to produce Michael Witkin on 7/27/16 at 9:30 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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 shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
July 7, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2016 VACATING the 7/27/2016 Settlement Conference before Magistrate Judge Kendall J. Newman. A Settlement Conference is set for 8/12/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Each party to provide a confidential settlement statement no later than 8/5/2016 in accordance with this order. (cc: CKD, ADR) (Yin, K)
July 7, 2016
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ORDER AND AMENDED WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 7/7/2016 ORDERING the writ issued 6/10/2016 for inmate to appear on 7/27/2016 (ECF No. 54 ) is VACATED; the custodian shall produce Michael Witkin #F-08703, to testify in USDC at 9:30 A.M. on 8/12/2016 in courtroom 24, before Magistate Judge Carolyn K. Delaney; 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 Warden. (cc: CKD, OTCD-SAC) (Yin, K)