Benyamini v. Mendoza et al
| Robert P. Benyamini |
| Mendoza, Hamilton, Fumasi, McNortherner, Brown, Ramirez, S. Lesee, Hurtado, Baumberger and Paul |
| 2:2009cv02602 |
| September 17, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
124
ORDER signed by Judge Lawrence K. Karlton on 11/26/12 ORDERING that In light of Plaintiff's failure to provide the filing fee in full in accordance with this Court's order, filed on 8/13/12 119 , this case is DISMISSED. Plaintiff's repetitive and/or otherwise defective motions/requests, filed on 5/30/12 112 ; 7/2/12 118 ; 8/31/12 120 are VACATED as moot. CASE CLOSED. (Mena-Sanchez, L)
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Filing
119
ORDER signed by Judge Lawrence K. Karlton on 8/10/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/19/12 106 are ADOPTED in full; The MOTION to revoke Plaintiff's in forma pauperis status, filed on 9/13/11 63 , brought by Defendants Leese, Mendoza, Fumasi, Ramirez and Baumgarner is GRANTED. Plaintiff is granted twenty-eight days from the filing date of this order to pay the filing fee in full. Plaintiff is advised that failing to pay the fee within the time allotted will result in dismissal of this case.(Mena-Sanchez, L)
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Filing
113
ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING that plaintiff's 105 motion for reconsideration and 111 motion to stay are hereby VACATED; subject to being properly re-noticed upon determination as to whether or not plaintiff's in forma pauperis status is revoked. (Yin, K)
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Filing
109
ORDER signed by Judge Lawrence K. Karlton on 5/8/2012 ORDERING that the 101 findings and recommendations filed 3/16/2012, are ADOPTED in full. Plaintiff's 100 "motion for emergency stay and preliminary injunction," filed on3/13/2012 is DENIED. (Zignago, K.)
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Filing
106
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/18/2012 ORDERING that plaintiff's 72 motion for appointment of counsel is DENIED; plaintiff's 77 "motion compelling court to answer motion fo r default filed on 8/2/11 is SUMMARILY DENIED; and plaintiff's 73 , 74 , 78 , 83 , 90 , 104 motions and defendants' 64 motion to dismiss are all VACATED without prejudice to being re-noticed once the pending motion to revoke plaint iff's IFP status has been resolved, and if plaintiff's IFP status is ultimately revoked as this court recommends, VACATED until after plaintiff has paid the filing fee in full; and RECOMMENDING that defendants' 63 motion to revoke pl aintiff's IFP status be granted and plaintiff be granted 28 days upon adoption, should that occur, of these findings and recommendations to pay the filing fee in full, failing which, RECOMMENDING that the case be ordered dismissed. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
101
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/16/2012 RECOMMENDING that plaintiff's 100 "motion for emergency stay and preliminary injunction" be denied. Referred to Judge Lawrence K. Karlton; Objections due within 20 days. (Yin, K)
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Filing
93
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/16/11 GRANTING plaintiff's 66 motion to compel service, construed as request for judicial intervention or assistance for the purpose of locating the unserved defendants; defendants counsel shall file and serve the appropriate response to this order within 21 days. (See order for details) (Yin, K)
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Filing
62
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/9/11 ORDERING that the plaintiff must by 9/25/11 show good cause why defendants Brown and Paul should not be dismissed without prejudice. (Matson, R)
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Filing
37
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/17/2011 DENYING 36 Plaintiff's Motion to Appoint Counsel. (Reader, L)
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Filing
35
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 03/07/11 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
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Filing
34
ORDER adopting 30 FINDINGS AND RECOMMENDATIONS IN FULL signed by Senior Judge Lawrence K. Karlton on 2/16/11. (Kaminski, H)
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Filing
30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/16/10: ORDERING that service is appropriate for the following defendants: C/O Mendoza, C/O Brown, C/O Baumberger, C/O Paul, C/O Ramirez, C/O Hurtado, Corr. Ser geant S. Leese, C/O Formasi, C/O M. Northerner. The Clerk of the Court shall send plaintiff nine (9) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint. RECOMMENDING that the following be dismissed from this action: defendant Hamilton; any claim relating to a deprivation of exercise with respect to defendants Ramirez, Hurtado, Leese, Formasi, Northerner. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
29
ORDER signed by Senior Judge Lawrence K. Karlton on 11/4/10 ORDERING that the findings and recommendations 27 filed are adopted in full; a stay is not re-imposed pursuant to plaintiff's filings 25 26 ; these requests are denied; and this matter proceeds pursuant to order of the magistrate judge, filed on 9/28/10 24 . (Becknal, R)
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Filing
27
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/18/10 ORDERING that the Clerk of the Court is directed toprovide plaintiff with a copy of the 22 amended complaint; recommending that a stay not be re-imposed pursuant to plaintiffs 25 and 26 filings; that those requests be denied, and that this matter proceed pursuant to the order 24 of the undersigned. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
24
ORDER signed by Magistrate Judge Gregory G. Hollows on 09/28/10 ordering the stay is granted for purposes of filing an amended complaint is lifted in order to screen the amended complaint filed prior to expiration of the stay. Plaintiff's claim s against defendant Hamilton are dismissed for the reasons discussed above, along with any claim by plaintiff relating to a deprivation of exercise with respect to defendants Ramirez, Hurtado, Leese, Formasi, Northerner, as well as any claim, includi ng both an Eighth Amendment cruel and unusual punishment claim and/or a First Amendment retaliation claim, regarding the manner or basis for his cell extraction, along with any claim of an Eighth Amendment violation for no access to television or radio for a few days, with leave to file an amended complaint by 10/25/10, in accordance with the Order filed on 07/27/10 23 . (Plummer, M)
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Filing
23
ORDER signed by Senior Judge Lawrence K. Karlton on 7/26/2010 ORDERING 21 Motion for Reconsideration is denied and granting 21 Motion to Stay. No later than 90 days from the date of this order, plaintiff shall inform the court whether he wishes to prolong the stay. (Matson, R)
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Filing
20
ORDER signed by Senior Judge Lawrence K. Karlton on 7/1/2010 ORDERING that Pltf's claims re denial of outdoor or physical exercise and of access to a television or radio for the period of 5/4/05-5/14/05 are DISMISSED. Pltf's claims against dfts Hamilton, Ramirez and Hurtado, are DISMISSED. Pltf is again GRANTED leave to file an amended complaint. Thus, the Court adopts the 16 Findings and Recommendations, except that the court further grants leave to file an amended complaint. (Zignago, K.)
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Filing
19
ORDER signed by Senior Judge Lawrence K. Karlton on 6/24/2010 DENYING 14 Motion for Reconsideration and 15 Motion. (Matson, R)
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Filing
16
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/2/2010 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that pltf's claims re denial of outdoor or physical exercise and of access to a television or radio for the period of 5/4/05-5/14/05, as well as any claims against dfts Hamilton, Ramirez and Hurtado, be dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 14 days. (Yin, K)
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Filing
13
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/19/2010 DENYING pltf's 12 request for the appointment of counsel. (Yin, K)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 3/2/10 ORDERING the director of the CDC to collect an initial partial filing fee of $4.17 and thereafter, forward payment from the prison trust account of Robert P . Benyamini to the clerk until the balance of $345.83 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)
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Filing
5
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/3/09 ORDERING that 4 Motion to Stay is construed as a request for an extension of time, and, so construed, is GRANTED; Plaintiff shall submit, within 28 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; and Clerk of the Court is again directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
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Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/09 ORDERING pltf to sumbit, w/in 30 days, an affidavit in support of his request to proceed ifp, or the appropriate filing fee; the clerk to send pltf a new ifp application.(Yin, K)
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