Futrell v. State of California, Department of Health and Human Services
Plaintiff: Tamara Lynn Futrell
Defendant: State of California, Department of Health and Human Services
Case Number: 2:2010cv02424
Filed: September 10, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
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Date Filed Document Text
June 30, 2011 Opinion or Order Filing 10 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/29/11 RECOMMENDING that 1 Complaint be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Local Rules 110 and 183(a) and recommending the Clerk of Court be directed to close this case and vacate all dates. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge John A. Mendez. (Meuleman, A)
June 9, 2011 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/2011 ORDERING that the 7 proposed findings and recommendations are VACATED. Pltf's request for the reinstatement of the cases numbered 2:10-cv-02425 JAM KJN PS, and 2:10-cv-03475 JAM KJN PS (TEMP), is DENIED. Pltf's request for disqualification is DENIED. Pltf is GRANTED 14 days to file a first amended complaint. (Zignago, K.)
May 26, 2011 Opinion or Order Filing 7 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/25/11 RECOMMENDING that plf's consolidated action be dismissed w/ prejudice and this case be closed. Objections to these F&Rs due w/i 14 days; referred to Judge John A. Mendez. (Benson, A.)
May 6, 2011 Opinion or Order Filing 6 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/5/11 ORDERING thatPlaintiff shall show cause in writing, no later than May 20, 2011, why her lawsuit should not be dismissed for failure to prosecute and failure to follow the cour t's orders. Plaintiff's failure to file the required writing shall constitute an additional ground for, and plaintiff's consent to, the imposition of appropriate sanctions, including a recommendation that plaintiff's case be involuntarily dismissed pursuant to FRCP. (Duong, D)
April 4, 2011 Opinion or Order Filing 5 ORDER signed by Judge John A. Mendez on 4/1/11 ORDERING that Plaintiff's complaint filed in the action numbered 2:10-cv-03475 JAM KJN PS (TEMP) is dismissed without prejudice. The actions numbered 2:10-cv-02424 JAM KJN PS, 2:10-cv-02425 JAM KJN PS, and 2:10-cv-03475 JAM KJN PS (TEMP), which are already assigned to District Judge John A. Mendez and Magistrate Judge Kendall J. Newman, are consolidated pursuant to Federal Rule of Civil Procedure 42(a). Henceforth, the caption on all document s filed in the consolidated cases shall be shown as No. 2:10-cv-02424 JAM KJN PS. All future filings shall occur ONLY in the action numbered 2:10-cv-02424 JAM KJN PS. The Clerk of Court is directed to administratively close Case Nos. 2:10-cv-02425 J AM KJN PS, and 2:10-cv-03475 JAM KJN PS (TEMP). Plaintiff is granted 30 days from the date of this order to file a first amended complaint that is complete in itself and addresses all of her claims against all defendants. The first amended complaint must bear the docket number 2:10-cv-02424 JAM KJN PS and must be entitled "First Amended Complaint." Plaintiff must file an original and two copies of the amended complaint. Once plaintiff files an amended complaint, the original no longe r serves any function in the case. Therefore, "a plaintiff waives all causes of action alleged in the original complaint which are not alleged in the amended complaint" and defendants not named in an amended complaint are no longer defendants. The Clerk of Court is directed to file this order in the actions numbered 2:10-cv-02424 JAM KJN PS, 2:10-cv-02425 JAM KJN PS, and 2:10-cv-03475 JAM KJN PS (TEMP).(Duong, D)
February 14, 2011 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2011 ORDERING that Plaintiff's 2 request to proceed in forma pauperis is GRANTED. Plaintiff's complaint is DISMISSED without prejudice. Plaintiff is granted 30 days from the date of this order to file a first amended complaint that is complete in itself. (Duong, D)
October 6, 2010 Opinion or Order Filing 3 ORDER signed by Judge John A. Mendez on 10/5/10 ORDERING that the action denominated as No. 2:10-cv-2425 GEB GGH PS is reassigned to District Judge John A. Mendez and Magistrate Judge Kendall J. Newman for all further proceedings, and any dates curre ntly set in the reassigned case are vacated. Henceforth, the caption on all documents filed in the reassigned case shall be shown as No. 2:10-cv-2425 JAM KJN PS; and the Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Becknal, R)
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Plaintiff: Tamara Lynn Futrell
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Defendant: State of California, Department of Health and Human Services
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