Benyamini v. Hommer et al
| Robert Benyamini |
| M.C Hommer, O'Brian and J. Walker |
| 2:2011cv02317 |
| August 31, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Kimberly J. Mueller |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/17/2017 RECOMMENDING that defendant's 121 Motion for Terminating Sanctions be granted and this action be dismissed for failure to comply with a court order. Referred to District Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. (York, M)
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Filing
123
ORDER signed by Magistrate Judge Allison Claire on 10/25/2017 GRANTING-IN-PART 122 Motion for Extension of Time. Plaintiff shall have an additional 7 days, up to 11/6/2017, to file an opposition to defendants motion for terminating sanctions. (Hunt, G)
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Filing
114
ORDER signed by Magistrate Judge Allison Claire on 09/05/17 GRANTING 109 Motion to Compel. Within fourteen days of service of this order, plaintiff must provide responses to defendants requests for discovery, as set forth above. Defendants' request for their expenses 109 is DENIED. Defendants shall have thirty days from service of this order to bring any motion for sanctions under Federal Rule of Civil Procedure 37(b) based upon plaintiffs failure to comply with this order. (Plummer, M) Modified on 9/6/2017 (Plummer, M).
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Filing
112
ORDER signed by Magistrate Judge Allison Claire on 2/23/2017 ORDERING defendant's request to vacate the merit-based motion for summary judgment deadline is GRANTED and will be re-set after resolution of the 109 motion to compel. Defendants' request to vacate the discovery deadline is DENIED. Discovery shall close on 2/27/2017. (Yin, K)
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Filing
107
ORDER signed by District Judge Troy L. Nunley on 1/10/2017 DENYING Defendants' 98 Motion for Reconsideration. (Jackson, T)
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Filing
106
ORDER ADOPTING 95 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 01/15/16 and ORDERING that defendants' 74 Motion for Summary Judgment is DENIED without prejudice. (Benson, A)
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Filing
97
ORDER signed by District Judge Troy L. Nunley on 10/15/15 ORDERING that the findings and recommendations filed August 27, 2015 (ECF No. 94 ), are adopted in full; and Defendant Howe is dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. See Fed. R. Civ. P. 4(m); Local Rule 110. (Becknal, R)
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Filing
95
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/28/15 recommending that defendants' motion for summary judgment 74 be denied without prejudice. Motion for Summary Judgment 74 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
94
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/26/15 recommending that defendant Howe be dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M) Modified on 8/27/2015 (Plummer, M).
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Filing
93
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 07/12/15 ordering that plaintiff shall show cause in writing within 30 days from the date of this order why defendant Howe should not be dismissed without prejudice for failure to effect service of process and failure to follow court orders. (Plummer, M)
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Filing
86
ORDER signed by Magistrate Judge Allison Claire on 05/07/15 granting 84 Motion to strike and the clerk of the court is directed to strike plaintiff's misfiled opposition to the motion for summary judgment 81 , 82 , 83 from the record. The opposition at 85 shall remain on the record. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Allison Claire on 3/17/15 ORDERING that Plaintiff shall have ten days from the date this order is filed to file a declaration in support of his request for an extension of time to submit discovery responses 73 . Plai ntiff shall have ten days from the date this order is filed to file a declaration in support of his request for permission to use the courts electronic filing system 73 . Plaintiff's motion for a subpoena duces tecum 73 is denied without prejudice to a motion in proper form. The Clerk of the Court is directed to provide plaintiff a signed but otherwise blank subpoena duces tecum form with this order. Plaintiffs motion for appointment of counsel 73 is denied.(Dillon, M)
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Filing
72
ORDER signed by Magistrate Judge Allison Claire on 1/20/15 granting 70 Motion for a modification of the discovery deadline to the degree specified below. The Discovery and Scheduling Order 58 at 6 is modified to permit discovery until 4/06/15. The deadline for discovery requests is moved to 02/09/15. The Discovery and Scheduling Order 58 at 7 is modified to move the pretrial motions deadline to 07/06/15. Plaintiff's motion to extend his time for answering unidentified discovery 71 is denied without prejudice to a motion in proper form. (Plummer, M)
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Filing
67
ORDER signed by Magistrate Judge Allison Claire on 11/24/14 ORDERING that Plaintiffs additional request for reassignment of the Magistrate Judge, construed as a motion to recuse 64 is DENIED, as plaintiff has made no showing of the claimed conflict.(Dillon, M)
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Filing
60
ORDER signed by District Judge Troy L. Nunley on 9/3/2014 ADOPTING the 8/7/2014 findings and recommendations 59 in full; and defendants Juan, Lopez, Reid and Anderson are DISMISSED without prejudice. (Yin, K)
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Filing
59
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/6/2014 RECOMMENDING that defendants Juan, Lopez, Reid and Anderson be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
58
DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 7/28/2014 ORDERING Discovery requests shall be served by the party seeking the discovery on all parties to the action; Discovery requests shall not be filed with the court ex cept when required by Local Rules 250.1, 250.2, 250.3 and 250.4; Responses to written discovery requests shall be due 45 days after the request is served; The parties may conduct discovery until 1/6/2015. Any motions necessary to compel discovery sha ll be filed by that date. All requests for discovery pursuant to FRCP 31, 33, 34 or 36 shall be served not later than 60 days prior to that date (11/7/2014); all pretrial motions, except motions to compel discovery, shall be filed on or before 4/6/2015; Motions shall be brief in accordance with paragraph 8 of this court's order filed 3/24/2014. (Reader, L) Modified on 7/28/2014 (Reader, L).
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Filing
55
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 06/26/14 ordering that plaintiff shall show cause in writing within 30 days from the date of this order why defendants Juan, Lopez, Reid and Anderson should not be dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. (Plummer, M)
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Filing
54
ORDER signed by District Judge Troy L. Nunley on 6/23/2014 ORDERING that the 52 Findings and Recommendations are ADOPTED IN FULL. Defendants' 44 motion to revoke plaintiff's in forma pauperis status is DENIED. Defendants are directed to file their response to the first amended complaint within twenty-one days. (Zignago, K.)
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Filing
52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/23/2014 RECOMMENDING that defendants' 44 motion to revoke plaintiff's ifp status be denied; and in any order adopting these findings and recommendations, defendants be directed to file their response to the first amended complaint within 21 days. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
40
ORDER signed by Magistrate Judge Allison Claire on 10/7/13 GRANTING 39 Motion for judicial intervention. Within 20 days from the date of this order, defendants counsel is ordered to respond to plaintiffs motion indicating the results of their query to the Department of Corrections and Rehabilitation concerning the whereabouts of defendants Juan, Lopez, Reid and Anderson. (Dillon, M)
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Filing
32
ORDER signed by Magistrate Judge Allison Claire on 08/19/13 ordering the clerk of the court is directed to send to plaintiff 3 USM-285 forms, instruction sheet and a copy of the complaint filed 02/15/13 to be completed and returned within 60 days. (Plummer, M)
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Filing
24
ORDER denying plaintiff's 19 Motion to Stay signed by Magistrate Judge Allison Claire on 1/18/13. The complaint is dismissed with leave to file an amended complaint within 28 days from the date of service of this order. Failure to file an amended complaint will result in a recommendation that the action be dismissed. (Kastilahn, A)
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Filing
21
ORDER signed by Judge Kimberly J. Mueller on 09/20/12 ordering the findings and recommendations filed 11/22/11 in Benyamini v. Hammer, No. CIV S-11-2317 KJM GGH are adopted in part and denied in part. Plaintiff's 10/12/11 motion to stay 8 in Benyamini v. Hammer, No. CIV S-11-2317 KJM GGH is denied as plaintiff has now stated he wishes to proceed with this action. Plaintiff's 10/18/11 in forma pauperis application 9 in Benyamini v. Hammer, No. CIV S-11-2317 KJM GGH, is granted for the reasons set forth above. Any objections to the court's intent to reopen Benyamini v. Ogbeide, No. CIV S-10-0101 KJM GGH shall be filed within 14 days of the filing of this order and shall not exceed 5 pages. (Plummer, M)
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Filing
20
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/9/2012 VACATING, without prejudice, the 7 motion for a transfer. (Yin, K)
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Filing
12
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/22/2011 ORDERING that the 10 findings and recommendations are VACATED; and RECOMMENDING that plaintiff's 8 motion to stay be denied as plaintiff has s tated he wishes to proceed with this action; and plaintiff's 9 in forma pauperis application be denied and plaintiff shall pay the filing fee in full within 28 days, if these findings and recommendations are adopted, failing which, the case be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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Filing
10
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/19/11 RECOMMENDING that 8 MOTION to STAY and 7 MOTION for Emergency Transfer be denied; and this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/11 ORDERING the plaintiff to submit within 30 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; and the the Clerk is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Matson, R)
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