Kentha McDowell v. Robert W. Fox et al
| Kentha McDowell |
| Chief Medical Officer, Robert W Fox, D Artis, Dr. Nickolas Lind and David Long |
| 2:2019cv00086 |
| January 4, 2019 |
| US District Court for the Central District of California |
| James V Selna |
| Michael R Wilner |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 34 21 DAY Summons Issued as to defendant Nickolas Lind, David Long. re COMPLAINT - event converted from ICMS, #26 (vm) |
Filing 33
ORDER TO UNITED STATES MARSHALS SERVICE RE: SERVICE OF PROCESS by Magistrate Judge Michael R. Wilner. (See Order for details) (vm)
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Filing 32
MINUTE (IN CHAMBERS) ORDER RE: SERVICE OF COMPLAINT by Magistrate Judge Michael R. Wilner. Under Federal Rule of Civil Procedure 4(m), service of the summons and complaint must be accomplished on each named defendant within 90 days after the filing of the complaint. The 90-day period will expire on April 11, 2019. (See Minute Order for further details) (vm)
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| Filing 30 ORIGINAL file, certified copy of transfer order and docket sheet received from California Eastern |
| Filing 31 NOTICE OF ASSIGNMENT to District Judge James V. Selna and referred to Magistrate Judge Michael R. Wilner. (et) |
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Filing 29
ORDER signed by District Judge Morrison C. England, Jr on 1/2/19 ADOPTING #27 Findings and Recommendations; DISMISSING all claims arising under the heading "Second Cause of Action" in #25 Fourth Amended Complaint; DISMISSING defendants Dr. Mehta and Warden Fox; and TRANSFERRING plaintiff's "First Cause of Action" in #25 Fourth Amended Complaint to the United States District Court of the Central District of California. (Coll, A) [Transferred from California Eastern on 1/10/2019.]
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| Filing 28 OBJECTIONS to FINDINGS and RECOMMENDATIONS #27 by Plaintiff Kentha McDowell. (Attachments: #1 Proof of Service)(Chau, Wendy) Modified on 11/1/2018 (Plummer, M). [Transferred from California Eastern on 1/10/2019.] |
| Filing 27 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/18/18 RECOMMENDING that all claims arising under the heading "Second Cause of Action" in plaintiff's fourth amended complaint be dismissed; defendants Dr. Mehta and Warden Fox be dismissed; Plaintiff's "First Cause of Action" be transferred to the United States District Court of the Central District of California; and this case be closed. Referred to Judge Morrison C. England. Objections due within 14 days after being served with these findings and recommendations.(Coll, A) [Transferred from California Eastern on 1/10/2019.] |
| Filing 26 AMENDED Fourth Amended Complaint against All Defendants by Kentha McDowell. (Attachments: #1 Exhibit 1- Warden Fox, #2 Exhibit 2- Dr. Lind, #3 Exhibit 3 -Dr. Morgan, #4 Proof of Service)(Chau, Wendy) [Transferred from California Eastern on 1/10/2019.] |
| Filing 25 FOURTH AMENDED COMPLAINT against All Defendants by Kentha McDowell. (Attachments: #1 Proof of Service)(Chau, Wendy) [Transferred from California Eastern on 1/10/2019.] |
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Filing 24
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/29/18 ORDERING plaintiff's third amended complaint is dismissed. Plaintiff is granted thirty days from the date of service of this order to file a fourth amended complaint. (Plummer, M)[Transferred from California Eastern on 1/10/2019.]
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| Filing 23 AMENDED CERTIFICATE of SERVICE by Kentha McDowell re #22 Amended Complaint. (Chau, Wendy) Modified on 1/12/2018 (Plummer, M). [Transferred from California Eastern on 1/10/2019.] |
| Filing 22 THIRD AMENDED COMPLAINT against D. Artis, Chief Medical Officer, Robert W. Fox by Kentha McDowell.(Chau, Wendy) [Transferred from California Eastern on 1/10/2019.] |
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Filing 21
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/13/17 VACATING #15 FINDINGS AND RECOMMENDATIONS. Attorney Wendy Ha Chau is substituted in as counsel for plaintiff. Plaintiff is granted 30 days within which to file a third amended complaint. (Plummer, M) [Transferred from California Eastern on 1/10/2019.]
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| SERVICE BY MAIL: #21 Findings and Recommendations (Order), served on Kentha McDowell. (Plummer, M) [Transferred from California Eastern on 1/10/2019.] |
| Filing 20 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Kentha McDowell. (Chau, Wendy) [Transferred from California Eastern on 1/10/2019.] |
| Filing 19 OBJECTIONS to #15 Findings and Recommendations by Plaintiff Kentha McDowell. (Attachments: #1 Proposed Order, #2 Declaration)(Chau, Wendy) Modified on 12/11/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
| Filing 18 MOTION (Ex Parte Application) for EXTENSION OF TIME to File Objections to the Findings and Recommendations by Kentha McDowell. (Attachments: #1 Declaration, #2 Proposed Order)(Chau, Wendy) Modified on 12/11/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
| Filing 17 MOTION (Ex Parte Application) to AMEND THE COMPLAINT by Kentha McDowell. (Attachments: #1 Declaration, #2 Proposed Order)(Chau, Wendy) Modified on 12/11/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
| Filing 16 SUBSTITUTION of ATTORNEY - PROPOSED; NOTICE OF CHANGE OF ADDRESS to 3518 Hathaway Ave. #404, Long Beach, CA 90815 by Kentha McDowell. Attorney Chau, Wendy Ha added. (Chau, Wendy) Modified on 12/11/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
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Filing 15
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/27/2017 ORDERING the Clerk to assign a district court judge to this case, and RECOMMENDING plaintiff's #13 second amended complaint be dismissed for failure to state a claim upon which relief can be granted and this case be closed. Assigned and Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K) [Transferred from California Eastern on 1/10/2019.]
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| SERVICE BY MAIL: #15 Order, Findings and Recommendations served on Kentha McDowell. (Yin, K) [Transferred from California Eastern on 1/10/2019.] |
| Filing 14 NOTICE of CHANGE of ADDRESS to 7308 Richfield St. APT # 105. Paramount, CA. 90723 by Kentha McDowell. (on 11/03/17) (Hunt, G) Modified on 10/18/2017 (Mena-Sanchez, L). [Transferred from California Eastern on 1/10/2019.] |
| Filing 13 SECOND AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by Kentha McDowell. (Michel, G.) [Transferred from California Eastern on 1/10/2019.] |
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Filing 12
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/1/2017 DISMISSING plaintiff's amended complaint; and plaintiff shall file a second amended complaint within 30 days. (Yin, K) [Transferred from California Eastern on 1/10/2019.]
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| SERVICE BY MAIL: #12 Order Dismissing Case with Leave to Amend served on Kentha McDowell. (Yin, K) [Transferred from California Eastern on 1/10/2019.] |
| Filing 11 EXHIBITS in Support of #10 First Amended Complaint by Kentha McDowell.(Reader, L) Modified on 4/7/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
| Filing 10 AMENDED PRISONER CIVIL RIGHTS COMPLAINT against defendants by Kentha McDowell. (Reader, L) Modified on 4/7/2017 (Yin, K). [Transferred from California Eastern on 1/10/2019.] |
| Filing 9 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M) [Transferred from California Eastern on 1/10/2019.] |
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Filing 8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kentha McDowell signed by Magistrate Judge Carolyn K. Delaney on 12/15/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M) [Transferred from California Eastern on 1/10/2019.]
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Filing 7
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/15/16 granting #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. Plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M) [Transferred from California Eastern on 1/10/2019.]
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| SERVICE BY MAIL: #8 Order Directing Prisoner Payment, served on Kentha McDowell. (Plummer, M) [Transferred from California Eastern on 1/10/2019.] |
| SERVICE BY MAIL: #7 Order on Motion to Proceed in forma pauperis, served on Kentha McDowell. (Plummer, M) [Transferred from California Eastern on 1/10/2019.] |
| Filing 6 PRISONER TRUST FUND ACCOUNT STATEMENT (Washington, S) [Transferred from California Eastern on 1/10/2019.] |
| Filing 5 CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for Kentha McDowell, CDC F-10807 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Dillon, M) [Transferred from California Eastern on 1/10/2019.] |
| SERVICE BY MAIL: 5 Notice re TRUST STATEMENT NEEDED, served on Kentha McDowell. (Dillon, M) [Transferred from California Eastern on 1/10/2019.] |
| Filing 4 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 10/14/2016. (Attachments: #1 Order re Consent) (Sant Agata, S) [Transferred from California Eastern on 1/10/2019.] |
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Filing 3
ORDER TRANSFERRING CASE to the SACRAMENTO Division of the Eastern District of California signed by Magistrate Judge Barbara A. McAuliffe on 9/8/2016. (Sant Agata, S) [Transferred from California Eastern on 1/10/2019.]
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| SERVICE BY MAIL: #3 Order, #4 Prisoner New Case Documents for Magistrate Judge as Presider served on Kentha McDowell. (Sant Agata, S) [Transferred from California Eastern on 1/10/2019.] |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Kentha McDowell. (Sant Agata, S) [Transferred from California Eastern on 1/10/2019.] |
| Filing 1 (1983) PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Kentha McDowell.(Sant Agata, S) [Transferred from California Eastern on 1/10/2019.] |
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