(PC) Frank E. Peters v. Norris Hollie et al
| Frank E Peters |
| Does 1-10, Norris Hollie, Evelyn G. Castro, Mahesh B. Patel, Craig Apker, Conrad M. Graber, Stephanie Hicks and Burnet T. Rucker |
| 1:2018cv01230 |
| September 11, 2018 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Lawrence J O'Neill |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Filing 76
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to Decline of Jurisdiction of US Magistrate Judge, this case has been assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Erica P. Grosjean. The new case number is: 1:18-CV1230 LJO-EPG (PC). (Martin-Gill, S)
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SERVICE BY MAIL: 76 Clerk's Notice Reassigning Case, served on Frank E Peters. (Martin-Gill, S)
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Filing 75
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Craig Apker, Stephanie Hicks, Norris Hollie, Burnet T. Rucker. (Strottman, Kristina)
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Filing 74
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 10/15/2018. (Attachments: #1 Order re Consent) (Flores, E)
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Filing 73
CASE TRANSFERRED IN from District of California Central; Case Number 2:17-cv-02466.
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SERVICE BY MAIL: #74 Prisoner New Case Documents for Magistrate Judge as Presider served on Frank E Peters. (Flores, E)
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Filing 72
ORDER TRANSFERRING CASE by Magistrate Judge Shashi H. Kewalramani, transferring case to Eastern District of California. Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (hr) [Transferred from cacd on 9/11/2018.]
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Filing 71
PLAINTIFF'S REPLY TO DEFENDANTS HOLLIE, APKER, RUCKER AND HICKS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT #67 filed by Plaintiff Frank E Peters. (bm) [Transferred from cacd on 9/11/2018.]
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Filing 70
MINUTE ORDER IN CHAMBERS - ORDER RE: PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P 41(a) or (c) by Magistrate Judge Shashi H. Kewalramani re: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #69 . Mahesh B. Patel (HSA), Evelyn G. Castro (MD. ) and Conrad M. Graber (Warden, FCI Terminal Island) terminated. (mrgo) [Transferred from cacd on 9/11/2018.]
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Filing 69
NOTICE OF DISMISSAL filed by Plaintiff (Defendants) Evelyn G. Castro, Mahesh B. Patel, Conrad M. Graber pursuant to FRCP 41a(1) as to Evelyn G. Castro, Mahesh B. Patel, Conrad M. Graber. (Attachments: #1 POS)(Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 68
MINUTE ORDER IN CHAMBERS: Order Setting Briefing Schedule on Defendants Motion to Dismiss by Magistrate Judge Shashi H. Kewalramani. Plaintiff's opposition, or notice of non-opposition, to the motion must be served and filed on or before May 25, 2018. An opposition should be limited to issues raised in the motion to dismiss. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 67
NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by defendants Craig Apker, Stephanie Hicks, Norris Hollie, Burnet T. Rucker. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Proof of Service) (Gruenberg, Kristina) [Transferred from cacd on 9/11/2018.]
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Filing 66
ORDER by Magistrate Judge Shashi H. Kewalramani, re Stipulation for Extension of Time to File Response/Reply #65 GOOD CAUSE HAVING BEEN SHOWN, the Defendants shall have up to and including May 8, 2018, to respond to the First Amended Complaint. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 65
STIPULATION for Extension of Time to File Response as to Amended Complaint #64 filed by Defendants Conrad M. Graber, Mahesh B. Patel. (Attachments: #1 Proposed Order, #2 POS)(Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 64
FIRST AMENDED COMPLAINT #1 against Defendants Craig Apker, Evelyn G. Castro, Conrad M. Graber, Stephanie Hicks, Norris Hollie, Mahesh B. Patel, Burnet T. Rucker filed by Plaintiff Frank E Peters. (lom) [Transferred from cacd on 9/11/2018.]
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Filing 61
MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: moot #60 MOTION for Extension of Time to File. The Court issuedits Order Dismissing Complaint with Leave to Amend which gives a twenty-one(21) day deadline for which Plaintiff to file a First Amended Complaint. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 60
MOTION for 4th Extension of Time to Respond to Order to Show Cause to March 22, 2017 filed by plaintiff Frank E Peters. (iva) [Transferred from cacd on 9/11/2018.]
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Filing 59
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Shashi H. Kewalramani: #32 MOTION to Dismiss Case. The Court GRANTS MovingDefendants motion to dismiss Plaintiff's Complaint, with leave to amend. (Attachments: #1 Blank CV Rights Form, #2 Voluntary Dismissal) (dc) [Transferred from cacd on 9/11/2018.]
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Filing 58
ORDER EXTENDING TIME TO RESPOND TO COMPLAINT by Magistrate Judge Shashi H. Kewalramani: withdrawing #55 APPLICATION for Extension of Time to File; granting #57 APPLICATION for Order. Defendants Conrad M. Graber's andMahesh B. Patel's time to respond to the Complaint is extended to March 23, 2018. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 57
EX PARTE APPLICATION for Order for to Extend Time to Respond to the Complaint (Memorandum of Points and Authorities; and Declaration of Marcus M. Kerner in Support of Application filed by Defendants Conrad M. Graber, Mahesh B. Patel. (Attachments: #1 Proposed Order, #2 POS) (Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 56
Notice of Withdrawal of Motion for Extension of Time to File #55 filed by Defendants Conrad M. Graber, Mahesh B. Patel. (Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 55
EX PARTE APPLICATION for Extension of Time to File the Respond to the Complaint filed by Defendants Conrad M. Graber, Mahesh B. Patel. (Attachments: #1 Proposed Order, #2 POS) (Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 54
Notice of Appearance or Withdrawal of Counsel: for attorney Marcus M Kerner counsel for Defendants Conrad M. Graber, Mahesh B. Patel. Adding Marcus M. Kerner as counsel of record for Conrad M. Graber, Mahesh B. Patel for the reason indicated in the G-123 Notice. Filed by Defendants Conrad M. Graber, Mahesh B. Patel. (Attachments: #1 POS)(Attorney Marcus M Kerner added to party Conrad M. Graber(pty:dft), Attorney Marcus M Kerner added to party Mahesh B. Patel(pty:dft))(Kerner, Marcus) [Transferred from cacd on 9/11/2018.]
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Filing 53
MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: granting #52 MOTION for Extension of Time to File. The Court GRANTS Mr. Peters extension of time to February 22, 2018 in which to respond to the Court's Order to Show Cause or provide a status report. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 52
PLAINTIFF'S MOTION for 3rd Extension of Time to Respond to Order to Show Cause and Motion for Time to Provide the Court a Status Report as to Ben Shmuel's Response to the Subpoena for the US Marshal's to Complete Service filed by plaintiff Frank E Peters. (dro) [Transferred from cacd on 9/11/2018.]
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Filing 51
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Conrad M. Graber served on 11/3/2017, answer due 11/24/2017, served by Personal service, by Federal statute, upon Susan Graber, Wife. Remarks: 1st Attempt at 8;30 AM - No one home and left business card w/instruction to call on 11/3/17. 1 Deputy. 5 hours. 76 rd trip miles. (jp) [Transferred from cacd on 9/11/2018.]
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Filing 50
MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: #49 MOTION for Extension of Time to File. The Court GRANTS Mr. Peters extension of time to January 19, 2018 in which to respond to the Court's Order to Show Cause. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 49
MOTION for Second Extension of Time to Respond to Order to Show Cause and Motion Requesting This Court to Direct the US Marshals Service to Contact the Legal Department of the United States Bureau of Prisons filed by plaintiff Frank E Peters. (iva) [Transferred from cacd on 9/11/2018.]
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Filing 48
MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: #47 MOTION for Extension of Time to File. The Court has read Plaintiff's motion and GRANTS and extension of time to December 14, 2017 in which to respond to the Courts Order to Show Cause. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 47
PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO ORDER TO SHOW CAUSEfiled by Plaintiff Frank E Peters. (shb) [Transferred from cacd on 9/11/2018.]
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Filing 46
PROOF OF SERVICE Executed by Plaintiff Frank E Peters, Attorney General served on 10/13/2017, answer due 12/12/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by delivering a copy to not indicated (mailed). Executed upon the officer agency or corporation by delivering a copy to unknown. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (twdb) [Transferred from cacd on 9/11/2018.]
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Filing 45
REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case #32 filed by Defendants Craig Apker, Stephanie Hicks, Norris Hollie, Burnet T. Rucker. (Gruenberg, Kristina) [Transferred from cacd on 9/11/2018.]
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Filing 44
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 (dro) [Transferred from cacd on 9/11/2018.]
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Filing 43
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Mahesh B. Patel served on 9/27/2017, answer due 10/18/2017, (dro) [Transferred from cacd on 9/11/2018.]
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Filing 42
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 (dro) [Transferred from cacd on 9/11/2018.]
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Filing 41
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Conrad M. Graber served on 9/27/2017, answer due 10/18/2017, (dro) [Transferred from cacd on 9/11/2018.]
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Filing 39
SERVICE PACKAGE INCLUEDS: Minutes of In Chambers Order/Directive - no proceeding held,, #38 and associated documents and (6) USM 285-forms sent via US mail to plaintiff. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY [Transferred from cacd on 9/11/2018.]
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Filing 38
Order To Show Cause As To Why Action Should Not Be Dismissed As To Defendants Patel, Castro, and Graber by Magistrate Judge Shashi H. Kewalramani. Plaintiff is ORDERED TO SHOW CAUSE, in writing, why the Court should not dismiss his claims against defendants Patel, Castro, and Graber for failure to serve and/or failure to prosecute. Accordingly, if Plaintiff wishes to proceed with this lawsuit against these three defendants, within thirty (30) days of the date of this Order. (Attachments: #1 Notice of Submission, #2 Order Re Dismiss) (dc) [Transferred from cacd on 9/11/2018.]
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Filing 40
RESPONSE to Defendants' MOTION to Dismiss Case #32 filed by Plaintiff Frank E Peters. (ad) [Transferred from cacd on 9/11/2018.]
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Filing 37
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Does served on 9/6/2017, answer due 9/27/2017, served by Personal service, by Federal statute, upon Patricia Myles, Civil Process Clerk. Remarks: 6/23/17-mailed letter waivers; 1 DVSM, 1 hr, 2 miles. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 63
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Norris Hollie served on 6/23/2017, answer due 7/14/2017, Remarks: 6/23/17 mailed letter waiver, Received signed waiver letter. (sbou) [Transferred from cacd on 9/11/2018.]
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Filing 62
PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights) #1 for Evelyn G. Castro. (sbou) [Transferred from cacd on 9/11/2018.]
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Filing 36
PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted filed by plaintiff Frank E Peters. as to Evelyn G. Castro. individual and official capacity ( advised by BOP defendant has retired. No forwarding information available (Attachments: # 1 usm 285)(sbu) Modified on 3/21/2018 (sbou). [Transferred from cacd on 9/11/2018.]
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Filing 35
WAIVER OF SERVICE Returned Executed filed by plaintiff Frank E Peters. upon Norris Hollie waiver sent by Plaintiff on 6/23/2017, answer due 8/22/2017. Waiver of Service signed by Susan E. Coleman attorney for Defendant. (sbu) [Transferred from cacd on 9/11/2018.]
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Filing 34
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Norris Hollie individual and official served on 8/31/2017, answer due 9/21/2017, served by Legal evidence of service service, by Federal statute, upon U S Marshal. Remarks: 6/23/17 mailed letter waiver. Received signed waiver letter. (sbu) (Additional attachment(s) added on 9/7/2017: # 1) (sbu). Modified on 9/7/2017 (sbu). Modified on 3/21/2018 (sbou). [Transferred from cacd on 9/11/2018.]
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Filing 33
MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: #32 Order Re: Motion to Dismiss Briefing Schedule. Plaintiff's opposition, or notice of non-opposition, to the Motion must be served and filedby September 28, 2017. Defendants' reply, if any, shall be served and filed by October 12, 2017. Unless otherwise ordered, the Motion will be taken under submission, without oral argument, when briefing is complete, and the parties will be notified by mail or email of all further proceedings. (dc) [Transferred from cacd on 9/11/2018.]
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Filing 32
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Craig Apker, Stephanie Hicks, Norris Hollie, Burnet T. Rucker. (Attachments: #1 Proposed Order, #2 Proof of Service) (Gruenberg, Kristina) [Transferred from cacd on 9/11/2018.]
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Filing 31
Notice of Appearance or Withdrawal of Counsel: for attorney Kristina Doan Gruenberg counsel for Defendants Craig Apker, Stephanie Hicks, Norris Hollie, Burnet T. Rucker. Adding Kristina Doan Gruenberg as counsel of record for Norris Hollie, M.D., Craig Apker, Burnett Rucker, M.D. and Stephanie Hicks, R.N. for the reason indicated in the G-123 Notice. Filed by defendants Norris Hollie, M.D., Craig Apker, Burnet T. Rucker, M.D. and Stephanie Hicks, R.N.. (Attorney Kristina Doan Gruenberg added to party Craig Apker(pty:dft), Attorney Kristina Doan Gruenberg added to party Stephanie Hicks(pty:dft), Attorney Kristina Doan Gruenberg added to party Norris Hollie(pty:dft), Attorney Kristina Doan Gruenberg added to party Burnet T. Rucker(pty:dft))(Gruenberg, Kristina) [Transferred from cacd on 9/11/2018.]
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Filing 30
Notice of Appearance or Withdrawal of Counsel: for attorney Susan E Coleman counsel for Defendant Norris Hollie. Adding Susan E. Coleman as counsel of record for Norris Hollie for the reason indicated in the G-123 Notice. Filed by defendant Norris Hollie. (Attorney Susan E Coleman added to party Norris Hollie(pty:dft))(Coleman, Susan) [Transferred from cacd on 9/11/2018.]
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Filing 29
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 17-109 by Magistrate Judge Patrick J. Walsh. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Shashi H. Kewalramani, this case is transferred from the calendar of Magistrate Judge Rozella A. Oliver to the calendar of Magistrate Judge Shashi H. Kewalramani for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 2:17-cv-02466 VBF (SHK) absent further order of the Court. (esa) [Transferred from cacd on 9/11/2018.]
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Filing 28
WAIVER OF SERVICE Returned Executed filed by Plaintiff Frank E. Peters, upon Craig Apker. Waiver sent by Plaintiff on 6/23/2017, answer due 8/22/2017. Waiver of Service signed by Susan E. Coleman, Attorney for Defendant. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 27
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint #1 upon Craig Apker (warden). Remarks: 6/23/17-mailed letter waiver; 7/24/17- received signed waiver. (RECEIVED C/CA, MARSHALS SERVICE JUN 21, 2017 2:33PM) (gr) [Transferred from cacd on 9/11/2018.]
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Filing 26
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint #1 upon Craig Apker served on 7/25/2017, answer due 8/15/2017. Remarks: 6/23/17-mailed letter waivers; 7/24/17-received signed waiver. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 25
WAIVER OF SERVICE Returned Executed filed by Plaintiff Frank E. Peters upon Burnet T. Rucker, waiver sent by Plaintiff on 6/23/2017, answer due 8/22/2017. Waiver of Service signed by Susan E. Coleman, Attorney for Defendant. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 24
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint #1 upon Burnet T. Rucker; Remarks: 6/23/17; mailed letter waiver; 7/24/17 received signed waiver.(Received C/CA U.S. MARSHAL SERVICE- JUNE 21, 2017 2:29) (gr) [Transferred from cacd on 9/11/2018.]
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Filing 23
WAIVER OF SERVICE Returned Executed filed by plaintiff Frank E Peters. Served upon Stephanie Hicks, on 7/6/2017, answer due 9/5/2017. Waiver of Service signed by Susan E. Coleman. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 22
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint #1 upon Burnet T. Rucker served on 7/25/2017, answer due 8/15/2017, Remarks: 6/23/17-mailed letter waiver; 7/24/17-received signed waiver. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 21
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint #1 upon Stephanie Hicks. Remarks: 6/23/17-mailed letter waiver; 7/24/17- received signed waiver. (gr) Modified on 8/2/2017 (gr). [Transferred from cacd on 9/11/2018.]
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Filing 20
PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) #1 upon Stephanie Hicks served on 7/25/2017, answer due 8/15/2017, Remarks: 6/23/17-mailed letter waiver; 7/24/17- received signed waiver. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 19
MINUTE ORDER IN CHAMBERS by Magistrate Judge Rozella A. Oliver: re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), #13 .The Courts order required Plaintiff to pay an initial partial filing fee of $1.00. (Id.) However, because Plaintiff is no longer incarcerated, Plaintiff was not required to pay any filing fee. Accordingly, the Courts May 3 order is hereby VACATED. Plaintiff is granted in forma pauperis status in this action pursuant to 28 U.S.C. 1915. Plaintiffs initial partial filing fee of $1.00 shall be refunded. (sbu) [Transferred from cacd on 9/11/2018.]
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Filing 18
NOTICE of Interested Parties filed by Defendants Craig Apker, Stephanie Hicks, Burnet T. Rucker, identifying Management & Training Corporation. (Coleman, Susan) [Transferred from cacd on 9/11/2018.]
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Filing 17
Notice of Appearance or Withdrawal of Counsel: for attorney Susan E Coleman counsel for Defendants Craig Apker, Stephanie Hicks, Burnet T. Rucker. Adding Susan E. Coleman as counsel of record for Craig Apker, Burnet T. Rucker, M.D. and Stephanie Hicks, R.N. for the reason indicated in the G-123 Notice. Filed by Defendants Craig Apker, Burnet T. Rucker, M.D. and Stephanie Hicks, R.N.. (Attorney Susan E Coleman added to party Craig Apker(pty:dft), Attorney Susan E Coleman added to party Stephanie Hicks(pty:dft), Attorney Susan E Coleman added to party Burnet T. Rucker(pty:dft))(Coleman, Susan) [Transferred from cacd on 9/11/2018.]
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Filing 16
NOTICE documents submitted to USM filed by plaintiff Frank E Peters. (sbu) [Transferred from cacd on 9/11/2018.]
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Filing 15
AMENDED ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Rozella A. Oliver, RE: Complaint #1 ,Order directing service #7 IT IS HEREBY ORDERED that the United States Marshal is authorized to proceed with service of process upon the following defendants only without prepayment of cost, until further Order of the Court: Norris Rollie,Burnet T. Rucker, Stephanie Hicks, Craig Apker, Evelyn G. Castro, Mahesh B. Patel and Conrad M. Graber. Upon receipt of this order, the United States Marshal may request that the defendants) waive service. If a waiver of service is not returned by a defendant within thirty (30) days of the date of mailing a request for waiver, the United States Marshal shall personally serve process upon that defendant. (sbu) [Transferred from cacd on 9/11/2018.]
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Filing 14
21 DAY Summons Issued re Complaint (Prisoner Civil Rights) #1 as to Defendants Craig Apker, Evelyn G. Castro, Conrad M. Graber, Stephanie Hicks, Norris Hollie, Mahesh B. Patel, Burnet T. Rucker. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 13
ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Rozella A. Oliver. IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is hereby GRANTED. Further ORDER an Initial Partial Filing Fee of $1.00 to be paid. #11 (gr) [Transferred from cacd on 9/11/2018.]
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Filing 12
MINUTES (IN CHAMBERS) ORDER FOR EXTENSION OF TIME TO SUBMIT DOCUMENTS (Docket # 9) by Magistrate Judge Rozella A. Oliver. The Court GRANTS Plaintiff's request for an extension of time. #9 Plaintiff shall file the Notice of Submission by June 3, 2017. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 11
REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES WITH DECLARATION IN SUPPORT filed by plaintiff Frank E. Peters. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 10
NOTICE of Change of address, changing Plaintiff's address to Frank Peters, 73-650 Pinyon street, Palm Desert, CA 92260. Filed by Plaintiff Frank E. Peters. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 9
MOTION FOR EXTENSION OF TIME TO SUBMIT DOCUMENTS TO UNITED STATES MARSHAL filed by plaintiff Frank E. Peters. (gr) [Transferred from cacd on 9/11/2018.]
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Filing 8
MINUTES (IN CHAMBERS) ORDER REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES [3, 4] by Magistrate Judge Rozella A. Oliver. On March 30, 2017, the Court received from Plaintiff a Request for Order For United States Marshal to Perform Service of Process. (Dkt. No. 3.) In Plaintiff's Request, he references a declaration in support of a request to proceed without prepayment of filing fees. (Id.) Plaintiff's Request is DENIED WITHOUT PREJUDICE. #3 #4 (Attachments: #1 CV-60P) (gr) [Transferred from cacd on 9/11/2018.]
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Filing 7
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Rozella A. Oliver. IT IS ORDERED as follows: No later than May 3, 2017, Plaintiff shall file with the Clerk of Court aNotice of Submission indicating that all required documents have been submitted to the United States Marshal for service of the Complaint. The form for this Notice of Submission is attached to this Order. Additionally, Plaintiff shall file copies of the USM-285 forms submitted to the United States Marshal.If Plaintiff does not file the Notice of Submission by May 3, 2017,this action will be subject to dismissal without prejudice. #1 (SEE ORDER FOR FURTHER DETAILS) (Attachments: #1 NOTICE OF SUBMISSION, #2 ORDER DIRECTING SERVICE OF PROCESS, #3 INSTRUCTIONS FOR SERVICE) (gr) [Transferred from cacd on 9/11/2018.]
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Filing 6
ORDER RE CIVIL RIGHTS CASE by Magistrate Judge Rozella A. Oliver. Pursuant to Federal Rule of Civil Procedure 4(m), service of the summons and complaint generally must be accomplished within 90 days after the filing of the complaint. The complaint herein was filed on March 30, 2017. However, since the Court screened the complaint pursuant to 28 U.S.C. 1915(e)(2), 1915A(b), the Court shall extend the 90-day period to commence as of the date of this Order. Accordingly, the 90-day period will expire on August 1, 2017. #1 (SEE ORDER FOR FURTHER DETAILS) (gr) [Transferred from cacd on 9/11/2018.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Valerie Baker Fairbank and referred to Magistrate Judge Rozella A. Oliver. (car) [Transferred from cacd on 9/11/2018.]
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Filing 4
NOTICE OF FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS (CV-93) as to Plaintiff Frank E. Peters. (car) Modified on 4/3/2017 (car). [Transferred from cacd on 9/11/2018.]
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Filing 3
REQUEST FOR ORDER FOR UNITED STATES MARSHALL TO PERFORM SERVICE OF PROCESS filed by Plaintiff Frank E. Peters. (car) [Transferred from cacd on 9/11/2018.]
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Filing 2
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Frank E. Peters (car) [Transferred from cacd on 9/11/2018.]
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Filing 1
CIVIL RIGHTS COMPLAINT filed against Defendants pursuant to 42 U.S.C. 1983. Case assigned to Judge Valerie Baker Fairbank and referred to Magistrate Judge Rozella A. Oliver, filed by Plaintiff Frank E. Peters. (car) [Transferred from cacd on 9/11/2018.]
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