Harper v. California Department of Corrections et al
| Daniel Harper |
| California Department of Corrections, High Desert State Prison and R&R Staff, High Desert State Prison |
| 2:2009cv01969 |
| July 17, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Garland E. Burrell |
| Edmund F. Brennan |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
39
ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 ORDERING that 38 Motion will be placed in the file and disregarded. Plaintiff is advised that the court will disregard, and will issue no response to, any future filings in this closed case. (Dillon, M)
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Filing
34
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/23/11 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
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Filing
28
ORDER ADOPTING 17 , 22 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 09/14/10 and ORDERING that, per to the three strikes rule of the Prison Litigation Reform Act, plf is BARRED, while incarcerated, from filing fu rther civil rights complaints in this court without prepayment of the full filing fee; the bar applies to the instant case and thus plf's 2 IFP is DENIED w/o prejudice to payment of the full filing fee; plf may, w/i 30 days, file a Second Amen ded Complaint in conjunction with payment of the full filing fee; failure of plf to timely file a Second Amended Complaint and pay the full filing fee shall result in dismissal of this action; and plf's 21 Motion for a Preliminary Injunction is DENIED. (Benson, A.)
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Filing
22
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/9/10 ORDERING that the 19 order to show cause is discharged; the hearing noticed by plaintiff for August 12, 2010 21 is vacated;and 17 FINDINGS AND RECOMMENDATIONS are reinstated; it is RECOMMENDED that 21 Motion for Preliminary Injunction be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
19
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 07/14/10 ordering the California Department of Corrections and Rehabilitation is directed to show cause in writing within 14 days of the filing date of this order, why plaintiff has not yet received the property which is the subject of this litigation. The California Department of Corrections and Rehabiliatation shall serve plaintiff with a copy of their response to this order to show cause. The Clerk of the Court shall serve a copy of this order on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: Michael Farrell) (Plummer, M)
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Filing
17
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/07/10 ORDERING plaintiff's amended complaint filed 04/09/10 15 is dismissed. Also, RECOMMENDING that Pursuant to the "three strikes" rule of t he Prison Litigation Reform Act, 28 USC 1915(g), plaintiff should be barred while incarcerated, from filing further civil rights complaints in this court without prepayment of the full filing fee. This bar should apply to the instant case and thus p laintiff's application to proceed in forma pauperis should be denied without prejudice to payment of the filing fee. Plaintiff should be granted leave to file a further amended complaint in the instant action (designated a "Second Amended Complaint") within 30 days after the filing date of the district judge's order, provided plaintiff prepays the filing fee. Failure of plaintiff to file a second amended complaint and pay the filing fee shall result in the dismissal of this action. MOTION to PROCEED IN FORMA PAUPERIS 2 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M) Modified on 6/8/2010 (Plummer, M).
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