Jones v. Plessas et al
| Malik Jones |
| C Plessas, T Smith, - Sloan, Boras, Cross, J Dunks, G Hibbits, T. Jackson, C K Lockard, R. Celis, G. Ratliff, Barker, Nurse Monica, D. Hitt, Keatnes, T Kinssinger, Fletcher, Lorad, A. Pickens, Martaines, Cosby, J. Wright, E Callison, P Hass, D Simpson, D Griffith, T. Robertson, C. Prater, R. Ingwerson and A. Amero |
| 2:2009cv02133 |
| August 3, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Dale A. Drozd |
| Dale A. Drozd |
| 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
68
ORDER signed by Magistrate Judge Kendall J. Newman on 2/13/12 ORDERING that plaintiff's 65 motion to dismiss this action is GRANTED, and this action is DISMISSED. CASE CLOSED (Kastilahn, A)
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Filing
67
ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/12 ORDERING that defendants notify this court, within seven days, whether they have any objection to the dismissal of this action.(Dillon, M)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/12 ordering plaintiff's 11/14/11 motion 59 is denied without prejudice. Within 30 days from the date of this order, plaintiff shall show cause why defendants Cosby and Martines, the sole remaining defendants, should not be dismissed based on plaintiff's failure to first exhaust administrative remedies; and that this action be dismissed. (Plummer, M)
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Filing
62
ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/11 ordering within 14 days from the date of this order, counsel for defendants shall file a copy of any document or documents received from plaintiff that were allegedly filed toward the end of October 2011. If defendants file only a notice of fling, and not a copy of the documents plaintiff sent to the court, plaintiff may re-file his response to the court's 09/29/11 order, within 21 days from the date the defendants file the notice. (Plummer, M)
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Filing
60
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/15/11 recommending that the 04/19/11 motion to dismiss filed by defendants Kissinger, Wright, Fletcher, Pickens, Jackson, Plessas and Smith 42 be granted. The 07/18/11 motion to dismiss filed by defendants Boretz, Krause and Laeres 53 be granted. Plaintiff's state law claims be dismissed; and defendants Kissinger, Wright, Fletcher, Pickens, Jackson, Plessas, Smith, Boretz, Krause and Laeres be dismissed from this action. MOTIONS 42 and 53 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
58
ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/11 ORDERING that plaintiff shall forthwith seek an Olson or central file review, and if prison officials notify plaintiff his central file is still unavailable, shall immediately inform the court; Plaintiff is granted 30 days from the date of this order in which to submit copies of appeal forms; and Defendants shall file a reply within 7 days thereafter.(Dillon, M)
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Filing
54
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2011 ORDERING that, within 30 days, Pltf shall file an opposition to 53 Motion to Dismiss. (Zignago, K.)
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Filing
49
ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/2011 ORDERING that, w/in 30 days, pltf shall file an opposition, if any to the 42 motion to dismiss. (Yin, K)
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Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/11 recommending that this action be dismissed without prejudice. Objections to F&R due w/in 14 days. (Matson, R)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/2011 ORDERING that 31 request for clarification is GRANTED. (Yin, K)
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Filing
26
ORDER signed by Judge Frank C. Damrell, Jr on 12/9/10 ORDERING that Pltf is granted leave to file a third amended complaint. Clerk directed to separately docket pltf's proposed third amended complaint entitled "second amended complaint" ; and appended to docket no. 23 . Clerk to interlineate the word "Third" in the title and shall docket the "Third Amended Complaint" as of 11/16/10. The 22 Findings and Recommendations are partially ADOPTED and claims against m ultiple defts are dismissed as described herein. Deft Barker is dismissed based on pltf's failure to include charging allegations against him. The third amended complaint states a potentially cognizable claim against defts A. Pickens, Martines, Loard, Smith and Kinssiger. Furthermore, service is appropriate as to defts Boras, Cross, Cosby, and Wright. Clerk to send plft 4 USM-285 forms, 1 summons, and a copy of the third amended complaint. Within 30 days, pltf shall submit the Notice of Submission form, 4 USM-285 Forms, and 13 copies of the Amended Complaint filed on 11/16/10. (Owen, K)
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Filing
22
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/21/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for Fletcher, T. Jackson, T Kinssinger, Lorad, Ma rtaines, A. Pickens, C Plessas, T Smith. Clerk to send plaintiff: 1 Summons, 8 USM-285 Forms, and 1 copy of the Amended Complaint filed on 8/31/10. It is RECOMMENDED that Plaintiffs access to the court claims against defendants Lockard, Keating, Dun ks, Hitt, and Hass should be dismissed for failure to state a claim. Plaintiffs due process challenges to two disciplinary hearings, against defendants Griffith, Ingwerson, Robertson, and Amero, should be dismissed. Plaintiffs § 1983 claims alle ging threats and intimidation, by defendants Jackson, Celis, Dunks, Hibbits, Monica, Ratliff, Lockard, Sloan, and Callison do not state cognizable civil rights claims and should be dismissed. Plaintiffs conclusory allegation that defendants denied hi m necessary medical care should be dismissed for failure to state a claim. Plaintiffs state law claim alleging violation of California Civil Code § 52.1 should be dismissed without prejudice for failure to allege compliance with the Tort Claims Act. Remaining defendants Boras, Cross, Barker, Cosby, and Wright, be dismissed based on plaintiffs failure to include charging allegations against them. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
18
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/24/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
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Filing
16
ORDER signed by Magistrate Judge Kendall J. Newman on 07/14/10 ordering plaintiff's amended complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit it along with an original and 1 copy of the second amended complaint. (Plummer, M)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 04/13/10 DENYING 11 Motion for order directing service. (Williams, D)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Malik Jones signed by Magistrate Judge Kendall J. Newman on 3/26/2010. CDC is to collect an initial partial filing fee and thereafter the balance and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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Filing
5
ORDER signed by Magistrate Judge Dale A. Drozd on 10/5/09 ORDERING that plaintiff shall submit, within 30 days from the date of this order, either the$350.00 filing fee or a properly completed application to proceed in forma pauperis; Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(Dillon, M)
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