Reyes, et al., v. Modesto, et al.,
| Victoria Reyes and Jose Reyes |
| Joseph Modesto, David Jakabosky, Michelle Davis-Tate, Richard Winters and Nancy Meuer |
| 2:2009cv03114 |
| November 9, 2009 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Garland E. Burrell |
| Dale A. Drozd |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| 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
44
ORDER signed by Judge Kimberly J. Mueller on 9/12/2013 ORDERING 40 On 9/5/2013, plaintiff Victoria Reyes filed a change of address, coupled with a request to reopen her case. As the docket reflects plaintiffs' continued failure to comply with the court's orders and to prosecute the case, the court DECLINES to reopen. NO FURTHER ORDERS WILL ISSUE in this closed case. (Reader, L)
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Filing
38
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/6/12 Recommending that that Plaintiffs' complaint be dismissed with prejudicere 1 , 14 . These FINDINGS AND RECOMMENDATIONS are referred to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
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Filing
37
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 06/01/12 ORDERING that no later than 06/22/12, plaintiffs shall SHOW CAUSE in writing why their case should not be dismissed with prejudice for failing to prosecute this action and comply with the Court's order. Plaintiffs' failure to file the required writing shall constitute additional grounds for, and plaintiffs' consent to, the dismissal of their case with prejudice. (Benson, A.)
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Filing
36
ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ADOPTING 35 FINDINGS AND RECOMMENDATIONS; GRANTING 33 Motion to Reopen Case; DENYING AS MOOT 34 Motion to Proceed IFP. Plaintiffs may either attempt to effectuate service of their First Amen ded Complaint through the U.S. Marshals office or file a second amended complaint, which will be subject to screening. Within 30 days of the date of this order, plaintiffs must file a notice with the court indicating whether they intend to effectuate service of their First Amended Complaint through the U.S. Marshals office or file a second amended complaint. Thereafter, the magistrate judge will enter a separate order addressing the timing and other requirements addressed to the option selected by plaintiffs. The Clerk of Court shall administratively CLOSE the action entitled Reyes v. West Sacramento Police, et al., No. 2:12-cv-00004 KJM KJN PS. (Meuleman, A)
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Filing
35
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/12; Plaintiffs motion to reopen this case (Dkt. No. 33) be granted and that this case be reopened. Plaintiffs be given an option to either attempt to effectuate servic e of their First Amended Complaint through the U.S. Marshals office or file a Second Amended Complaint, which would be subject to screening. Plaintiff's application to proceed in forma pauperis (Dkt. No. 34) be denied as moot. The Clerk of Cou rt be directed to administratively close the action entitled Reyes v. West Sacramento Police, et al., No. 2:12-cv-00004 KJM KJN PS (E.D. Cal). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b) (1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id.; see also E. Dist. Local Rule 304(b). Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed with the court and served on all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). IT IS SO RECOMMENDED.(Matson, R)
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Filing
30
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/17/11 RECOMMENDING that plaintiffs action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
28
ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/11 ORDERING pltf's request for an extension of time 27 is GRANTED; pltf shall have 30 days from the date of this order to submit completed USM-285 forms and other previously identified documents to the US Marshal to effectuate service; the Status Conference is RE-SET for 6/16/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Carlos, K)
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Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 12/7/10 ORDERING that Plaintiffs shall have 60 days from the date of this order to submit completed USM-285 forms and other previously identified documents to the US Marshal in order to effectuate service of plaintiffs' First Amended Complaint; The Clerk of Court is directed to transmit to plaintiff Jose Reyes five USM-285 forms; all remaining requirements of the court's service order 16 remain in effect. (Becknal, R)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/10, ORDERING that 19 pltfs' request for assistance in obtaining information required to effectuate service on the named dfts is DENIED without prejudice. The Clerk is directed to return the incomplete USM-285 forms to pltfs.(Kastilahn, A)
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Filing
16
ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/10: Plaintiffs' application to proceed in forma pauperis is denied as moot 15 . Service of plaintiffs' First Amended Complaint is appropriate for the following five defendants: Jos eph Modesto, David Jakobosky, Michelle Davis- Tate, Richard Winters, and Nancy Meuer. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. The Clerk of Court shall send plaintiffs five USM-2 85 forms, one summons, an endorsed copy of the First Amended Complaint filed September 22, 2010 14 , this courts scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. (Kaminski, H)
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Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/10 ORDERING Plaintiffs' 12 request for leave to file an Amended Complaint is GRANTED; plaintiffs shall have 60 days from the date of service of this order to file an amended complaint, as described in this court's order entered 4/22/10 10 . (Becknal, R)
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Filing
10
ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2010 ORDERING that Pltfs' 7 Motion to Proceed IFP is GRANTED. Pltfs' complaint is DISMISSED with leave to amend. Pltf is GRANTED 30 days to file an amended complaint. (Engbretson, K.)
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Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/10 ORDERING that within 20 days from the date of this order pltf Victoria Reyes shall submit either a completed IFP application or pay the appropriate filing fee; clerk directed to send new IFP application. (
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