Turner v. Colon
| Leo B Turner, Jr |
| R. Colon and Tracy State Prison's Warden |
| 2:2011cv02343 |
| September 6, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Gregory G. Hollows |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner 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
149
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/24/2015 RECOMMENDING that this action be dismissed without prejudice for failure to comply with a court order and failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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Filing
148
ORDER signed by Magistrate Judge Allison Claire on 07/21/15 ordering the clerk of the court is directed to update plaintiff's address to the address provided in the last proper notice of change of address filed by plaintiff 143 . Specifically , plaintiff's address should be changed to 742 K Street, Merced, CA 95341. The clerk of the court is directed to re-serve the 7/16/15 order 146 on plaintiff at 742 K Street, Merced, CA 95341. Within 21 days of this order, plaintiff must file either 1) a notice of affirming that his current address is 742 K Street, Merced, CA 95341, or 2)a notice of change of address that includes his current address within the notice. Defendants' motion for reconsideration 147 is granted in part and denied in part. The motion is granted to the extent this case shall be governed by the non-prisoner provisions of Local Rule 230 until such time as plaintiff files a proper notice of change of address that reflects he is in custody. The motion is denied to the extent it seeks to amend plaintiff's CDCR number on the docket. (Plummer, M)
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Filing
144
ORDER signed by Magistrate Judge Allison Claire on 2/17/2015 ORDERING that the 123 motion for summary judgment is fully briefed and remains submitted for decision on the papers; and discovery shall remain stayed in this action, see ECF No. 141 , until further notice of this court. (Yin, K)
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Filing
142
ORDER signed by Magistrate Judge Allison Claire on 1/15/15 ordering plaintiff shall within 30 days after the filing date of this order, inform the court of his current address of record, and a statement of intent to proceed with this action. The cl erk of the court is directed to serve a copy of this order on plaintiff at each of the following addresses: 1301 Yosemite Parkway, Merced, CA 95340. 181 East 16th Street, #(, Merced, CA 95340., and California State Prison Solano, PO Box 4000, Vacaville, CA 95696-4000.(Plummer, M)
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Filing
141
ORDER signed by Magistrate Judge Allison Claire on 10/15/14 ORDERING that Defendants motion for a protective order staying discovery (ECF No. 124 ) is GRANTED; Discovery in this case is STAYED until resolution of defendants pending summary judgment motion on grounds of non-exhaustion of administrative remedies; Assuming, in light of the Ninth Circuit remand, the renewal of plaintiffs previously vacated motion for summary judgment (ECF No. 83 ), the motion is vacated as premature and proce durally defective; Plaintiffs motion for an extension of time to file documents in support plaintiffs motion for summary judgment (ECF No. 133 ) is denied without prejudice as premature; Defendants unopposed request at ECF No. 131 that this matte r be governed by the non-prisoner provisions of L.R. 230, and not L.R. 230(l), is granted on the basis that plaintiff has been discharged from prison. Defendants pending summary judgment motion is nonetheless ordered submitted on the papers.(Dillon, M)
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Filing
116
ORDER signed by Magistrate Judge Allison Claire on 7/1/2014 ORDERING the defendants to file their response to the 20 second amended complaint within 30 days. (Yin, K)
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Filing
111
ORDER signed by Magistrate Judge Allison Claire on 3/26/14 ORDERING that Pursuant to the Ninth Circuits limited reference, ECF No. 110, this court does not find that plaintiffs in forma pauperis status should be revoked on appeal. The Clerk of the Court is directed to serve this order upon the Ninth Circuit Court of Appeals. (cc Ninth Circuit)(Dillon, M)
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Filing
101
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/13/13 ORDERING plaintiff's third amended complaint 69 is stricken. Plaintiff's motion for an order to show cause 80 and requests for entry of defaul t 81 and 82 are denied. Also, RECOMMENDING that defendants' motion to dismiss 70 be granted and this case be dismissed without prejudice. Plaintiff's motion for summary judgment 83 be vacated as moot. Motions 70 and 83 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
97
ORDER signed by Magistrate Judge Allison Claire on 11/25/13 ordering that following adjudication of the defendants' pending motion to dismiss for failure to exhaust administrative remedies, defendants will have 30 days to file their opposition to plaintiff's motion for summary judgment, if appropriate. (Plummer, M)
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Filing
91
ORDER denying 79 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 10/25/13. (Plummer, M)
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Filing
87
ORDER signed by Magistrate Judge Allison Claire on 10/7/13 ORDERING that Defendant is granted an additional sixty days, to and including December 6, 2013, within which to file an opposition to Plaintiffs motion for summary judgment in this action.(Dillon, M)
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Filing
77
ORDER signed by Judge Kimberly J. Mueller on 8/8/2013 ADOPTING 67 Findings and Recommendations; DENYING 40 Motion to Revoke IFP Status. (Michel, G)
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Filing
67
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/17/2013 ORDERING that defendants' 58 motion to strike plaintiff's second-filed opposition is DENIED as moot; plaintiff's 66 motion for leave t o amend/extension of time to amend is DENIED without prejudice; and the Clerk shall make a random district judge assignment to this case; and RECOMMENDING that defendants' 40 motion to revoke plaintiff's ifp status pursuant to the three -strikes provision of 28 U.S.C. § 1915 (g), be denied; and defendants be directed to file a response to the complaint within 21 days of any order adopting these Findings and Recommendations. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
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Filing
60
ORDER denying 59 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 03/01/13. (Plummer, M)
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Filing
55
ORDER signed by Magistrate Judge Allison Claire on 1/4/2013 DENYING plaintiff's 52 request for the appointment of counsel. (Yin, K)
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Filing
44
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/6/12 ORDERING that the order filed on September 14, 2012, has been discharged; Plaintiffs motion for the court to provide a copy of his second amended complaint, filed on October 1, 2012 [ 34], is GRANTED on this occasion only and the Clerk of the Court is directed to provide plaintiff a copy of the second amended complaint (ten pages), filed on December 12, 2011 20 , as well as a copy of plaintiffs exhibit (eleven pages), filed on December 21, 2011 21 , for a total of 21 pages; however, Absent appropriate payment made to the Clerks Office for copies in future, plaintiff will be provided no further copies from his case docket by this court for any reason. (Dillon, M)
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Filing
33
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/13/12 ORDERING that within 14 days of the date of this order, the warden of Kern Valley State Prison shall inform the court whether plaintiffs documents pertaining to this case have been removed so that he has no access to them or have been destroyed and, if so, why that has occurred; Clerk of the Court is directed to serve this order by mail on Warden Martin Biter, Kern Valley State Prison. (Dillon, M)
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Filing
31
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/22/2012, DENYING plaintiff's 28 motion for the appointment of counsel. (Yin, K)
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Filing
19
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/11 ORDERING that Plaintiffs request for an extension of time to file a second amended complaint, 17 , is GRANTED; Plaintiff is granted 60 days to file a second amended complaint; there wil l be no further extension of time; The Clerk of the Court on this one occasion is directed to send plaintiff a copy of his five-page amended complaint, filed on November 24, 2010 at 11 ; and Plaintiffs requests for appointment of counsel, filed on September 26, 2011 16 and on October 27, 2011 18 are DENIED. (Dillon, M)
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