Benjamin v. California Department of Corrections and Rehabilitation et al
| Derrick Benjamin |
| Governor State of California, Vimal Singh and California Department of Corrections and Rehabilitation |
| 2:2012cv00392 |
| February 15, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
40
ORDER granting 38 Motion to Dismiss signed by Senior Judge William B. Shubb on 8/28/13: This action is dismissed WITHOUT PREJUDICE. (Kaminski, H)
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Filing
39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/22/13 recommending that defendants' motion to dismiss 38 be granted. This action be dismissed without prejudice pursuant to FRCP 41(b). MOTION to DISMISS 38 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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Filing
37
ORDER signed by Senior Judge William B. Shubb on 5/24/13 ORDERING the findings and recommendations filed 4/12/13, are adopted in full; Defendants' motion to declare plaintiff a "three-strikes" litigant 18 is denied; Plaintiff� 39;s motion for entry of default and default judgment 24 is denied; Plaintiff's motion for summary judgment 26 is denied without prejudice; Plaintiff shall file a new application to proceed in forma pauperis, specific to non-prisoners, within 30 days from service of this order; The operative complaint 1 is dismissed and plaintiff is granted 30 days from service of this order to file and serve an amended complaint that meets the requirements set forth in the findings and recommendations; The Clerk shall send plaintiff, along with this order, a blank Application to Proceed without Prepayment of Fees and Affidavit, used in non-prisoner cases. (Becknal, R)
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Filing
36
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/11/13 RECOMMENDING that Defendants motion to declare plaintiff a three- strikes litigant, pursuant to 28 U.S.C. § 1915(g) 18 , should be denied. Plaintiffs motion for entry of default, and default judgment 24 , should be denied. Plaintiffs motion for summary judgment 26 , should be denied without prejudice. Plaintiff should be required to submit, within 30 days after service of the district judges order adopting these findings and recommendations, a new application to proceed in forma pauperis, specific to non-prisoners. The operative complaint 1 should be dismissed, and plaintiff should be granted leave to file and serve, within 30 days after service of the district judges order, an Amended Complaint that meets the requirements set forth herein. The Clerk of Court should be directed to send plaintiff, with the district judges order adopting these findings and recommendations, a blank Application to Proceed Without Prepayment of Fees and Affidavit, used in non-prisoner cases.. referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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Filing
13
ORDER denying 11 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 07/19/12. (Plummer, M)
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Filing
6
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Derrick Benjamin signed by Magistrate Judge Kendall J. Newman on 5/25/2012. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
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