Crane v. Rodriguez et al
| Richard Joseph Crane |
| Rodriguez, Robinette, Barton and Probst |
| 2:2015cv00208 |
| January 26, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Diego |
| Kendall J. Newman |
| Troy L. Nunley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
341
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/4/2024 ORDERING the custodian to produce Richard J. Crane C-44519, by Zoom video conference, before Magistrate Judge Allison Claire, on 2/15/202 4 at 9:00 a.m.; the custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Jonathan Anderson. (cc: AC, ADR)(Yin, K)
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Filing
339
ORDER signed by Magistrate Judge Kendall J. Newman on 10/6/2023 SETTING a Settlement Conference for 2/8/2024 at 09:00 AM in Courtroom 26 before Magistrate Judge Allison Claire, via Zoom video. The parties shall submit confidential settlement statements no later than 2/1/2024, in accordance with this order. The Clerk shall serve a copy of this order on RJDCF Litigation Office. (cc: AC, ADR)(Yin, K)
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Filing
338
ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/2023 PARTIALLY GRANTING plaintiff's 337 motion for counsel and APPOINTING Calvin J. Massey as limited purpose counsel for Richard Joseph Crane. Appointed counsel shall notify Sujea n Park if he has any questions related to the appointment. The parties shall contact Sujean Park within 14 days to arrange scheduling of the settlement conference. The Clerk shall serve a copy of this order upon Calvin J. Massey at Law Office of Calvin J. Massey, 5170 Golden Foothill Pkwy, El Dorado Hills, CA 95762 (Counsel to update address in PACER). (cc: Sujean Park) (Yin, K)
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336
ORDER signed by District Judge Troy L. Nunley on 05/10/23 ADOPTING 330 Findings and Recommendations in full and DENYING 327 Request to Dismiss this action as a sanction. (Benson, A.)
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331
ORDER signed by District Judge Troy L. Nunley on 03/27/2023 ADOPTING 322 Findings and Recommendations in full; GRANTING 236 Motion for Summary Judgment as to the following Claims: 1) Plaintiff's claims regarding the 01/16/2013 incident bas ed on plaintiff's failure to exhaust administrative remedies (including the related claim against defendant Davey); 2) Plaintiff's claims against defendant Robinette regarding the 01/22/2011 incident as without merit; and 3) Plaintiff' s claims against Defendant Davey regarding the 03/01/2013 incident as without merit; DENYING in all other respects the 236 Motion for Summary Judgment on behalf of Defendants Barton, etc.; DENYING 240 Motion for Summary Judgment on behalf of Defendant Weeks; DENYING 328 Plaintiff's second Motion for Extension of Time. (Rodriguez, E)
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330
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/20/2023 DENYING the 325 Request for Clarification and the 329 Motion for Extension of Time. It is hereby RECOMMENDED that defendant's 327 Request to dismiss this action as a sanction be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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322
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 01/04/23 GRANTING 306 Plaintiff's Motion to File a Response and RECOMMENDING that 236 Barton, etc.'s Motion for Summary Judgment be granted in part and denied in part and 240 Week's Motion for Summary Judgment be denied. Referred to Judge Troy L. Nunley; Objections to F&Rs, not to exceed 15 pages, due within 30 days. (Benson, A.)
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321
ORDER signed by District Judge Troy L. Nunley on 01/02/23 ADOPTING 313 Findings and Recommendations in full and DENYING 281 Motion for Preliminary Injunction. (Licea Chavez, V)
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319
ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/22 GRANTING 318 Motion for Extension of Time. Objections to 313 Findings and Recommendations due within 30 days. (Her, S)
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Filing
317
ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/2022 GRANTING 316 Motion for Extension of Time, and GRANTING Plaintiff 30 days from the date of this order in which to file and serve his objections to 313 Findings and Recommendations. (Huang, H)
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313
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/27/2022 DISREGARDING 294 Response, ORDERING that the restrictions on plaintiff's filings continue, and RECOMMENDING that 281 Motion for Injunctive Relief be denied. Referred to District Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. (Huang, H)
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Filing
312
ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/2022 DENYING 310 Motion to Strike and ORDERING that defendants are relieved of any obligation to respond to 309 Supplement. 309 Supplement is DISREGARDED. Plaintiff shall file nothing further pending this Court's findings and recommendations on 236 , 240 Motions for Summary Judgment and 281 Motion for Preliminary Injunction. (Huang, H)
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Filing
290
ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/2022 GRANTING plaintiff's 288 motion for relief from default and PARTIALLY GRANTING group defendants 287 request for an extension of time. Plaintiff's 2/28/2022 and 3/3/2022 filings will be considered in connection with the pending motions for summary judgment. Within 14 days, plaintiff shall file a response to this order. Group defendants and defendant Weeks have 30 days from the date plaintiff responds to this order in which to file their replies. The Clerk shall send plaintiff a copy of inmate Michael Reed's 285 declaration. (Yin, K)
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284
ORDER signed by Magistrate Judge Kendall J. Newman on 02/02/22 DENYING 276 motion for appointment of counsel.(Plummer, M)
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279
ORDER signed by Magistrate Judge Kendall J. Newman on 2/02/22 DENYING 276 Motion to Appoint Counsel. (Plummer, M)
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278
ORDER signed by District Judge Troy L. Nunley on 2/1/22 ORDERING that, upon reconsideration 272 , the order of the magistrate 266 is AFFIRMED. (Kastilahn, A)
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268
ORDER signed by Magistrate Judge Kendall J. Newman on 12/1/21 DENYING 267 plaintiff's Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file a request for the district court's reconsideration of the 11/12/21 order denying plaintiff's motion to strike.(Kastilahn, A)
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266
ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2021 DENYING plaintiff's 253 motion to strike, GRANTING the group defendants' 255 motion for sanctions, and DENYING plaintiff's 263 motion to modify the schedul ing order. As a sanction for bringing a baseless motion, plaintiff is prohibited from filing any motion or request that is not related to the pending motions for summary judgment until the court rules on the pending motions for summary judgment. Plaintiff has 30 days to file oppositions to the pending 236 , 240 motions for summary judgment. (Yin, K)
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Filing
251
ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/21 DENYING 248 Motion to Stay and GRANTING 250 Motion for Extension of time. Plaintiff is granted sixty days from the date of this order in which to file an opposition to both motions for summary judgment 236 and 240 . (Plummer, M)
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247
ORDER signed by District Judge Troy L. Nunley on 7/12/2021 ADOPTING 232 Findings and Recommendations in full; DENYING 231 Motion for Preliminary Injunction; DENYING 244 Motion for Injunctive Relief. (Zignago, K.)
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Filing
243
ORDER signed by Magistrate Judge Kendall J. Newman on 06/04/2021 GRANTING 242 Motion for Extension of Time. Plaintiff is GRANTED 60 days from the date of this order in which to file a response to both 236 240 Motions for Summary Judgment. (Rodriguez, E)
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232
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/09/21 ORDERING that plaintiff is granted 30 days from the dateof this order in which to file a motion for reconsideration and objections. Absent a showing of substantial cause, no further extensions of time will be granted. Also, RECOMMENDING that plaintiff's motion 231 be denied. Motion 231 referred to Judge Troy L. Nunley. Objections due within 21 days.(Plummer, M)
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230
ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2021 GRANTING 229 Motion for Extension of Time and GRANTING Plaintiff 30 days from the date of this order in which to file a motion for reconsideration and objections. (Henshaw, R)
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228
ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/2021 GRANTING 226 and 227 Motions for Extension of Time. Plaintiff is granted 30 days form the date of this order in which to file a motion for reconsideration and objections. (Henshaw, R)
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225
ORDER signed by Magistrate Judge Kendall J. Newman on 12/07/20 GRANTING IN PART AND DENYING IN PART 216 Request for Judicial Notice as set forth above; DENYING 216 Motion to Appoint Counsel. Discovery is closed. Plaintiff shall forthwith identi fy to opposing counsel the audio or digital recordings plaintiff needs to review, and defendants counsel shall arrange timely access to such audio or digital recordings plaintiff needs to review or re-review. The parties are granted 60 days for such review to be completed. The dispositive motion deadline is continued to May 21, 2021. (Plummer, M)
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214
ORDER signed by District Judge Troy L. Nunley on 6/16/2020 DENYING 213 Motion for Reconsideration. (Mena-Sanchez, L)
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211
ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2020 GRANTING 210 Request for Clarification, see Order for clarification. (Henshaw, R)
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Filing
209
ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2020 ORDERING, following in camera review, the group defendants shall produce to plaintiff the redacted copy of Part C of Rules Violation Report FB-13-01-012 against inmate Dolihite (redacte d DEF 1066) in response to plaintiffs request for production of documents No. 15; ORDERING, following in camera review, group defendants shall allow plaintiff to review the unredacted portions of confidential memos concerning inmate Dolihite (DEF 109 7-098; 1099-102), and the confidential memos as to inmates Parker and Williams (DEF 1103-104; 1106-107), as set forth in this order, and counsel for defendants shall schedule such review within the next 60 days; ORDERING, following in camera r eview, no less than 14 days following plaintiffs review of these documents, plaintiff shall file a notice acknowledging that he has completed the review and at that time, the court will issue a revised scheduling order for this action; DENYING, follo wing in camera review, in all other respects, 191 Motion for Further Production of Documents; DENYING 28 Motion for Extension of Time; and ORDERING parties to refrain from filing dispositive motions pending further order of the court. (Henshaw, R)
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Filing
206
ORDER signed by Magistrate Judge Kendall J. Newman on 03/19/20 GRANTING IN PART AND DENYING IN PART 191 Motion to Compel and DENYING 191 at 4 Request for Judicial Notice. The deadline for filing pretrial motions is extended until thirty days beyond the courts ruling on the in camera review. (See order for further details.) (Plummer, M)
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203
ORDER signed by Magistrate Judge Kendall J. Newman on 09/18/19 GRANTING 201 Motion to modify the scheduling order. The September 24, 2019 dispositive motions deadline is extended to 30 days after the court rules on plaintiffs pending motion to compel. All pretrial motions shall be filed within such thirty day period and briefed pursuant to Local Rule 230(l). (Plummer, M)
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Filing
190
ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2019 DISCHARGING 158 Order to Show Cause; GRANTING 121 Request for Expenses; ASSESSING expenses in the about of $1750.00 against Plaintiff; STAYING the Order assessing expenses in t he amount of $1750.00; and ORDERING group defendants may move to life the stay and enforce the order of expenses upon a showing that plaintiff has the ability to pay $1750.00, at any time prior to termination of this action. (Henshaw, R)
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178
ORDER signed by District Judge Troy L. Nunley on 10/16/18 ADOPTING in full 171 FINDINGS AND RECOMMENDATIONS and DENYING Defendants' 155 motion requiring security. (Kastilahn, A)
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170
ORDER adopting in full 160 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 2/20/18. Defendant Weeks' 140 motion for judgment on the pleadings is DENIED. (Kastilahn, A)
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160
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/20/17 ORDERING plaintiffs request to take judicial notice of the OIG 2015 special review is denied; and his request to take judicial notice of his civil rights action, no. 2:11-cv-0663 KJM CKD, is GRANTED. Also, RECOMMENDING that defendant Week's motion for judgment on the pleadings 140 be denied. MOTION 140 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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158
ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2017 DENYING 118 Motion to Compel; DENYING 134 Request for Subpoena; ORDERING Plaintiff to show cause, within 21 days from the date of this order, why he should not be required to pay defendants' $1750.00 reasonable attorney's fees; and ORDERING Clerk of Court to strike 125 Plaintiff's reply to Defendant Weeks' response. (Henshaw, R)
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144
ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2017 GRANTING 143 Motion for Extension of Time. Plaintiff to file opposition to 140 Motion for Judgment on the Pleadings within 30 days from the date of this order. (Henshaw, R)
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Filing
137
ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/2017 ORDERING plaintiff's 132 request for an extension of time is GRANTED; plaintiff's 133 reply is deemed timely-filed; defendants' 135 request for leave to file a sur-reply is GRANTED; and defendants shall file a sur-reply within 14 days. (Yin, K)
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Filing
131
ORDER signed by Magistrate Judge Kendall J. Newman on 5/09/17 ordering defendants motion for summary judgment 84 is vacated without prejudice to its renewal or re-filing after the discovery disputes are resolved. Plaintiffs motions 115 , 120 , 126 , 129 are denied as moot. Plaintiffs requests for sanctions 113 , 114 , 123 , 125 , 129 are denied. (Plummer, M)
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104
ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/2017 ORDERING plaintiff's 102 , 103 motions for extension of time are DENIED as moot; plaintiff's 98 motion for stay is GRANTED; the 11/28/2016 discovery and scheduling ord er is VACATED; discovery on the issue of exhaustion shall close on 3/14/2017; plaintiff shall file his opposition to the motion for summary judgment on or before 4/4/2017, defendants' replies shall be filed on or before 4/18/2017; and the undersigned stays consideration of defendants' motion for summary judgment pending completion of discovery on the issue of exhaustion and briefing by the parties. (Yin, K)
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Filing
97
ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/17 ORDERING that plaintiff's motion for sanctions (ECF No. 81 ) is DENIED; Defendants' request to stay discovery (ECF No. 84 ) is GRANTED; Discovery is stayed pending resolution of defendants' motion for summary judgment; and Defendants' renewed motion to stay discovery (ECF No. 95 ) is DENIED as moot.(Dillon, M)
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93
ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/16 ORDERING that Plaintiff's motion for an extension of time (ECF No. 90 ) is GRANTED. Plaintiff is granted 45 days from the date of this order in which to file and serve his opp osition to defendants' motion for summary judgment. Defendants' reply, if any, shall be filed within 14 days thereafter. Plaintiff is also granted 45 days from the date of this order to file his reply todefendants' oppositions to plaintiff's November 23, 2016 motion for sanctions. Plaintiff's motion to strike (ECF No. 91 ) is DENIED. (Dillon, M)
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89
ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/16 ordering defendant Weeks is relieved of his obligation to respond to plaintiff's motion to strike. Plaintiff's motion to strike 87 is denied. Plaintiff's motion for an extension of time 88 is granted. Plaintiff is granted 14 days from the date of this order in which to file a reply to defendant Week's response 83 and the remaining defendants' opposition 85 . (Plummer, M)
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70
ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that the stay of this action is LIFTED, and the Clerk is directed to re-open this action. Plaintiff's motions for injunctive relief (ECF Nos. 64 , 66 , 68 ) are DENIED without prejudice. Defendants' 69 request for extension of time is GRANTED. Defendants shall file a responsive pleading on or before 10/21/2016. (Kastilahn, A)
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62
ORDER signed by Magistrate Judge Kendall J. Newman on 09/12/16 ordering that plaintiff's 08/19/16 request 61 is denied. (Plummer, M)
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60
ORDER signed by Magistrate Judge Kendall J. Newman on 8/17/16 ORDERING that this action remains until further order of the court. (Dillon, M)
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59
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering the Custodian to produce Richard Joseph Crane on 9/22/16 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
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53
ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/16: Defendants' request for extension of time (ECF No. 52) is granted. This action is stayed for 90 days. (cc: Atty Monica Anderson). (Kaminski, H)
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Filing
50
ORDER signed by Magistrate Judge Kendall J. Newman on 03/03/16 ordering defendants request for judicial notice 41 is granted. Defendants motion to revoke 40 is granted. Plaintiff's in forma pauperis status 6 is revoked. Plaintiff's request to defer payment 49 is granted, within 60 days from the date of this order, plaintiff shall submit the administrative fee of $50.00. Defendants shall file their responsive pleading 14 days after plaintiff submits the administrative fee. Discovery is stayed until defendants responsive pleading has been filed. (Plummer, M)
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45
ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/2016 GRANTING defendants' 44 request for an extension of time; defendants shall file a responsive pleading 14 days after disposition of the three strikes motion. Defendants' 40 request for stay is PARTIALLY GRANTED; discovery is STAYED pending resolution of the pending motion; and plaintiff's 43 motion for judicial notice is DENIED without prejudice. (Yin, K)
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Filing
42
ORDER ADOPTING 34 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 1/8/2016. Defendant Madrigal is DISMISSED without prejudice. (Marciel, M)
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38
ORDER adopting in part 26 FINDINGS AND RECOMMENDATIONS, and amending only with respect to the type of dismissal of Defendants Peck and Hurd signed by District Judge Troy L. Nunley on 12/4/15. Plaintiff's claims against Defendants Peck and Hurd are DISMISSED without prejudice. (Kastilahn, A)
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34
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/10/15 recommending that defendant Madrigal be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
27
ORDER adopting in full 22 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/29/15. Plaintiff's 21 request for injunctive relief is DENIED. (Kastilahn, A)
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Filing
26
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/20/2015 ORDERING the Clerk to file plaintiff's exhibits appended to his first amended complaint (ECF No. 12 at 16-69) as an attachment to plaintiff's 16 second amended complaint. Plaintiff's claim against defendant Madrigal based on the 12/12/2009 incident is DISMISSED with leave to amend within 30 days. Plaintiff is not obliged to amend his complaint. Service is appropriate for Barton, Probst, Robinette, Rodriguez, Davey, Weeks. The Clerk shall send plaintiff forms for service, which plaintiff may complete and return within 30 days. Plaintiff shall return the Notice of Submission or Amendment with response. IT IS RECOMMENDED that plaintiff's claims against defendants Peck and Hurd be dismissed. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
22
ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/22/15 ORDERING that plaintiffs request for extension of time (ECF No. 20 ) is denied without prejudice; and it is RECOMMENDED that plaintiffs request for injunctive relief (ECF No. 21 ) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 30 days.(Dillon, M)
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18
ORDER signed by Magistrate Judge Kendall J. Newman on 08/13/15 ordering plaintiff's motion 15 is denied as moot. (Plummer, M)
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14
ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/15 GRANTING 13 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to file a second amended complaint.(Dillon, M)
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Filing
7
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 3/13/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Richard Joseph Crane and forward payment to the court until the ba lance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
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