(PC) Sierra v. CDCR Director et al
| Kenneth Alan Sierra |
| M. Veras, L. Davis, Hubble, T. Weinholdt, Jones, Raul Recarey, Miniano, CDCR Director, J.A. Zamora, Wein, Black, J. Clayton, L. Maestretti, Church, M. Tobias, S. Detlesen, Malhotra, Alvarez, J. Wanscewicz, Callas, Smith and J. Giger |
| 2:2017cv02611 |
| December 13, 2017 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Allison Claire |
| Kimberly J Mueller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 97 OBJECTIONS to FINDINGS and RECOMMENDATIONS #96 by Plaintiff Kenneth Alan Sierra. (Kaminski, H) |
Filing 96
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/23/2020 DENYING plaintiff's #94 motion for an extension of time and RECOMMENDING this action be dismissed, with prejudice, for failure to comply with a court order. See L.R. 110. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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| SERVICE BY MAIL: #96 Order, Findings and Recommendations served on Kenneth Alan Sierra. (Yin, K) |
| Filing 95 NOTICE re Segregation Status by Kenneth Alan Sierra. (Tupolo, A) |
| Filing 94 MOTION for 10-DAY EXTENSION OF TIME to File an Amended Complaint by Kenneth Alan Sierra. (Tupolo, A) |
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Filing 93
ORDER signed by Magistrate Judge Allison Claire on 7/2/2020 GRANTING plaintiff's #92 request for an extension of time and plaintiff shall file an amended complaint within 10 days. No further extensions of time will be granted and failure to file the amended complaint will result in a recommendation that this action be dismissed. (Yin, K)
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| SERVICE BY MAIL: #93 Order on Motion for Extension served on Kenneth Alan Sierra. (Yin, K) |
| Filing 92 MOTION for a 10-Day Extension of Time to File an Amended Complaint by Kenneth Alan Sierra. (Becknal, R) |
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Filing 91
ORDER signed by Magistrate Judge Allison Claire on 05/18/20 DENYING #84 Motion for court order and GRANTING #89 Motion for Extension of time. Plaintiff shall have 30 days from the service of this order to file an amended complaint. No further extensions of time will be granted. (Plummer, M) Modified on 5/19/2020 (Plummer, M).
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| SERVICE BY MAIL: #91 Order on Motion for Miscellaneous Relief,, Order on Motion for Extension, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 90 OBJECTIONS by Plaintiff Kenneth Alan Sierra to #82 Order. (Zignago, K.) |
| Filing 89 MOTION for 30-DAY EXTENSION OF TIME by Kenneth Alan Sierra. (Zignago, K.) |
| Filing 88 MOTION for recusal by Kenneth Alan Sierra. (Zignago, K.) |
| Filing 87 SECOND MOTION for RECONSIDERATION re #68 Order by Kenneth Alan Sierra. (Zignago, K.) |
| Filing 86 OBJECTIONS by Plaintiff Kenneth Alan Sierra to #83 Order. (Zignago, K.) |
| Filing 85 MOTION for TEMPORARY RESTRAINING ORDER by Kenneth Alan Sierra. (Zignago, K.) |
| Filing 84 MOTION for TRANSCRIPTS and MEDICAL TRANSFER by Kenneth Alan Sierra. (Huang, H) |
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Filing 83
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/5/20 DENYING #74 Motion for Reconsideration and GRANTING #75 Motion for Reconsideration. December 12, 2019 order is affirmed. (Kaminski, H)
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| SERVICE BY MAIL: #83 Order, served on Kenneth Alan Sierra. (Kaminski, H) |
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Filing 82
ORDER signed by Magistrate Judge Allison Claire on 02/27/20 GRANTING #73 , #80 Motions for Extension of Time to file an amended complaint; DENYING #70 , #72 Motions for an Extension of time to file a motion for reconsideration; DENYING #71 Motion for Referral; and DENYING #81 Motion for an investigation. Plaintiff shall have 30 days from the service of this order to file a second amended complaint. The Clerk of the Court is directed to update the docket to reflect that the objections filed at #75 are a motion for reconsideration by the district judge of the magistrate judges December 12, 2019 order at #65 . The Clerk of the Court is directed to update the docket to reflect that the motion for reconsideration filed at #74 seeks reconsideration of the district judges January 15, 2020 order at #68 . (Plummer, M) Modified on 2/28/2020 (Plummer, M).
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| SERVICE BY MAIL: #82 Order on Motion for Extension, Order on Motion for Miscellaneous Relief, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 81 MOTION for investigation of perjury by Kenneth Alan Sierra. (Tupolo, A) Modified on 2/27/2020 (Plummer, M). |
| Filing 80 MOTION for 30-DAY EXTENSION OF TIME to File an Amended Complaint by Kenneth Alan Sierra. (Tupolo, A) Modified on 2/26/2020 (Plummer, M). |
| Filing 79 USCA CASE NUMBER 20-15229 for #76 Notice of Interlocutory Appeal filed by Kenneth Alan Sierra. (York, M) |
| Filing 78 APPEAL PROCESSED to Ninth Circuit re #76 Notice of Interlocutory Appeal filed by Kenneth Alan Sierra. Notice of Appeal filed *2/10/2020*, Complaint filed *12/13/2017* and Appealed Order / Judgment filed *1/15/2020*. ** *Fee Status: IFP Granted on 9/18/2018* (Attachments: #1 Appeal Information) (Kastilahn, A) |
| SERVICE BY MAIL: #78 Appeal Processed to USCA, served on Kenneth Alan Sierra. (Kastilahn, A) |
| Filing 77 CERTIFICATE of SERVICE by Kenneth Alan Sierra. (Kastilahn, A) |
| Filing 76 NOTICE of INTERLOCUTORY APPEAL by Kenneth Alan Sierra as to #68 Order Adopting Findings and Recommendations. (Kastilahn, A) |
| Filing 75 MOTION for RECONSIDERATION by the District Judge of the Magistrate Judge's #65 Order by Plaintiff Kenneth Alan Sierra. (Kastilahn, A) Modified on 2/27/2020 (Plummer, M). |
| Filing 74 MOTION for reconsideration of the District Judge's #68 Order by Kenneth Alan Sierra. (Kastilahn, A) Modified on 2/27/2020 (Plummer, M). |
| Filing 73 MOTION for EXTENSION OF TIME to file an amended complaint by Kenneth Alan Sierra. (Kastilahn, A) |
| Filing 72 MOTION for five-DAY EXTENSION OF TIME to file objections to findings and recommendations, by Kenneth Alan Sierra. (Kastilahn, A) |
| Filing 71 MOTION for court order referring this case to the District Court's Judicial Committee, by Kenneth Alan Sierra. (Kastilahn, A) |
| Filing 70 MOTION for 15-DAY EXTENSION OF TIME to file objections to findings and recommendations, by Kenneth Alan Sierra. (Kastilahn, A) |
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Filing 69
ORDER signed by Magistrate Judge Allison Claire on 1/16/2020 ORDERING, within 30 days, plaintiff shall file an amended complaint. Failure to file an amended complaint will result in a recommendation that his action be dismissed. (Yin, K)
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| SERVICE BY MAIL: #69 Order served on Kenneth Alan Sierra. (Yin, K) |
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Filing 68
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/14/2020 ADOPTING #41 Findings and Recommendations in full; DENYING #29 , #31 , #36 , #37 , #38 , #39 , #40 , & #62 Motions for Preliminary Injunction without prejudice; OVERRULING #56 & #61 Objections; DENYING #60 Motion for Reconsideration; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Coll, A)
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| SERVICE BY MAIL: #68 Order Adopting Findings and Recommendations served on Kenneth Alan Sierra. (Coll, A) |
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Filing 67
ORDER signed by Magistrate Judge Allison Claire on 12/30/19 GRANTING #66 Motion for Extension of time. Plaintiff shall have 30 days from the filing of this order to file objections to the 12/12/19 order. (Plummer, M)
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| SERVICE BY MAIL: #67 Order on Motion for Extension served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 66 MOTION for 30-DAY EXTENSION OF TIME to file objections to #65 court order by Kenneth Alan Sierra. (Kaminski, H) Modified on 12/30/2019 (Plummer, M). |
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Filing 65
ORDER signed by Magistrate Judge Allison Claire on 12/12/19 GRANTING #55 Motion for Extension of time and his objections to the 9/06/19 order are deemed timely; DENYING #57 Motion to Appoint Counsel; DENYING #58 Motion for recusal; DENYING #63 Motion for a court order; and DENYING #59 Motion for extension of time. Plaintiffs deadline to file an amended complaint is VACATED and will be re-set, if necessary, after the District Judge rules on his objections to the screening order. (Plummer, M)
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| SERVICE BY MAIL: #65 Order on Motion for Extension, Order on Motion to Appoint Counsel, Order on Motion for Miscellaneous Relief, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 64 NOTICE by Kenneth Alan Sierra re No Ruling on #59 Motion for Extension and #63 Motion for Court Order. (York, M) |
| Filing 63 MOTION for a Court Order ordering the Clerk to locate and make copies of documents by Kenneth Alan Sierra. (Coll, A) Modified on 11/13/2019 (Yin, K). |
| Filing 62 MOTION for TEMPORARY RESTRAINING ORDER by Kenneth Alan Sierra. (Coll, A) |
| Filing 61 OBJECTIONS to #52 Order by Plaintiff Kenneth Alan Sierra. (Coll, A) Modified on 11/13/2019 (Yin, K). |
| Filing 60 MOTION for RECONSIDERATION of #52 Order by Kenneth Alan Sierra. (Coll, A) Modified on 11/13/2019 (Yin, K). |
| Filing 59 MOTION for 30-DAY EXTENSION OF TIME to file Amended Complaint by Kenneth Alan Sierra. (Mena-Sanchez, L) |
| Filing 58 MOTION for RECUSAL by Kenneth Alan Sierra. (Huang, H) Modified on 10/2/2019 (Plummer, M). |
| Filing 57 MOTION to APPOINT COUNSEL by Kenneth Alan Sierra. (Huang, H) Modified on 10/2/2019 (Plummer, M). |
| Filing 56 OBJECTIONS to #41 Findings and Recommendations by Plaintiff Kenneth Alan Sierra. (Huang, H) |
| Filing 55 MOTION for 15-DAY EXTENSION OF TIME to file objections re #41 Findings and Recommendations by Kenneth Alan Sierra. (Zignago, K.) Modified on 9/30/2019 (Plummer, M). |
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Filing 54
ORDER signed by Magistrate Judge Allison Claire on 09/16/19 GRANTING #53 Motion for Extension of time. Plaintiff shall have 15 days from the date of service of this order in which to file objections to the 7/31/19 findings and recommnendations. (Plummer, M)
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| SERVICE BY MAIL: #54 Order on Motion for Extension, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 53 MOTION for EXTENSION OF TIME to file objections to #41 Findings and Recommendations by Kenneth Alan Sierra. (Coll, A) |
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Filing 52
ORDER signed by Magistrate Judge Allison Claire on 09/05/19 DENYING #44 , #45 , #50 plaintiff's motions to amend and GRANTING #51 Motion for Extension of time to file an amended complaint. Plaintiff shall have 30 days from the service of this order to file an amended complaint. (Plummer, M)
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| SERVICE BY MAIL: #52 Order on Motion for Miscellaneous Relief, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 51 MOTION for 30-DAY EXTENSION OF TIME to Amend Complaint by Kenneth Alan Sierra. (Benson, A.) |
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Filing 49
ORDER signed by Magistrate Judge Allison Claire on 09/03/19 DENYING #48 plaintiff's request for appointment of counsel. (Plummer, M)
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| SERVICE BY MAIL: #49 Order served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 50 MOTION to AMEND FILINGS by Kenneth Alan Sierra. (Benson, A.) |
| Filing 48 NOTICE by Kenneth Alan Sierra re having disability covered under the Americans with Disabilities Act. (Kastilahn, A) |
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Filing 47
ORDER signed by Magistrate Judge Allison Claire on 8/20/2019 GRANTING #46 Motion for Extension of Time. Plaintiff to have 15 days from the service of this order in which to file objections. (Henshaw, R)
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| SERVICE BY MAIL: #47 Order served on Kenneth Alan Sierra. (Henshaw, R) |
| Filing 46 MOTION for EXTENSION OF TIME to file objections re #41 Findings and Recommendations by Kenneth Alan Sierra. (Becknal, R) |
| Filing 45 MOTION for Amendment in adding to the filed documentation supporting evidence by Kenneth Alan Sierra. (Mena-Sanchez, L) |
| Filing 44 MOTION to amend documents in adding to the filed documentation supporting evidence by Kenneth Alan Sierra. (Mena-Sanchez, L) |
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Filing 43
ORDER signed by Magistrate Judge Allison Claire on 08/01/19 DENYING #42 motion to amend by supplementing the complaint. If plaintiff wishes to amend the complaint, he may do so as provided in the 7/31/19 screening order. (Plummer, M)
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| SERVICE BY MAIL: #43 Order on Motion for Miscellaneous Relief served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 42 MOTION to amend case by Kenneth Alan Sierra. (Kastilahn, A) |
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Filing 41
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/29/2019 ORDERING plaintiff's #31 motion to compel is DENIED as premature; plaintiff's #32 motion for appointment of counsel is DENIED; plaintiff's #35 motion for leave to amend his requested relief is GRANTED to the extent the first amended complaint is being dismissed with leave to amend; the first amended complaint is DISMISSED with leave to amend within 30 days; and the Clerk shall send plaintiff a prisoner complaint form. IT IS FURTHER RECOMMENDED that plaintiff's #29 , #31 , #36 , #37 , #38 , #40 motions for preliminary injunction be denied without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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| SERVICE BY MAIL: #41 Order, Findings and Recommendations with 1983 form served on Kenneth Alan Sierra. (Yin, K) |
| Filing 40 MOTION for TEMPORARY RESTRAINING ORDER and MOTION for PRELIMINARY INJUNCTION by Kenneth Alan Sierra. (MAINTAINED ON PAPER) (Zignago, K.) |
| Filing 39 MOTION to AMEND Affidavit of Points and Authorities by Kenneth Alan Sierra. (Coll, A) |
| Filing 38 MOTION for leave to add exhibits by Kenneth Alan Sierra. (Becknal, R) Modified on 6/11/2019 (Plummer, M). |
| Filing 37 MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by Kenneth Alan Sierra. (Attachments: #1 Memorandum, #2 Declaration)(Kaminski, H) |
| Filing 36 MOTION for order for medical transfer by Kenneth Alan Sierra. (Zignago, K.) |
| Filing 35 MOTION to add additional page by Kenneth Alan Sierra. (Zignago, K.) |
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Filing 34
ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 GRANTING plaintiff's #30 motion for an extension of time and the amended complaint is deemed timely filed. The #28 findings and recommendations filed 1/23/2019 are WITHDRAWN. The court will screen the amended complaint in due course. (Yin, K)
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| SERVICE BY MAIL: #34 Order on Motion served on Kenneth Alan Sierra. (Yin, K) |
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Filing 28
[F&R WITHDRAWN PURSUANT TO #34 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/22/19 ORDERING the Clerk of the Court shall randomly assign a United States District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M) Modified on 1/24/2019 (Yin, K).
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| Filing 27 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to Decline of Jurisdiction of US Magistrate Judge, this case has been assigned to District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire. The new case number is: 2:17-cv-2611 KJM AC (PC). (Plummer, M) |
| SERVICE BY MAIL: #28 Order,, Findings and Recommendations (Motion), served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 33 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Kenneth Alan Sierra.(Coll, A) |
| Filing 32 MOTION to APPOINT COUNSEL by Kenneth Alan Sierra. (Coll, A) |
| Filing 31 MOTION to COMPEL access to magnetic resonance imaging and to transfer by Kenneth Alan Sierra. (Coll, A) |
| Filing 30 MOTION for 15-DAY EXTENSION OF TIME by Kenneth Alan Sierra. (Coll, A) |
| Filing 29 MOTION for PRELIMINARY INJUNCTION by Kenneth Alan Sierra. (Coll, A) |
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Filing 26
ORDER signed by Magistrate Judge Allison Claire on 12/20/2018 GRANTING #25 Motion for Extension of Time. Plaintiff granted 15 days from the service of this order in which to file an amended complaint. No further extensions of time will be granted absent a showing of extraordinary circumstances.(Henshaw, R)
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| SERVICE BY MAIL: #26 Order served on Kenneth Alan Sierra. (Henshaw, R) |
| Filing 25 MOTION for 15-DAY EXTENSION OF TIME to amend complaint by Kenneth Alan Sierra. (Coll, A) |
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Filing 24
ORDER signed by Magistrate Judge Allison Claire on 11/27/2018 GRANTING #23 Motion for Extension of Time. Plaintiff is granted 15 days from the service of this order in which to file an amended complaint. (Huang, H)
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| SERVICE BY MAIL: #24 Order served on Kenneth Alan Sierra. (Huang, H) |
| Filing 23 MOTION for 15-DAY EXTENSION OF TIME to file amended complaint by Kenneth Alan Sierra. (Huang, H) |
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Filing 22
ORDER signed by Magistrate Judge Allison Claire on 10/19/2018 GRANTING #21 Motion for Extension of Time. Plaintiff shall file his amended complaint on or before 11/19/2018. (Huang, H)
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| SERVICE BY MAIL: #22 Order served on Kenneth Alan Sierra. (Huang, H) |
| Filing 21 MOTION for a 30-day extension of time to file an amended complaint by Kenneth Alan Sierra. (Becknal, R) |
| Filing 20 MOTION to correct affidavit and notice of correction to certificate of service by Kenneth Alan Sierra. (Becknal, R) Modified on 9/26/2018 (Plummer, M). |
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Filing 19
ORDER signed by Magistrate Judge Allison Claire on 9/20/2018 DENYING plaintiff's #15 motion to amend his declaration. (Yin, K)
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| SERVICE BY MAIL: #19 Order on Motion served on Kenneth Alan Sierra. (Yin, K) |
| Filing 18 DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on Director of CDCR pursuant to #17 Order Directing Prisoner Payment. (Yin, K) |
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Filing 17
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kenneth Alan Sierra signed by Magistrate Judge Allison Claire on 9/18/2018. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial) (Yin, K)
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Filing 16
ORDER signed by Magistrate Judge Allison Claire on 9/18/18 GRANTING plaintiff's #2 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's #4 motion to compel is DENIED as premature. Plaintiff's #5 , #14 motions for preliminary injunction are DENIED without prejudice. Plaintiff's complaint is DISMISSED with leave to amend within 30 days. The Clerk shall send plaintiff a prisoner complaint form. (Yin, K)
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| SERVICE BY MAIL: #16 , #17 Orders and 1983 form served on Kenneth Alan Sierra. (Yin, K) |
| Filing 15 MOTION for an order to amend Declaration dated 9/7/18 to the date 8/31/18 by Kenneth Alan Sierra. (Mena-Sanchez, L) |
| Filing 14 MOTION for court order for transport by Kenneth Alan Sierra. (Coll, A) |
| Filing 13 DECLARATION of Kenneth Alan Sierra in form of affidavit providing notice of attempt. (Reader, L) |
| Filing 12 AFFIDAVIT regarding mail tampering by Kenneth Alan Sierra. (Washington, S) |
| Filing 11 DECLARATION of Kenneth Alan Sierra. (Washington, S) |
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Filing 10
ORDER signed by Magistrate Judge Allison Claire on 02/01/18 GRANTING #9 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to return the Order re Consent or Request for reassignment. Plaintiff's motion for the appointment of counsel #3 is denied without prejudice to renewal at a later stage. (Plummer, M)
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| SERVICE BY MAIL: #10 Order on Motion to Appoint Counsel,, Order on Motion for Extension, served on Kenneth Alan Sierra. (Plummer, M) |
| Filing 9 MOTION for 30-DAY EXTENSION OF TIME to file Order re Consent by Kenneth Alan Sierra. (Mena-Sanchez, L) |
| Filing 8 PRISONER TRUST FUND ACCOUNT STATEMENT by Kenneth Alan Sierra (Reader, L) |
| Filing 7 CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for Kenneth Alan Sierra, CDC D-00119 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to [email protected] with the case number in the subject line as reflected on this notification. (Henshaw, R) |
| SERVICE BY MAIL: 7 Notice served on Kenneth Alan Sierra. (Henshaw, R) |
| Filing 6 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 1/19/2018 (Attachments: #1 Order re Consent) (Fabillaran, J) |
| SERVICE BY MAIL: #6 Prisoner New Case Documents for Magistrate Judge as Presider served on Kenneth Alan Sierra. (Fabillaran, J) |
| Filing 5 MOTION for COURT ORDER re Transfer by Kenneth Alan Sierra. (Fabillaran, J) |
| Filing 4 MOTION for COURT ORDER by Kenneth Alan Sierra. (Fabillaran, J) |
| Filing 3 MOTION to APPOINT COUNSEL by Kenneth Alan Sierra. (Fabillaran, J) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Kenneth Alan Sierra. (Fabillaran, J) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Kenneth Alan Sierra. (Fabillaran, J) |
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