(PC) Montgomery v. Cox et al
| Dwayne S. Montgomery and Dwayne Steven Montgomery |
| T. Cox, R. Colby and S. Benavidez |
| 2:2019cv02081 |
| October 17, 2019 |
| U.S. District Court for the Eastern District of California |
| Morrison C England |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to R. Colby on 11/21/2019, Answer due 1/21/2020. Attorney Whisnand, Andrew James added as counsel of record. (Attachments: #1 Proof of Service)(Whisnand, Andrew) |
| Filing 15 NOTICE OF INTENT TO WAIVE SERVICE by defendants: T. Cox and R. Colby. AG Waiver of Service due in 30 days. (Becknal, R) |
Filing 14
ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2019 DISMISSING without prejudice plaintiff's #12 amended complaint. (Yin, K)
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| SERVICE BY MAIL: #14 Order served on Dwayne Steven Montgomery. (Yin, K) |
| Filing 13 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Dwayne Steven Montgomery. (Kaminski, H) |
| Filing 12 [DISMISSED PURSUANT TO #14 ORDER] FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all Defendants by Dwayne Steven Montgomery. (Zignago, K.) Modified on 11/8/2019 (Yin, K). |
| Filing 11 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M) |
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Filing 10
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Dwayne Steven Montgomery signed by Magistrate Judge Kendall J. Newman on 10/31/19. CDC shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Filing 8
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 12/5/2019 signed by Magistrate Judge Kendall J. Newman on 10/31/19. (Plummer, M)
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| Filing 7 SUMMONS ISSUED as to *R. Colby, T. Cox* with answer to complaint due within *21* days. Attorney *Dwayne Steven Montgomery K-14298* *Mule Creek State Prison* *PO Box 409020* *Ione - California -95640-9020*. (Plummer, M) |
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Filing 6
ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/19 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected according to the court's CDC order filed concurrently herewith. The Clerk of the Court is directed to assign a district judge to this case. Also, FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant(s): *T.Cox*, *R. Colby*. Operative Complaint, Summons, Notice of E-Service Waiver and this Order served via email on CDCR. Also, FINDINGS and RECOMMENDATIONS recommending that plaintiff''s retaliation claim against defendant Benavidez be dismissed without prejudice. Assigned and referred to Judge Morrison C. England Jr. Objections due within 14 days.. (Attachments: #1 CDCR Notice of Waiver) (Plummer, M)
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| Filing 5 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to the order and findings and recommendations, this case has been assigned to District Judge Morrison C. England, Jr and Magistrate Judge Kendall J. Newman. The new case number is: 2:19-cv-2081 MCE KJN (PC). (Plummer, M) |
| SERVICE BY MAIL: #6 Order Finding Service of Complaint Appropriate, Findings and Recommendations (Motion), Order on Motion to Proceed in forma pauperis, served on Dwayne Steven Montgomery. (Plummer, M) |
| SERVICE BY MAIL: #10 Order Directing Prisoner Payment, served on Dwayne Steven Montgomery. (Plummer, M) |
| Filing 4 PRISONER TRUST FUND ACCOUNT STATEMENT by Dwayne Steven Montgomery (Tupolo, A) |
| CLERKS NOTICE (text only): 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 Dwayne S. Montgomery, CDCR# K-14298 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 FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Yin, K) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *10/17/2019*; Consent or Decline due by 11/21/2019 (Attachments: #1 Order re Consent, #2 E-Filing Notice) (Tupolo, A) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Dwayne S. Montgomery. (Tupolo, A) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against S. Benavidez, R. Colby, T. Cox by Dwayne S. Montgomery. (Attachments: #1 Civil Cover Sheet)(Tupolo, A) |
| SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Dwayne S. Montgomery. (Tupolo, A) |
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