(PC) Johnson v. Mata et al
| Michael Johnson |
| Lt. J. Mata, Tactical Team Force Member 1, Tactical Team Force Member 2, Tactical Team Force Member 3, Tactical Team Force Member 4, Tactical Team Force Member 5, Tactical Team Force Member 6 and J. Mata |
| 2:2022cv00613 |
| April 7, 2022 |
| US District Court for the Eastern District of California |
| Kimberly J Mueller |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 60
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2022 DENYING plaintiff's #54 request for a subpoena and RECOMMENDING defendant Mata's #53 motion to dismiss be granted, and this case be dismissed with prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)
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SERVICE BY MAIL: #60 Order, Findings and Recommendations served on Michael Johnson. (Yin, K)
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Filing 59
REPLY in support of #53 Motion to Dismiss by J. Mata. (Attachments: #1 Appendix, #2 Proof of Service)(Hansen, Brendon) Modified on 12/9/2022 (Huang, H).
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Filing 58
OPPOSITION to #53 Motion to Dismiss by Michael Johnson. (Woodworth, M.)
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Filing 57
OPPOSITION to #54 Request for Subpoena by Defendant J. Mata. (Attachments: #1 Appendix of Recent and Unpublished Authorities, #2 Proof of Service)(Hansen, Brendon) Modified on 11/29/2022 (Huang, H).
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Filing 56
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 11/18/2022: The court is in receipt of Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment, ECF No. #53 . The Motion is REFERRED to Magistrate Judge Kendall J. Newman as provided by Local Rule 302(c)(17). Accordingly, the 1/27/2023 Motion Hearing set before Chief District Judge Kimberly J. Mueller is VACATED, and motion briefing is governed by Local Rule 230(l). (Text Only Entry)(Schultz, C)
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SERVICE BY MAIL: Minute Order, filed at ECF No. 56, served on Michael Johnson. (Schultz, C)
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Filing 55
NOTICE of SUPPLEMENTAL AUTHORITY by J. Mata re #53 Motion to Dismiss. (Hansen, Brendon)
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Filing 54
REQUEST for TRIAL BY JURY, courts to subpoena documents, and NOTICE of perjury in declaration by Michael Johnson. (Perdue, C.) Modified on 12/9/2022 (Yin, K).
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Filing 53
MOTION to DISMISS by J. Mata. Motion Hearing set for 1/27/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Rand Notice, #2 Points and Authorities, #3 Statement of Undisputed Facts, #4 Declaration of Jennifer Vickers, #5 Declaration of Juan Mata, #6 Appendix, #7 Proof of Service)(Hansen, Brendon)
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Filing 52
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/18/22 DENYING #34 defendant's Motion to Dismiss without prejudice to curing the Rand notice and renewal within 21 days from the date of this order. (Kastilahn, A)
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SERVICE BY MAIL: #52 Order served on Michael Johnson. (Kastilahn, A)
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Filing 51
STATEMENT by plaintiff re Lt. Mata's knowledge/understanding of incident of excessive use of force. (Kastilahn, A)
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Filing 50
REQUEST for a copy of the docket sheet by Michael Johnson. (Kastilahn, A)
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Filing 49
RESPONSE by Michael Johnson to #48 Order on Motion for Reconsideration. (Reader, L)
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Filing 48
ORDER signed by Magistrate Judge Kendall J. Newman on 07/01/2022 GRANTING #47 Motion for Reconsideration; VACATING #46 Order on Motion and DENYING #44 Motion to Appoint Counsel without prejudice. (Rodriguez, E)
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SERVICE BY MAIL: #48 Order served on Michael Johnson. (Rodriguez, E)
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Filing 47
MOTION for RECONSIDERATION re #46 Order on Motion to Appoint Counsel by Michael Johnson. (Benson, A.)
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Filing 46
[VACATED per #48 Order] ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/2022 DENYING #44 Motion to Appoint Counsel. (Huang, H) Modified on 7/5/2022 (Huang, H).
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SERVICE BY MAIL: #46 Order served on Michael Johnson. (Huang, H)
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Filing 45
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brendon Laurs Steffan Hansen for J. Mata, attorney Joseph William Tursi terminated (Hansen, Brendon)
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Filing 44
MOTION to APPOINT COUNSEL by Michael Johnson. (Zignago, K.)
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Filing 43
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Kendall J. Newman. The new case number is: 2:22-cv-00613-KJM-KJN. (Licea Chavez, V)
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SERVICE BY MAIL: 43 Clerk's Notice Reassigning Case served on Michael Johnson. (Licea Chavez, V)
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Filing 42
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Licea Chavez, V)
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Filing 41
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/12/2022. (Attachments: #1 Litigant Letter) (Martin-Gill, S)
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Filing 40
CASE TRANSFERRED IN from District of California Central; Case Number 2:21-cv-02677.
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SERVICE BY MAIL: #41 Prisoner New Case Documents for Magistrate Judge as Presider served on Michael Johnson. (Martin-Gill, S)
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Filing 39
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge Margo A. Rocconi. For the reasons below, it is ORDERED that the Motion is stayed, and the action transferred to the Eastern District of California. Case electronically transferred. (MD JS-6. Case Terminated.) (es) [Transferred from cacd on 4/7/2022.]
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Filing 38
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #34 filed by Defendant J. Mata. (Attachments: #1 Proof of Service)(Tursi, Joseph) [Transferred from cacd on 4/7/2022.]
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Filing 37
OPPOSITION to MOTION to Dismiss #34 filed by Plaintiff Michael Johnson. (hr) [Transferred from cacd on 4/7/2022.]
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Filing 36
MINUTE ORDER (IN CHAMBERS) NOTICE TO PLAINTIFF RE MOTION TO DISMISS PROTOCOL by Magistrate Judge Margo A. Rocconi: NOTICE TO PLAINTIFF. [See order for additional information.] (es) [Transferred from cacd on 4/7/2022.]
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Filing 35
MINUTE ORDER (IN CHAMBERS) ORDER RE MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (ECF #34 ) by Magistrate Judge Margo A. Rocconi: Plaintiff's Opposition to the motion is due on or before February 24, 2022 [30 days]. Defendants optional Reply may be filed within 14 calendar days after service of the Opposition. The Court will deem the motion submitted for decision based on the papers and without oral argument, unless otherwise ordered. The hearing for the motion noticed for March 2, 2022 at 10:00 a.m. before Judge Margo A. Rocconi is HEREBY VACATED and taken off calendar. re: NOTICE OF MOTION AND MOTION to Dismiss Case OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #34 [See document for additional information.] (es) [Transferred from cacd on 4/7/2022.]
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Filing 34
NOTICE OF MOTION AND MOTION to Dismiss Case OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Defendant J. Mata(Lieutenant, in individual capacity). Motion set for hearing on 3/2/2022 at 10:00 AM before Magistrate Judge Margo A. Rocconi. (Attachments: #1 STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW, #2 Declaration of Juan Mata, #3 Declaration of Jennifer Vickers, #4 Proposed Order, #5 Proof of Service) (Attorney Joseph William Tursi added to party J. Mata(pty:dft)) (Tursi, Joseph) [Transferred from cacd on 4/7/2022.]
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Filing 33
WAIVER OF SERVICE Returned Executed filed by plaintiff Michael Johnson. upon J. Mata(Lieutenant, in individual capacity) waiver sent by Plaintiff on 12/29/2021, answer due 2/27/2022. Waiver of Service signed by Lt. Juan Mata, individual capacity. (es) [Transferred from cacd on 4/7/2022.]
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Filing 32
PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint, #14 upon J. Mata (Lieutenant, in individual capacity) served on 11/29/2021, answer due 12/20/2021, served by legal evidence of service, by Federal statute. Remarks: Received waiver 11/29/21. (es) [Transferred from cacd on 4/7/2022.]
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Filing 30
Text Only Entry One (1) USM-285 form, Summons, First Amended Complaint, and Order Directing Service of Process by USM forwarded to the United States Marshal for service of process. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY [Transferred from cacd on 4/7/2022.]
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Filing 29
MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR SUMMARY JUDGMENT,DKT. 27 by Magistrate Judge Margo A. Rocconi: Accordingly, Plaintiff's Motion is DENIED, without prejudice, as premature. Related to: NOTICE OF MOTION AND MOTION for Summary Judgment #27 . [See document for details.] (et) [Transferred from cacd on 4/7/2022.]
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Filing 28
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Letter to Judge submitted by Plaintiff Michael Johnson received on 10/22/21 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letters to the judge. (es) [Transferred from cacd on 4/7/2022.]
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Filing 31
NOTICE OF SUBMISSION OF DOCUMENTS TO CLERK OF COURT filed by Plaintiff Michael Johnson. (et) [Transferred from cacd on 4/7/2022.]
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Filing 27
MOTION for Summary Judgment filed by plaintiff Michael Johnson. (es) [Transferred from cacd on 4/7/2022.]
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Filing 26
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Letter to Judge submitted by Plaintiff Michael Johnson received on 10/19/21 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letters to the judge. (es) [Transferred from cacd on 4/7/2022.]
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Filing 25
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Letter to Judge submitted by Plaintiff Michael Johnson received on 10/13/21 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letters to the judge. (es) [Transferred from cacd on 4/7/2022.]
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Filing 24
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margo A. Rocconi, ORDERING Status of Case/Suit Movement submitted by Plaintiff Michael Johnson received on 10/12/21 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letters to the judge. Unclear as to relief plaintiff is seeking. (es) [Transferred from cacd on 4/7/2022.]
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Filing 23
MINUTE ORDER (In Chambers) ORDER RE: STATUS OF PLAINTIFF LIMITED DISCOVERY REQUEST, DKT. #22 by Magistrate Judge Margo A. Rocconi: On September 30, 2021, Plaintiff filed a "Status of Plaintiff['s] Limited Discovery Request," informing the Court that he had served his question on the BOP, but they had yet to respond. Dkt. #22 at 12. Plaintiff also appears to: (1) request that the Court order further discovery in the form of security footage, Id. at 23; and (2) move for summary judgment, Id. at 3. Both requests are DENIED as premature because Defendants have not yet been served or appeared in this case. Plaintiff should file the Notice of Submission and completed USM-285 forms for Defendant Mata with the Clerk of Court by November 3, 2021. [See document for additional information.] (es) [Transferred from cacd on 4/7/2022.]
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Filing 22
Status of Plaintiff Limited Discovery Request for Names and Employee I.D. Numbers of Six F.C.I. Herlong "Tactical Force" Team Members filed by Plaintiff Michael Johnson. (es) [Transferred from cacd on 4/7/2022.]
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Filing 21
Letter from Michael Johnson (es) [Transferred from cacd on 4/7/2022.]
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Filing 20
Letter Re Proof of Letters Sent to Legal Department an BOP Staff from Michael Johnson (es) [Transferred from cacd on 4/7/2022.]
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Filing 19
21 DAY Summons Issued re Amended Complaint, #14 as to Defendant(s) J. Mata(Lieutenant, in individual capacity), Tactical Team Force Member 1, Tactical Team Force Member 2, Tactical Team Force Member 3, Tactical Team Force Member 4, Tactical Team Force Member 5, Tactical Team Force Member 6. (es) [Transferred from cacd on 4/7/2022.]
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Filing 18
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Margo A. Rocconi. (See document for further details.) (es) [Transferred from cacd on 4/7/2022.]
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Filing 17
ORDER RE: SERVICE OF PROCESS BY UNITED STATES MARSHAL by Magistrate Judge Margo A. Rocconi. IT IS ORDERED THAT: 1. The United States Marshal is ordered to serve the summons and First Amended Complaint, Dkt. #14 , as indicated on the concurrently filed Order Directing Service of Process by the United States Marshal ("Service Order"). 2. The Clerk of Court is ordered to provide Plaintiff with the appropriate number of USM-285 forms. 3. No later than forty-five (45) days after the date of this Order, Plaintiff shall file with the Clerk of Court a Notice of Submission indicating that the completed USM-285 form(s) have been provided to the Clerk of the Court. (See document for further details.) (es) [Transferred from cacd on 4/7/2022.]
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Filing 16
Text Only Entry. Mailed the following documents to Plaintiff Michael Johnson REG NO. 19505-075, USP Beaumont Inmate Mail/Parcels P. O. BOX 26030 Beaumont, TX 77720 (1) Order re Service of Process (2) Order Directing Service of Process by the United States Marshal (3) Seven Summons' (4) Notice of Submission (5) Seven (7) USM-285 forms (not on docket). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY [Transferred from cacd on 4/7/2022.]
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Filing 15
Text only entry: Clerk of the Court mailed a copy of Order re Service of Process by USM to the Legal Department at FCI Herlong, 741-925 Access Road A-25, Herlong, CA, 96113. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY [Transferred from cacd on 4/7/2022.]
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Filing 14
FIRST AMENDED COMPLAINT against defendant(s) J. Mata(Lieutenant, in individual capacity), Herlong U.S.P., None Til Force Team Members I.d.; Party J. Mata (Lieutenant, in official capacity) and Officers in Charge (in their individual and official capacities) terminated amending Complaint (Prisoner Civil Rights), #1 , filed by plaintiff Michael Johnson(es) [Transferred from cacd on 4/7/2022.]
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Filing 13
INITIAL CIVIL RIGHTS CASE ORDER by Magistrate Judge Margo A. Rocconi. (es) [Transferred from cacd on 4/7/2022.]
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Filing 12
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Margo A. Rocconi. If Plaintiff desires to pursue this action, he is ORDERED to respond by no later than August 20, 2021, by choosing one of the three (3) options discussed in Part V, below. [See details for details.] (es) [Transferred from cacd on 4/7/2022.]
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Filing 11
FINANCIAL ENTRY: Received $402.00 ifrom Michael Johnson. Re: Complaint (Prisoner Civil Rights), #1 . Receipt number LA225359. (jo) [Transferred from cacd on 4/7/2022.]
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Filing 10
Letter from Michael Johnson re Filing Fee (es) [Transferred from cacd on 4/7/2022.]
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Filing 9
MINUTE ORDER (In Chambers) ORDER RE: EXTENSION OF TIME TO PAY FILING FEE OR REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Margo A. Rocconi: Plaintiff has until July 7, 2021, to pay the $402 filing fee or submit a Request to Proceed Without Prepayment of Filing Fees with Declaration in Support (Form CV-60P or CV-60). The Clerk is instructed to mail Forms CV-60P and CV-60 with a copy of this order to Plaintiff's current address. [See document for details.] (es) [Transferred from cacd on 4/7/2022.]
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Filing 8
NOTICE of Change of address Changing attorneys address to United States Penitentiary Beaumont P O Box 26030 Beaumont, TX 77720 Filed by Plaintiff Michael Johnson. (es) [Transferred from cacd on 4/7/2022.]
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Filing 7
NOTICE of Change of address Changing plaintiffs address to FTC Oklahoma City FEDERAL TRANSFER CENTER P.O. BOX 898801 OKLAHOMA CITY, OK 73189. Filed by Plaintiff Michael Johnson. (es) [Transferred from cacd on 4/7/2022.]
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Filing 6
Letter from Michael Johnson (es) [Transferred from cacd on 4/7/2022.]
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Filing 5
MINUTE (IN CHAMBERS) ORDER RE: FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Margo A. Rocconi. The Court is in receipt of Plaintiffs Complaint (ECF No. 1). The Complaint was submitted without prepayment of the filing fees or a Request to Proceed In Forma Pauperis. On or before April 28, 2021. Plaintiff is to pay the filing fees or submit a Request to Proceed Without Prepayment of Filing Fees with Declaration in Support (Form CV-60P or CV-60). Failure to timely pay the filing fee or submit a Request to Proceed In Forma Pauperis will result in dismissal of this action. (et) [Transferred from cacd on 4/7/2022.]
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Filing 4
NOTICE OF CLERICAL ERROR Re: Notice of Reference to US Magistrate Judge #3 . The name of the plaintiff is Michael Johnson, NOT Michael Jackson. (esa) [Transferred from cacd on 4/7/2022.]
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Filing 3
NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and referred to Magistrate Judge Margo A. Rocconi. (esa) [Transferred from cacd on 4/7/2022.]
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Filing 2
NOTICE OF FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS (CV-93) (esa) [Transferred from cacd on 4/7/2022.]
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Filing 1
CIVIL RIGHTS COMPLAINT filed against defendants J. Mata(Lieutenant, in official capacity), J. Mata(Lieutenant, in individual capacity), Officers in Charge pursuant to 42:1983. Case assigned to Judge Mark C. Scarsi and referred to Magistrate Judge Margo A. Rocconi, filed by plaintiff Michael Jackson. (esa) [Transferred from cacd on 4/7/2022.]
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