(PC) Harris v. Garcia et al
| David D. Harris |
| A. Garcia and J. Figueroa |
| 2:2022cv01273 |
| July 19, 2022 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 17
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 9/12/2022. The assigned DAG shall contact the Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (Huang, H)
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SERVICE BY MAIL: #17 Order Referring Case to Post-Screening ADR Project, served on David D. Harris. (Huang, H)
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Filing 16
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to J. Figueroa on 8/10/2022; A. Garcia on 8/10/2022. Attorney Bragg, R. Lawrence added as counsel of record. (Bragg, R.) Modified on 9/9/2022 (Huang, H).
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Filing 15
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/24/2022 ORDERING that the Clerk of the Court shall appoint a district judge to this action, and RECOMMENDING that #8 Motion for Injunctive Relief be denied. District Judge Dale A. Drozd and Magistrate Judge Kendall J. Newman assigned for all further proceedings. Referred to District Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-1273-DAD-KJN (PC). (Huang, H)
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SERVICE BY MAIL: #15 Order and Findings and Recommendations served on David D. Harris. (Huang, H)
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Filing 14
NOTICE OF INTENT TO WAIVE SERVICE by defendants Jesus Figueroa, Andy Garcia. AG Waiver of Service due in 30 days. (Coll, A)
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Filing 12
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 08/10/22. Consent or Decline due by 9/12/2022. (Plummer, M)
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Filing 11
SUMMONS ISSUED as to *J. Figueroa, A. Garcia* with answer to complaint due within *21* days. Attorney *David D. Harris P-54532* *California Health Care Facility* *PO Box 213040* *Stockton, California, 95213*. (Plummer, M)
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Filing 10
ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/22 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant(s): *J. Figueroa*, *A. Garcia*. Operative Complaint, Summons, Notice of E-Service Waiver and this Order served via email on CDCR. (Attachments: #1 CDCR Notice of Waiver) (Plummer, M)
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SERVICE BY MAIL: #10 Order Finding Service of Complaint Appropriate, served on David D. Harris. (Plummer, M)
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Filing 9
NOTICE of ELECTION by David D. Harris. Plaintiff opts to proceed with the original complaint as to the Eighth Amendment claim against defendants Garcia and Figueroa. (Coll, A)
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Filing 8
MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by David D. Harris. (Reader, L)
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Filing 7
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. (Reader, L)
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Filing 6
DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on the Director of CDCR pursuant to #5 Order Directing Prisoner Payment. (Yin, K)
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Filing 5
ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Account of David D. Harris signed by Magistrate Judge Kendall J. Newman on 7/26/2022.The appropriate agency 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 4
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/2022 GRANTING plaintiff's #2 request to proceed ifp and DISMISSNG all claims, with leave to amend, but for the Eighth Amendment claim against defendants Garcia and Figueroa. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. Within 30 days, plaintiff may amend his complaint to attempt to state additional cognizable claims. Plaintiff is not obliged to amend his complaint. The allegations in the pleading are sufficient to state a potentially colorable Eighth Amendment claim against defendants Garcia and Figueroa. Plaintiff shall complete and return the attached notice within 30 days. (Yin, K)
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SERVICE BY MAIL: #5 Order Directing Prisoner Payment, #4 Screening Order served on David D. Harris. (Yin, K)
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Filing 3
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. E-Filing Notice issued re complaint filed *7/19/2022*. Consent or Decline due by 8/22/2022. (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Reader, L)
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Filing 2
MOTION to PROCEED IN FORMA PAUPERIS by David D. Harris. (Reader, L)
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Filing 1
PRISONER CIVIL RIGHTS COMPLAINT against J. Figueroa, A. Garcia by David D. Harris. (Attachments: #1 Civil Cover Sheet)(Reader, L)
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SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on David D. Harris. (Reader, L)
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