Rael v. Pantoja et al
| Joseph Rael |
| I. Perez Pantoja and J. Guerra |
| 1:2020cv01932 |
| March 19, 2020 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| PSLC CET |
| Robert M Illman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 58 NOTICE of Appearance by Harry Libarle (Libarle, Harry) (Filed on 8/4/2023) |
| Filing 57 NOTICE of Appearance by Alec Rishwain of Christopher Brown (Rishwain, Alec) (Filed on 8/3/2023) |
| Filing 56 CLERK'S NOTICE: RESCHEDULING Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is presently scheduled for 8/3/2023. The Pre-Settlement Call is RESCHEDULED TO: 8/4/2023 at 1:30 p.m. Counsel shall be prepared to speak about the status of this case and to talk about the Settlement Conference and schedule a date for the Settlement Conference. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 7/26/2023) |
| Filing 55 NOTICE of Substitution of Counsel by Samuel Gray Gilmor (Gilmor, Samuel) (Filed on 6/13/2023) |
Filing 54
ADMINISTRATIVE CASE CLOSING ORDER. In March of 2022, this case was referred to the Hon. Thomas S. Hixson for settlement purposes (see dkt. 39 at 10). Settlement discussions are ongoing (see dkt. 53). In the meantime, the Clerk of Court is ORDERED to administratively close this case. An "administrative closing" order (e.g., the action is stayed pending completion of act or event) is a "docket management tool" -- not a dismissal or a "final decision" creating appellate jurisdiction. See Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005). It is "no different from a simple stay, except that...administratively closed cases are not counted as active." Id. (citation and quotation omitted). Signed by Judge Robert M. Illman on 03/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc2, COURT STAFF) (Filed on 3/13/2023)
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| Filing 53 CLERK'S NOTICE SETTING TELEPHONE CONFERENCE RE SCHEDULING FURTHER SETTLEMENT CONFERENCE: Telephone Conference set for 8/3/2023 01:30 PM in San Francisco, - Telephonic Only before Magistrate Judge Thomas S. HixsonCall In Number: 1-888-684-8852/Passcode: 2925506 (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 2/1/2023) |
| Filing 52 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 2/1/2023 at 10:00 a.m., by Zoom.Digital Recording Time: Not Recorded. Start time: 10:00 am. End time: 11:15 am.Plaintiff: Joseph RaelPlaintiffs counsel: Alec RishwainDefendants counsel: Alexander Padua, Lynne StockerProceedings: Case did not settle. Judge Hixson to have a call with the parties on August 3, 2023, at 1:30pm concerning the scheduling of a further settlement conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 2/1/2023) |
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Filing 51
ORDER by Magistrate Judge Thomas S. Hixson granting #50 Stipulation continuing Settlement Conference. Settlement Conference rescheduled to: 2/1/2023 at 10:00 AM in San Francisco, - Zoom Videoconference Only. (rmm2, COURT STAFF) (Filed on 11/18/2022)
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| Filing 50 Stipulation to continue Settlement Conference; Proposed Order filed by Joseph Rael, I. Perez-Pantoja, J. Guerra. (Rishwain, Alec) (Filed on 11/17/2022) Modified on 11/18/2022 (anj, COURT STAFF). |
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Filing 49
Order Setting Settlement Conference before Magistrate Judge Hixson. Settlement Conference set for 11/30/2022 at 10:00 AM by Zoom. Signed by Judge Thomas S. Hixson on September 30, 2022. (tshlc2, COURT STAFF) (Filed on 9/30/2022)
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| Filing 48 Parties Joint Statement pursuant to Court's Order (DKT. #47 . filed by Joseph Rael, J. Guerra and I. Perez-Pantoja. (Rishwain, Alec) (Filed on 9/30/2022) Modified on 9/30/2022 (anj, COURT STAFF). |
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Filing 47
ORDER for parties to meet and confer regarding ADR schedule and file a joint report. Signed by Judge Robert M. Illman on 9/20/2022. (rmilc1, COURT STAFF) (Filed on 9/20/2022)
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| Filing 46 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Status Conference held on 9/20/2022. Court will issue Order for parties to meet and confer regarding ADR schedule and file a joint report. Digital Recording Time: AT&T Teleconference Recording. Plaintiff Attorney: Did not appear. Defendant Attorney: Alex Padua and Lynne Stocker. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 9/20/2022) |
| Filing 45 CLERK'S NOTICE: Status Conference set for 9/20/2022 10:00 AM in McKinleyville, Telephone Conference Only before Magistrate Judge Robert M. Illman. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 1868782The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 9/12/2022) |
| Filing 44 NOTICE of Unavailability by J. Guerra (Stocker, Lynne) (Filed on 7/25/2022) Modified on 7/26/2022 (jml, COURT STAFF). |
| #Electronic filing error. NOTICE TO COUNSEL: Alec Rishwain- The docket shows a different address from what is appearing on the document. Please update your personal profile on ECF. Re: #43 Order, (anj, COURT STAFF) (Filed on 6/29/2022) |
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Filing 43
ORDER APPOINTING COUNSEL. All proceedings in this action are hereby stayed until four weeks from the date of this order. Counsel shall be familiar with General Order No. 25 posted on the Courts website. Signed by Judge Robert M. Illman on 06/15/2022. (rmilc2, COURT STAFF) (Filed on 6/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 42
ORDER REFERING CASE TO THE FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL. This case is referred to the Federal Pro Bono Project. The Clerk of Court shall forward to the Federal Pro Bono Project: (a) a copy of this order, (b) a copy of the docket sheet, and (c) a copy of the complaint and relevant court orders. When the Federal Pro Bono Project reports that an attorney has been located to represent plaintiff, that attorney will be appointed. In view of the referral this case is STAYED. Signed by Judge Robert M. Illman on 05/31/2022. (rmilc2, COURT STAFF) (Filed on 5/31/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 41 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 5/25/2022 at 10:00 a.m., by Zoom.Digital Recording Time: Not Recorded. Plaintiff Attorney: Joseph Rael, Pro Se Plaintiff. Defendant Attorney: Alexander Padua and Lynne Stocker. Attachment: Proceedings: Case did not settle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 5/25/2022) |
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Filing 40
Order Setting Settlement Conference before Magistrate Judge Hixson. Settlement Conference set for 5/25/2022 10:00 AM by Videoconference Only.This proceeding will be held by Zoom. Parties are instructed to access the Zoom settlement conference by going to https://www.cand.uscourts.gov/judges/hixson-thomas-s-tsh/ and scrolling down the webpage to select the Zoom meeting link under the bolded title "Joining Non-Public Hearings (Settlement Conferences, etc.)"(tshlc2, COURT STAFF) (Filed on 3/31/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement (ahm, COURT STAFF) (Filed on 3/22/2022) |
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Filing 39
Order by Magistrate Judge Robert M. Illman granting #26 Motion for Partial Summary Judgment. (rmilc2, COURT STAFF) (Filed on 3/3/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 38
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Illman for all further proceedings. Magistrate Judge Lucy H. Koh no longer assigned to case. Signed by Judge Richard Seeborg on 1/7/2022. (anj, COURT STAFF) (Filed on 1/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Case Reassigned to Magistrate Judge Robert M. Illman. Judge Lucy H. Koh no longer assigned to the case. (anj, COURT STAFF) (Filed on 1/7/2022) |
| Filing 37 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by I. Perez Pantoja.. (Padua, Alexander) (Filed on 1/4/2022) |
| Filing 36 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joseph Rael.. (Attachments: #1 Envelope)(cv, COURT STAFF) (Filed on 12/30/2021) |
| Filing 35 You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (ked, COURT STAFF). |
| Filing 34 Joinder re #33 Reply to Opposition/Response, by J. Guerra. (Attachments: #1 Certificate/Proof of Service)(Stocker, Lynne) (Filed on 9/20/2021) |
| Filing 33 REPLY (re #26 MOTION for Partial Summary Judgment and MOTION for Judgment on the Pleadings ) in Support of Partial Motion for Summary Judgment and Motion for Judgment on the Pleadings filed byI. Perez Pantoja. (Padua, Alexander) (Filed on 9/20/2021) |
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Filing 32
**SEE ATTACHMENT 1 FOR ORDER WITH LEGIBLE ECF HEADER** Order by Judge Lucy H. Koh Granting #30 Defendant's Administrative Motion to Change Time to File Reply to Opposition to Motion for Summary Judgment. Signed by Judge Lucy H. Koh on September 10, 2021. (kedS, COURT STAFF) (Filed on 9/10/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 9/10/2021: #1 Order With Legible ECF Header) (kedS, COURT STAFF). Modified on 9/10/2021 (kedS, COURT STAFF).
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| Filing 31 Joinder re #30 MOTION for Extension of Time to File Administrative Motion to Change Time to File Reply to Plaintiff's Opposition to Motion for Summary Judgment, Memorandum of Points and Authorities; Declaration of Alexander Padua in Support of Defendant by J. Guerra. (Stocker, Lynne) (Filed on 9/3/2021) |
| Filing 30 MOTION for Extension of Time to File Administrative Motion to Change Time to File Reply to Plaintiff's Opposition to Motion for Summary Judgment, Memorandum of Points and Authorities; Declaration of Alexander Padua in Support of Defendant's Administrative Motion to Change Time to File Reply to Plaintiff's Opposition to Motion for Summary Judgment filed by I. Perez Pantoja. (Attachments: #1 Proposed Order)(Padua, Alexander) (Filed on 9/3/2021) |
| Filing 29 OPPOSITION to ( #26 MOTION for Partial Summary Judgment and MOTION for Judgment on the Pleadings ) filed by Joseph Rael. (Attachments: #1 Envelope)(dhmS, COURT STAFF) (Filed on 8/27/2021) |
| Filing 28 NOTICE by J. Guerra Notice of Unavailability (Stocker, Lynne) (Filed on 8/27/2021) |
| Filing 27 Joinder to #26 Co-Defendant's Motion for Partial Summary Judgment and Motion for Judgment on the Pleadings by J. Guerra. (Stocker, Lynne) (Filed on 7/13/2021) Modified on 7/13/2021 linking entry to related document #26 (dhmS, COURT STAFF). |
| #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #27 Joinder filed by J. Guerra (dhmS, CO URT STAFF) (Filed on 7/13/2021) |
| Filing 26 MOTION for Partial Summary Judgment and MOTION for Judgment on the Pleadings filed by I. Perez Pantoja. Responses due by 8/9/2021. Replies due no later than 14 days after the opposition is filed. (Attachments: #1 Rand Warning, #2 Padua Declaration and Exhibit A, #3 Monroy Declaration and Exhibit A to I, #4 Mosley Declaration and Exhibit A to H, #5 Proposed Order)(Padua, Alexander) (Filed on 7/12/2021) Modified on 7/12/2021 Incorrect event selected when posting document (dhmS, COURT STAFF). Modified on 7/15/2021 (kedS, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #26 MOTION for Summary Judgment filed by I. Perez Pantoja (dhmS, COURT STAFF) (Filed on 7/12/2021) |
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Filing 25
Order Establishing Briefing Schedule. Signed by Judge Lucy H. Koh on June 15, 2021. (kedS, COURT STAFF) (Filed on 6/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 5/28/2021. Not settled. Return to presiding judge. FTR Time: Not recorded. Plaintiff Attorney: Joseph Rael, Pro Se. Defendant Attorneys: Alex Padua and Lynne Stocker. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 5/28/2021) |
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Filing 23
ORDER Setting Settlement Conference. Settlement Conference set for 5/28/2021 at 10:00 AM by Videoconference Only. This proceeding will be held by Zoom. Parties are instructed to access the Zoom settlement conference by going to https://www.cand.uscourts.gov/judges/illman-robert-m-rmi/ and scrolling down the webpage to select the Zoom meeting link under the bolded title "Joining Non-Public Hearings (Settlement Conferences, etc.)." Signed by Judge Robert M. Illman on 3/19/2021. (rmilc1, COURT STAFF) (Filed on 3/19/2021) |
| CASE REFERRED to Magistrate Judge Magistrate Judge Robert M. Illman for Settlement Conference (dhmS, COURT STAFF) (Filed on 3/12/2021) |
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Filing 22
Order Granting #21 Stipulation and Administrative Motion to Request Referral to Settlement Conference and Deferral of Dispositive Motion Deadline. Signed by Judge Lucy H. Koh on March 12, 2021. (kedS, COURT STAFF) (Filed on 3/12/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 21 STIPULATION WITH PROPOSED ORDER to Request Referral to Settlement Conference and Deferral of Dispositive Motion Deadline filed by I. Perez Pantoja. (Attachments: #1 Declaration of Padua, #2 Proposed Order)(Padua, Alexander) (Filed on 3/10/2021) |
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Filing 20
ORDER by Judge Lucy H. Koh Granting #19 Motion for Extension of Time to File Motion for Summary Judgment or Other Dispositive Motion. (lhklc1S, COURT STAFF) (Filed on 10/26/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 19 First MOTION for Extension of Time to File MSJ or Other Dispositive Motion filed by J. Guerra. (Attachments: #1 Certificate/Proof of Service, #2 Proposed Order)(Stocker, Lynne) (Filed on 10/22/2020) |
| Filing 18 NOTICE of Substitution of Counsel by Lynne Goldsberry Stocker in place of Alexander Padua (Stocker, Lynne) (Filed on 10/9/2020) |
| Filing 17 NOTICE of Substitution of Counsel by J. Randall Andrada in place of Alexander Padua (Andrada, J.) (Filed on 10/9/2020) |
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Filing 16
ORDER GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION. Signed by Judge Lucy H. Koh on September 11, 2020. (kedS, COURT STAFF) (Filed on 9/11/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 15 OPPOSITION/RESPONSE (re #14 Ex Parte Application ) filed byJ. Guerra, I. Perez Pantoja. (Padua, Alexander) (Filed on 8/27/2020) |
| Filing 14 Ex Parte Application requesting review to determine opportunity to prevail in response to waiver of reply filed by Joseph Rael. (arkS, COURT STAFF) (Filed on 8/24/2020) (Additional attachment(s) added on 9/10/2020: #1 Envelope) (sfbS, COURT STAFF). |
| Filing 13 MOTION for Extension of Time to File Defendants' Notice of Motion and Administrative Motion to Reset Time to File Dispositive Motion filed by J. Guerra, I. Perez Pantoja. (Attachments: #1 Declaration of Padua, #2 Exhibit A, #3 Proposed Order)(Padua, Alexander) (Filed on 8/24/2020) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 08/18/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 8/18/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 9 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ejkS, COURT STAFF) (Filed on 8/18/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 12 Summons Returned Unexecuted by Joseph Rael as to J. Guerra. (slhS, COURT STAFF) (Filed on 8/12/2020) |
| Filing 11 SUMMONS Returned Executed by Joseph Rael. I. Perez Pantoja served on 8/11/2020, answer due 9/1/2020. (slhS, COURT STAFF) (Filed on 8/12/2020) |
| Filing 8 DEMAND for Trial by Jury by J. Guerra, I. Perez Pantoja. (Padua, Alexander) (Filed on 8/7/2020) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. Guerra, I. Perez Pantoja.. (Padua, Alexander) (Filed on 8/6/2020) |
| Filing 6 Acknowledgement of Receipt by U.S. Marshal re #5 Summons Issued (slhS, COURT STAFF) (Filed on 6/24/2020) |
| Service packet delivered to the U.S. Marshals Post Box in the Clerks Office mailroom. (slhS, COURT STAFF) (Filed on 4/10/2020) |
| Filing 5 Summons Issued as to J. Guerra, I. Perez Pantoja. (Attachments: #1 USM form, #2 USM form)(slhS, COURT STAFF) (Filed on 4/10/2020) |
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Filing 4
Order by Magistrate Judge Laurel Beeler granting #2 Motion for Leave to Proceed in forma pauperis. (Attachments: #1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 3/27/2020)
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Filing 3
ORDER OF SERVICE re #1 Complaint filed by Joseph Rael. Habeas Answer or Dispositive Motion due by 6/26/2020. Signed by Judge Laurel Beeler on 03/27/2020. (Attachments: #1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 3/27/2020)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Rael. (slhS, COURT STAFF) (Filed on 3/19/2020) |
| Filing 1 COMPLAINT against J. Guerra, I. Perez Pantoja (Filing fee: IFPP). Filed by Joseph Rael. (Attachments: #1 Envelope)(slhS, COURT STAFF) (Filed on 3/19/2020) |
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