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07-406 - Craddock v. Lizarraga


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07-406 - Craddock v. Lizarraga
January 17, 2008
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REPORT AND RECOMMENDATIONS: recommending 32 MOTION to Amend Complaint be granted in part and denied in part; IT IS FURTHER RECOMMENDED that 31 MOTION to Dismiss Case filed by Forrest Juan Craddock be denied as moot; IT IS FURTHER RECOMMENDED that 50 MOTION to Amend, 49 MOTION to Amend, 40 MOTION to Amend, 52 MOTION to Amend, 42 MOTION to Amend, 51 MOTION to Amend, 43 MOTION to Amend, 48 MOTION to Amend, 44 MOTION to Amend, 45 MOTION to Amend, 41 MOTION to Amend, and 47 MOTION to Amend be denied. IT IS FURTHER RECOMMENDED that 37 MOTION for Summary Judgment be denied without prejudice. Signed by Magistrate Judge Mark E Aspey on 1/16/08. (LSP)
February 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 56 as modified by this Order. Plaintiff's 32 Motion to amend Compliant is granted insofar as the proposed ThirdAmended Complaint 33 asserts an Eighth Amendment deliberate- indifference claim against Dr. Lizarraga, Elke Johnson, "Nurse Bob," "Nurse Lisa," "Nurse Nancy," and "Nurse Edna" and denied insofar as the proposed Third Amended Complaint raises claims of negligence and seeks to add Sheriff Vasquez and Mr. Celis as Defendants. The Clerk shall file the proposed Third Amended Complaint, lodged as Document 33. Defendants Vasquez and Celis, Count VII, and the claims for negligence are dismissed. Defendants Lizarraga, Elke Johnson, "Nurse Bob," "Nurse Lisa," "Nurse Nancy," and "Nurse Edna" must answer the remaining allegations in Counts I through VI and Count VIII. Plaintiff's motions to amend the complaint (Doc. #40, 41, 42, 43, 44, 45, 47, 48, 49, 50, 51 and 52) are denied. Plaintiff's motion to dismiss 31 is denied as moot. Plaintiffs motion for summary judgment 37 is denied without prejudice. Clerk must send counsel of record for Defendant Lizarraga a copy of the Third Amended Complaint and this Order. Clerk must send Plaintiff a service packet Defendants Elke Johnson, "Nurse Bob," "Nurse Lisa," "Nurse Nancy," and "Nurse Edna." Service Packet due by 3/17/2008. This case remains referred to Magistrate Judge Aspey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Signed by Judge Roslyn O Silver on 2/25/08. (LSP)
July 16, 2008
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REPORT AND RECOMMENDATION recommending 60 MOTION to Amend/Correct re Complaint, 81 MOTION to Amend/Correct re Second Amended Complaint and 88 MOTION for Leave to File 33 Lodged Proposed Amended Complaint all be denied. Signed by Magistrate Judge Mark E Aspey on 7/15/08. (LSP)
September 24, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 109. Dismissing the following motions of plaintiff: 81 Motion to Amend/Correct, 60 Motion to Amend/Correct, 88 Motion for Leave to File. Signed by Judge Roslyn O Silver on 9/23/08. (DMT, )