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13-1591 - Garcia v. Ryan et al


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13-1591 - Garcia v. Ryan et al
January 15, 2014
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ORDER, Plaintiff's Application to Proceed In Forma Pauperis 2 is granted; the Complaint 1 is dismissed for failure to state a claim; Plaintiff has 30 days to file a first amended complaint in compliance with this Order; if Plaintiff fails to comply with this order, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g); Plaintiff's motion for appointment of counsel 5 is denied. Signed by Judge David G Campbell on 1/15/14. (REW)
December 20, 2016
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REPORT AND RECOMMENDATION: recommending that Plaintiff's Motion for Leave to Amend Complaint 65 be granted in part and denied in part as set forth in this order; further recommending that Plaintiff be allowed to file a Second Amended Complaint asserting Count III against the following individual defendants (and spouses as applicable) as well as the factual allegations relating thereto, including exhaustion: Puri, Pacheco, Runge, Jasso, Patrick, Luker, Thompson, and Baker; further recommending that Plaintiff's Motion for Leave to Amend Complaint 65 otherwise be denied. Signed by Magistrate Judge Deborah M Fine on 12/19/16. (REW)
February 3, 2017
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ORDER ON REPORT AND RECOMMENDATION: Magistrate Judge Fine's Report & Recommendation ("R&R") 68 is accepted and adopted in part, as set forth in this order; the remainder of the R&R is not accepted; Plaintiff's Motion for Leave to Amend 65 is granted subject to the limitations as set forth in this order; upon incorporating the exclusions and modifications to his proposed Second Amended Complaint, Plaintiff must file a clean version of the Second Amended Complaint no later than 2/15/17; because Plaintiff is no longer a prisoner and is represented by counsel, the Second Amended Complaint will not be screened by the Court. Signed by Judge Diane J Humetewa on 2/2/17. (REW)