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13-1757 - Gamez #131401 v. Ryan et al


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13-1757 - Gamez #131401 v. Ryan et al
March 24, 2014
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ORDER that Plaintiff's 2 APPLICATION to Proceed In Forma Pauperis is granted. Plaintiff must pay the filing fee. The 1 Complaint is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to comply, the Clerk of Court 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. § 1915(g). The Clerk must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Plaintiff's 7 MOTION for Recusal and 8 MOTION to Appoint Counsel are denied. Signed by Senior Judge Robert C Broomfield on 3/24/2014. (LFIG)
March 24, 2014
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ORDER Directing Monthly Payments be made from Prison Account of Robert Gamez. Signed by Senior Judge Robert C Broomfield on 3/24/2014. (LFIG)
April 24, 2014
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ORDER denying 12 Plaintiff's Motion for Reconsideration and granting 13 Plaintiff's Motion for Extension of Time to Amend Complaint. Plaintiff is granted an additional 30 days to file a first amended complaint. Clerk must enter dismissal with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g) if plaintiff fails to comply. Signed by Senior Judge Stephen M McNamee on 4/23/14.(LSP)
September 15, 2015
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REPORT AND RECOMMENDATION recommending 42 Plaintiff's Motion for Leave to Amend and 46 Plaintiff's Request for Entry of Default be denied and Defendant Gatlin be ordered to answer Count Three of Plaintiff's Third Amended Complaint (Doc. 29) within 21 days of the District Court's Order ruling on this Report and Recommendation. Signed by Magistrate Judge Deborah M Fine on 9/14/15. (LSP)
January 22, 2016
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ORDER adopting in whole the Report and Recommendation (Doc. 47) submitted by Judge Fine in this matter, and all reasoning within it. FURTHER ORDERED denying Plaintiff's Motion for Leave to Amend (Doc. 42) and denying Plaintiff's Motion/Request for Entry of Default Pursuant to Federal Rule of Civil Procedure Rule 55 (Doc. 46). Clerk to prepare a service packet using the address for Defendant Gatlin from Document 44. The United States Marshal must serve a copy of this Order on Defendant Gatlin and within 10 days after personal service is effected, file the notice of service for Defendant Gatlin. FURTHER ORDERED denying Plaintiff's Motion to Appoint Counsel (Doc. 50).. Signed by Judge John J Tuchi on 1/22/16. (EJA)
September 27, 2016
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ORDER ADOPTING 65 REPORT AND RECOMMENDATION in whole; denying as moot Plaintiff's Motion for Clarification (Doc. 67), which the Court deems a Motion for Status. This matter is dismissed for failure to serve process and the Clerk shall close this case. Signed by Judge John J Tuchi on 9/27/16. (DXD)