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17-1266 - Derello v. Jackson et al


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17-1266 - Derello v. Jackson et al
October 30, 2017
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REPORT AND RECOMMENDATION Re: Dismissal of Unserved Defendant: IT IS THEREFORE RECOMMENDED that, pursuant to Rule 4(m), Defendant Olson be DISMISSED WITHOUT PREJUDICE. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. However, pursuant to Rule 72, Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen (14) days within which to file a response to the objections. Failure to timely file objections to any findings or recommendations of the Magistrate Judge will be considered a waiver of a party's right to de novo consideration of the issues, and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge. Signed by Magistrate Judge James F Metcalf on 10/30/2017. (REK)
January 12, 2018
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ORDER: The R&R 55 is accepted. The complaint against Defendant Olson is dismissed without prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action as to Defendant Olson only. Signed by Judge David G Campbell on 1/12/2018. (REK)
August 9, 2018
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ORDER - The reference to the Magistrate Judge is withdrawn as to Defendant Jackson's 80 Motion for Summary Judgment and Plaintiff's 93 Motion for Reconsideration. Plaintiff's 93 Motion for Reconsideration is denied. Defendant Jackson's 80 Motion for Summary Judgment is granted, and the action is terminated with prejudice. The Clerk of Court must enter judgment accordingly. Signed by Senior Judge David G Campbell on 8/9/18. (GMP)