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03-5488 - (PC) Duarte v. Andrews, et al


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03-5488 - (PC) Duarte v. Andrews, et al
August 2, 2005
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FINDINGS and RECOMMENDATIONS: recommending that pursuant to Rule 4(m), Defendant Gardner be DISMISSED from this action, without prejudice, based on Plaintiff's failure to provide sufficient information for the Marshal to serve defendant. Matter referred to Judge Ishii, Objections to R&R due by 9/6/2005. Signed by Judge Lawrence J. O'Neill on 8/2/05. (Hellings, J)
August 2, 2005
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ORDER NOTIFYING Plaintiff That The Basis Of Defendants' Exhaustion Motion Is This Unenumberated Portion Of Rule 12(B), and Notifying The Parties That Defendants' 31 Motion For Summary Judgment Will Not Be Considered By The Court On The Ground That It Is Procedurally Deficient. Signed by Judge Lawrence J. O'Neill on 8/2/05. (Hellings, J)
September 21, 2005
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ORDER requiring plaintiff to respond to defendants' motion to dismiss. Filing due by 10/25/2005. Signed by Judge Lawrence J. O'Neill on 9/21/05. (Keeler, P)
September 29, 2005
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS and dismissing defendant GARDNER from action signed by Judge Anthony W. Ishii on 9/27/2005. Defendant GARDNER terminated.(Lucas, G)
November 16, 2005
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FINDINGS and RECOMMENDATIONS: recommending that Defendants' Motion to Dismiss for Failure to Exhaust and for Judgment on the Pleadings 31 be DENIED, without prejudice; and Scheduling Order be modified to allow the parties 45 days from the date of service of the District Judge's order within which to file further dispositive motions. Motion referred to Judge Ishii. Objections to F&R due by 12/19/2005. Signed by Judge Lawrence J. O'Neill on 11/16/05. (Hellings, J)
February 14, 2006
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ORDER ADOPTING IN FULL FINDINGS and RECOMMENDATIONS filed 11/16/05 re 37 Findings and Recommendations, DENYING 31 MOTION to DISMISS and for judgment on the pleadings AND MODIFYING scheduling order to allow parties 45 days to file dispositive motions.Filing due by 4/3/2006. Signed by Judge Anthony W. Ishii on 2/14/06. (Keeler, P)
July 25, 2006
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ORDER to SHOW CAUSE signed by Judge Anthony W. Ishii on 7/24/06 ORDERING Defendants to SHOW CAUSE in writing, why sanctions should not be imposed for their failure to file a pre-trial statement in compliance with the court's 4/17/06 39 order. Show Cause Response due by 7/31/2006. The 8/7/06 telephonic trial confirmation hearing is VACATED pending further order of the court. The trial date of 9/19/06 remains set. (Carter-Ford, R)
August 7, 2006
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ORDER REQUIRING DEFENDANTS TO FILE A PRETRIAL STATEMENT BY 8/10/2006 at 4 P.M. Order signed by Judge Anthony W. Ishii on 08/04/2006. (Martin, S)
August 18, 2006
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ORDER requiring Defendants to file a Pre-Trial Statement by 11:00 A.M. on 8/18/06 signed by Judge Anthony W. Ishii on 8/15/06. (Lundstrom, T)
September 11, 2006
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ORDER GRANTING request to continue trial; Order VACATING transportation writ for Duarte; Order requesting further briefing. Jury Trial set for 10/11/2006 at 09:30 AM in Courtroom 2 (AWI) before Judge Anthony W. Ishii. Order signed by Judge Anthony W. Ishii on 9/06/2006. (Martin, S)
September 26, 2006
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{VACATED PER COURT ORDER 68} ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM to transport John Carlos Duarte-#44829-008 Plaintiff for December 5, 2006 at 8:00 am., signed by Judge Anthony W. Ishii on 09/26/2006. Two (2) certified copies of Writ served by mail on the Litigation Coordinator, Taft Correctional Institution; inter-office delivery to Fresno USM (Martin, S) Modified on 10/6/2006 (Parkman, C).
September 26, 2006
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ORDER VACATING October 11, 2006 Trial and Setting Trial for December 5, 2006. Consent/Decline form due by 10/13/2006. Jury Trial set for 12/5/2006 at 9:30 AM in Courtroom 2 (AWI) before Judge Anthony W. Ishii, signed by Judge Anthony W. Ishii on 9/26/2006. (mailed Plaintiff a Consent/Decline to Magistrate Judge form)(Martin, S)
November 14, 2006
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ORDER VACATING Trial Date of 12/5/06, and Setting Telephonic Trial Setting Conference: Telephonic Trial Setting Conference SET for 11/30/2006 at 09:00 AM in Courtroom 8 (LJO) before Magistrate Judge Lawrence J. O'Neill. Defendants' counsel shall initiate and make appropriate arrangements for the conference call at (559) 499-5680. Signed by Judge Lawrence J. O'Neill on 11/14/06. (Hellings, J); FAX TO TCI, Litigation Coord and Records Division.
November 14, 2006
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ORDER VACATING Order and Writ of Habeas Corpus Ad Testificandum to Transport John Carlos Duarte, #44829-008, on 12/5/06 61. Signed by Judge Lawrence J. O'Neill on 11/14/06. {cc via email: US Marshal - Fresno}(Hellings, J); FAX to TCI, Litigation Coord and Records Division.
November 30, 2006
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ORDER following telephonic trial setting conference setting the following dates: Case Management DDL set for 12/12/2006 for receipt of final exhibit lists; Filing DDL set for 3/9/2007 for receipt of proposed jury instructions, statement of case, proposed verdict form, and proposed voir dire; Jury Trial set for 5/23/2007 at 09:00 AM in Courtroom 8 (LJO) before Magistrate Judge Lawrence J. O'Neill; order signed by Judge Lawrence J. O'Neill on 11/30/06. (Rooney, M)
March 2, 2007
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ORDER directing parties to notify Court whether they consent to the undersigned, within thirty days. Notification due by 4/5/2007. Signed by Judge Dennis L. Beck on 3/1/07. (Gil-Garcia, A)
April 6, 2007
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ORDER NOTIFYING PARTIES THAT THIS ACTION WILL BE REASSIGNED TOUNITED STATES MAGISTRATE JUDGE SANDRA M. SNYDER ABSENT OBJECTIONFILED WITHIN FIFTEEN DAYS signed by Judge Dennis L. Beck on 4/6/2007. Case Management: objections due by 4/27/2007. (Hutcheson, C)
April 26, 2007
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ORDER signed by Judge Dennis L. Beck on 4/25/07 assigning action to Magistrate Judge Sandra M. Snyder re 76 Order. New Case No. 1:03-cv-05488-SMS-(PC). (Lundstrom, T)
May 3, 2007
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***VACATED PER ORDER NO. 80***ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM to transport Plaintiff John Carlos Duarte on May 23, 2007, signed by Judge Sandra M. Snyder on 05/02/2007. Two (2)Certified Copies of Writ served by mail on the Warden of Taft Correctional Institution and US Marshal - Fresno. Faxed copies to TCI Executive Assistant, Dale Patrick and Records (Miss Lane).(Martin, S)
May 16, 2007
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ORDER continuing Jury Trial from May 23, 2007, to November 5, 2007, signed by Judge Sandra M. Snyder on 05/16/2007. Jury Trial set for 11/5/2007 at 09:00 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. (Martin, S)
May 16, 2007
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ORDER VACATING 78 Writ of Habeas Corpus Ad Testificandum directing the production of John Carlos Duarte, #44829-008, for trial on May 23, 2007 and Order directing Clerk's Office to serve copy of order by facsimile to TCI and USM, signed by Judge Sandra M. Snyder on 05/16/2007. (forwarded copy of order to TCI via Fax and USPS, along with a hand carriered copy to USM-Fresno)(Martin, S)
October 5, 2007
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ORDER CONTINUING JURY TRIAL FROM NOVEMEBER 5, 2007, AT 9:00AM. TO NOVEMBER 6, 2007, AT 10:00A.M., ORDER DIRECTING CLERK'S OFFICE TO SERVE COURTESY COPY ON LITIGATION OFFICE AT TCI signed by Judge Sandra M. Snyder on 10/5/2007. Jury Trial set for 11/6/2007 at 10:00 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. (Scrivner, E)
March 31, 2008
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Findings of Fact and Conclusions of Law signed by Magistrate Judge Sandra M. Snyder on 3/28/08. CASE CLOSED. (Verduzco, M)