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13-2029 - (PC) Millner v. Biter


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13-2029 - (PC) Millner v. Biter
December 9, 2013
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ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on December 8, 2013. (Attachments: # (1) Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 12/9/2013) [Transferred from cand on 12/12/2013.]
December 13, 2013
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ORDER to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee within 45 Days signed by Magistrate Judge Stanley A. Boone on 12/12/2013. Motion for IFP due by 1/30/2014. (Attachments: # (1) IFP Application Form)(Flores, E)
April 1, 2014
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SECOND ORDER To Submit Application To Proceed In Forma Pauperis Or Pay Filing Fee Within 45 Days, signed by Magistrate Judge Stanley A. Boone on 3/31/2014. (Motion for IFP due by 5/5/2014) (Attachments: # (1) IFP Application)(Fahrney, E)
May 8, 2014
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ORDER DISMISSING 15 First Amended Complaint, WITH LEAVE TO AMEND, for Failure to State a Cognizable Claim for Relief signed by Magistrate Judge Stanley A. Boone on 5/7/2014. (Attachments: # (1) Amended Complaint Form)(Sant Agata, S)
June 13, 2014
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ORDER re 22 Notice, signed by Magistrate Judge Stanley A. Boone on 06/13/14. (Gonzalez, R)
June 13, 2014
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ORDER Denying 21 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 06/13/14. (Gonzalez, R)
June 27, 2014
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ORDER Denying Plaintiff's Amended Motion For Appointment Of Counsel (ECF No.26), signed by Magistrate Judge Stanley A. Boone on 6/27/2014. (Fahrney, E)
July 31, 2014
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ORDER DISMISSING 23 Second Amended Complaint, WITH LEAVE TO AMEND, for Failure to State a Cognizable Claim for Relief Under Section 1983 signed by Magistrate Judge Stanley A. Boone on 7/31/2014. (Attachments: # (1) Amended Complaint Form)(Sant Agata, S)
August 13, 2014
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ORDER VACATING 19 Order Granting Plaintiff In Forma Pauperis Status and DIRECTING Clerk of Court to Serve a Copy of Order on Director of California Department of Corrections, signed by Magistrate Judge Stanley A. Boone on 8/13/14. (Copy of this order served electronicly to CDC)(Martin-Gill, S)
September 16, 2014
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ORDER DENYING Plaintiff's Third 31 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 09/15/14. (Martin-Gill, S)
October 7, 2014
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ORDER Finding Certain Claims Cognizable, Requiring Plaintiff to Serve Complaint on Certain Defendants (J. Anderson, O. Marroquin, D. Rodriguez, W. Sweetser, R. Sulier and Pair) within One-Hundred Twenty Days and Dismissing Remaining Claims and Defendants for Failure to State Cognizable Claim for Relief,signed by Magistrate Judge Stanley A. Boone on 10/06/2014. (120 -Day Deadline) (Attachments: # (1) Third Amended Complaint, dated 09/10/14, # (2) Notice of Lawsuit and Request for Waiver of Service of Summons, # (3) Waiver of Service, # (4) Rule 4 Summons)(Martin-Gill, S)
October 24, 2014
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ORDER AMENDING October 7, 2014, Order Finding Certian Claims Cognizable and DIRECTING Plaintiff to Serve Complaint on Certain Defendants signed by Magistrate Judge Stanley A. Boone on 10/23/2014. (Sant Agata, S)
April 2, 2015
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ORDER DENYING 45 Motion Extension of Time to Serve Summons, AS MOOT, signed by Magistrate Judge Stanley A. Boone on 04/01/2015. (Martin-Gill, S)
May 12, 2015
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ORDER DENYING 58 Plaintiff's Motion for Entry of Default signed by Magistrate Judge Stanley A. Boone on 5/12/2015. (Jessen, A)
May 12, 2015
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ORDER PROVIDING Plaintiff Additional Time to Serve Defendant Pelago re 55, 56 signed by Magistrate Judge Stanley A. Boone on 5/12/2015. Plaintiff is granted an additional thirty (30) days to serve Defendant Pelago. (Jessen, A)
June 10, 2015
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ORDER Granting Plaintiff's Request To Extend Time To Serve Defendant Pelayo (ECF No.64), signed by Magistrate Judge Stanley A. Boone on 6/9/2015. (Fahrney, E)
June 16, 2015
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ORDER DENYING, Without Prejudice, Plaintiff's 66 Motion for Subpoenas signed by Magistrate Judge Stanley A. Boone on 6/15/2015. (Sant Agata, S)
July 9, 2015
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ORDER GRANTING 71 Motion to Stay Discovery Pending Motion for Summary Judgment Relating to Exhaustion of Administrative Remedies, signed by Magistrate Judge Stanley A. Boone on 07/09/2015. (Martin-Gill, S)
July 22, 2015
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ORDER GRANTING 77 Defendants' Motion to Stay Briefing on Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Stanley A. Boone on 7/21/2015. (Jessen, A)
July 22, 2015
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ORDER Extending Discovery and Scheduling Order Issued May 5, 2015, to Defendant Pelayo signed by Magistrate Judge Stanley A. Boone on 7/22/2015. (Jessen, A)
August 6, 2015
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ORDER DENYING Plaintiff's 84 Motion to Add Defendant Pelayo to the case as unnecessary, signed by Magistrate Judge Stanley A. Boone on 8/6/15. (Martin-Gill, S)
August 6, 2015
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ORDER GRANTING 78 Motion for Reconsideration, Amending Screening Order Issued October 7, 2014, and DIRECTING Clerk of Court to Issue Summons for Defendant Dr. Dileo, signed by Magistrate Judge Stanley A. Boone on 8/6/15. (Martin-Gill, S)
August 27, 2015
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ORDER DENYING Plaintiff's Motion to Compel as Moot 79, signed by Magistrate Judge Stanley A. Boone on 8/27/15. (Hellings, J)
September 16, 2015
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ORDER GRANTING Plaintiff's 92 93 Motions for Leave to File a Supplement to Opposition to Defendants' Motion for Summary Judgment Nunc Pro Tunc signed by Magistrate Judge Stanley A. Boone on 9/15/2015. (Sant Agata, S)
October 13, 2015
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ORDER GRANTING Defendants' Motion to Modify the Discovery and Scheduling Order and VACATING All Deadlines Set Forth in the Court's May 5, 2015 Order 99, signed by Magistrate Judge Stanley A. Boone on 10/13/15. (Hellings, J)
December 17, 2015
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ORDER denying 103 Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 12/17/2015. (Lundstrom, T)
December 28, 2015
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ORDER Denying 105 Motion to Stay, signed by Magistrate Judge Stanley A. Boone on 12/28/15. (Gonzalez, R)
January 11, 2016
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FINDINGS and RECOMMENDATIONS Recommending that Defendants' 89 Motion to Strike Plaintiff's Surreply be Granted and Defendants' 70 Motion for Summary Judgment be Denied, Subject to Evidentiary Hearing signed by Magistrate Judge Stanley A. Boone on 1/11/2016. Referred to Judge Anthony W. Ishii. Objections to F&R due by 2/16/2016. (Sant Agata, S)
March 9, 2016
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ORDER ADOPTING 108 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 89 Defendants' Motion to Strike Plaintiff's Sur-Reply; ORDER DENYING 70 Defendants' Motion for Summary Judgment; ORDER DENYING 73 Plaintiff's Cross-Motion for Summary Judgment; and ORDER DENYING 110 Plaintiff's Motion to Stay the Findings and Recommendations signed by District Judge Anthony W. Ishii on 3/8/2016. (Jessen, A)
March 30, 2016
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ORDER Denying Plaintiff's Fourth Motion For Appointment Of Counsel And Appointment Of Expert Witness (ECF No.118), signed by Magistrate Judge Stanley A. Boone on 3/30/2016. (Fahrney, E)
March 30, 2016
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ORDER Setting Evidentiary Hearing On Issue Of Exhaustion Of Administrative Remedies, signed by Magistrate Judge Stanley A. Boone on 3/30/2016. (Evidentiary Hearing set for 4/28/2016 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone)(Fahrney, E)
March 30, 2016
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ORDER & WRIT Of Habeas Corpus Ad Testificandum To Transport Inmate James W. Millner, CDCR#F-83475, Date: April 28, 2016, Time: 9:00 a.m., Courtroom: 9(SAB), signed by Magistrate Judge Stanley A. Boone on 3/30/2016. (Fahrney, E)
April 22, 2016
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ORDER DENYING Plaintiff's 126 Motion to Subpoena or Depose Witness Dequise Williams signed by Magistrate Judge Stanley A. Boone on 4/21/2016. (Sant Agata, S)
April 22, 2016
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ORDER GRANTING Parties' Stipulation to Joint Exhibit A for use at Evidentiary Hearing on April 28, 2016 signed by Magistrate Judge Stanley A. Boone on 4/21/2016. (Sant Agata, S)
April 29, 2016
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ORDER VACATING Writ of Habeas Corpus Ad Testificandum Directing the Production of James Millner signed by Magistrate Judge Stanley A. Boone on 4/28/2016. (Sant Agata, S)
May 2, 2016
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ORDER terminating as moot 125 Motion for copies of exhibit and 129 Request to modify the Exhibit List signed by Magistrate Judge Stanley A. Boone on 5/2/2016. (Lundstrom, T)
May 9, 2016
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ORDER Granting Defendant Dileo's Motion to Join in Defendants' Motion for Summary Judgment and Evidentiary Hearing, and Relieving Defendant Dileo of Obligation to File a Response Until After Issue of Exhaustion is Resolved, signed by Magistrate Judge Stanley A. Boone on 5/6/16. (Verduzco, M)
July 15, 2016
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ORDER GRANTING Defendants' Request to File Supplemental Briefing 139, signed by Magistrate Judge Stanley A. Boone on 7/15/16: 14-Day Deadline. (Hellings, J)
September 1, 2016
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ORDER Granting Plaintiff's 143 Motion for Production of Documents signed by Magistrate Judge Stanley A. Boone on 08/31/2016. (Flores, E)
February 24, 2017
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FINDINGS and RECOMMENDATIONS Following Evidentiary Hearing Recommending Dismissal of Action 30 Without Prejudice, for Failure to Exhaust the Administrative Remedies, signed by Magistrate Judge Stanley A. Boone on 2/23/17. Objections to F&R Due Within Thirty Days. (Marrujo, C)