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04-2136 - (PC) Armstrong v. Runnels, et al


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04-2136 - (PC) Armstrong v. Runnels, et al
June 17, 2005
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ORDER signed by Judge Peter A. Nowinski on 6/16/05: Pltf filed an amended complaint 28 w/out a proof of service. Pltf shall file a proof of service w/in 10 days, otherwise this action will proceed on the complaint filed 10/12/04. (Girgis, C) Modified on 6/20/2005 (Krueger, M).
August 17, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Peter A. Nowinski on 8/17/05 recommending that pltf's 2/7/05 request for a preliminary injunction 14 should be denied. Motion referred to Judge Garland E. Burrell. (Girgis, C)
September 6, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Peter A. Nowinski on 9/6/05 recommending: Pltf's Due Process and Fourth Amendment claims against Garcia, Jimenez, and Pontarol be dismissed w/ prejudice; Pltf's access to courts claim against Garcia, Jimenez, and Pontarol be dismissed w/out prejudice and; Claims against Levin, Correa, Sands, Barton, Watkins, Roche, and Rohlfing be dismissed w/out prejudice. Referred back to Judge Garland E. Burrell Jr. (Girgis, C)
September 6, 2005
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ORDER signed by Judge Peter A. Nowinski on 9/6/05 ORDERING Dft's 6/23/05 motion 30 is DENIED. The time to respond to any outstanding discovery request by either party is extended 30 days after service of this order. (Girgis, C)
September 6, 2005
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ORDER signed by Judge Peter A. Nowinski on 9/6/05 ORDERING Service is appropriate for dfts Chandler, Young, Turner, Rumble, Phinney, James Gomez, Gellette, Callison, Mangis, and Fernandez; Clerk shall send pltf 10 USM-285 forms, 1 summons, an instruction sheet, and 1 copy of 6/14/05 pleading; W/in 30 days from service of this order, pltf shall complete Notice of Submission of Documents w/completed forms; Upon receipt of materials the court will direct USM to serve dfts pursuant to FRCP 4 w/out payment of costs. Pltf shall seek names of Doe dfts and leave to amend complaint promptly upon discovering them.(Girgis, C) Modified on 9/7/2005 (Girgis, C).
September 27, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 9/26/05 ADOPTING Findings and Recommendations 38. Pltf's due process and fourth amendment claims against Garcia, Jimenez, and Pontarol are DISMISSED with prejudice; the access to courts claim against Garcia, Jimenz and Pontarol is DISMISSED. Claims against Levin, Correa, Sands, Barton, Watkins, Roche and Rohfing are DISMISSED. (Carlos, K)
October 13, 2005
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ORDER signed by Judge Peter A. Nowinski on 10/13/05 DIRECTING USM to serve process on D. L. Runnels, D Pontarolo, Chandler, Phinney, Rumble, Turney, Young, Fernandez, James Gomez, Silvia Garcia, J. Jimenez, J Sands and D Paramo within 10 days. Clerk is directed to serve all necessary forms to USM. Clerk is directed to servea copy of the local rules on plaintiff. (Caspar, M)
December 21, 2005
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ORDER signed by Judge Peter A. Nowinski on 12/20/05 ORDERING dfts' request for extension of time to file and serve a response to the complaint 62 is GRANTED and time is extended until 30 days from the date this order is signed.(Warren, P)
January 25, 2006
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ORDER signed by Judge Peter A. Nowinski on 1/24/06 DIRECTING clerk to send plaintiff two USM-285 Forms and a copy of the 6/14/05 pleading. Within 90 days, plaintiff may submit the Notice of Submission of Documents with the completed USM-285 Forms and copies of the pleading for service of process upon defendants Rumble and Mangis. (Donati, J) Modified on 1/25/2006 (Donati, J).
February 7, 2006
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ORDER signed by Judge Peter A. Nowinski on 2/7/06 DENYING Pltf's 68 Motion to Appoint Counsel . (Brown, T)
March 8, 2006
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ORDER signed by Judge John F. Moulds on 03/07/06 ORDERING that Plaintiff's 02/03/06 Request for the appointment of counsel 83 is DENIED. Plaintiff's 02/23/06, Request for an extension of time is GRANTED. And Plaintiff is GRANTED 60 days from the date of this order to file and serve a response to defendants' 01/19/06, Motion to Dismiss. Defendants' reply, if any, shall be filed seven days thereafter. (Mena-Sanchez, L)
March 17, 2006
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ORDER signed by Judge John F. Moulds on 3/16/06 ORDERING W/in 30 days of the date of this order pltf shall file opposition to dfts' 1/19/06 74 motion to dismiss. (Girgis, C)
March 31, 2006
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ORDER signed by Judge John F. Moulds on 03/30/06 ORDERING that the clerk is directed to send pltf one USM-285 form; Within 30 days from the date of this order pltf to submit to the court one USM-285 form for dft Mangis. (Warren, P)
April 21, 2006
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ORDER and ORDER DIRECTING SERVICE by the USM signed by Judge John F. Moulds on 4/19/06 ORDERING that the Clerk is DIRECTED to forward the instr for service of process, the completed summons, copies of the 6/14/05 amended complaint, and copies of this order on the USM. The USM is to notify dfts Rumble&Mangis of this action w/in 10 days. The Clerk is directed to serve pltf with a copy of the Local Rules of Court. (cc: USM Priority).(Brown, T)
April 21, 2006
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ORDER signed by Judge John F. Moulds on 4/20/06 ORDERING that: the Clerk is DIRECTED to send to pltf one USM-285 form, an instr sheet and a copy of the complaint filed 6/14/05. Pltf shall complete and submit the attached Notice of Submission of Documents w/in 60 days. (Brown, T)
April 25, 2006
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ORDER signed by Judge John F. Moulds on 4/24/06 ORDERING that pltf's January 3,17 and 25, 2006, requests are DISREGARDED.(Brown, T)
May 16, 2006
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ORDER signed by Judge John F. Moulds on 05/15/06 ORDERING pltf's 05/05/06 motion for extension of time 98 is GRANTED; Pltf is granted 30 days from the date of this order to file and serve objections to dft's 05/05/06 motion to dismiss. (Warren, P)
May 26, 2006
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ORDER signed by Judge John F. Moulds on 5/25/2006 ORDERING: The Clerk is directed to send pltf one USM form, instruction sheet, and a copy of the complaint filed 6/14/2005 to be completed and returned by the pltf w/in 60 days.(Matson, R)
June 9, 2006
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ORDER signed by Judge John F. Moulds on 06/08/06 ORDERING pltf's 05/05/06 motion for extension of time to oppose the motion to dismiss 99 is GRANTED; Pltf is granted 30 days from the date of this order to file and serve objections; Pltf's 05/05/06 motion to extend the time for service of process is GRANTED; Pltf is granted an additional 120 days in which to accomplish service of process on dfts Rumble, Mangis, Fernandex and Turner; Within 20 days from the date of this order, counsel for dfts shall notify the court in writing whether it has provided to pltf the addresses for service of process or whether after good faith inquiry, counsel was unable to locate their addresses. (Warren, P)
June 16, 2006
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ORDER signed by Judge John F. Moulds on 06/15/06 ORDERING dfts' 06/13/06 motion to vacate pretrial dates 108 is GRANTED; The 04/11/06 scheduling order 91 is VACATED; Dfts' 05/03/06 motion for stay of discovery 96 is partially granted; Discovery is stayed for a period of four months from the date of this order; Within 20 days from the date of this order dfts shall notify the court in writing regarding the status of pltf's access to his legal materials. (Warren, P)
July 14, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 7/13/06 ADOPTING IN FULL the Findings and Recommendations 36 filed 8/17/05. Pltf's 2/7/05 request for a preliminary injunction 14 is DENIED. (Carlos, K)
August 18, 2006
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ORDER AND ORDER DIRECTING SERVICE BY THE US MARSHALL signed by Judge John F. Moulds on 8/17/06: The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the June 14, 2005, amended complaint and copies of this order to the US Marshal. Within ten days from the date of this order, the US Marshal is directed to notify defendants Turner, Mangis and Fernandez of the commencement of this actionand to request a waiver of service of summons. Clerk of the Court shall serve upon plaintiff a copy of the Local Rules of Court. (Kaminski, H) Modified on 8/18/2006 (Kaminski, H).(cc. US Marshal)
August 21, 2006
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FINDINGS and RECOMMENDATIONS recommending that dfts' 01/19/06 74 MOTION to DISMISS and 05/01/06 95 MOTION to DISMISS be granted and this action be dismissed without prejudice to dfts listed; objections due 14 days after being served with these FF&Rs; signed by Judge John F. Moulds on 08/21/06. (Kirkpatrick, S)
August 31, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 8/30/06 Recommending that pltf's 6/8/06 motion for injunctive relief 107 be denied. Objections due 20 days after served with F&R's. (Girgis, C)
September 27, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 9/26/06. Dfts' 1/19/06 motion to dismiss 74 and May 1, 2006 95 motion to dismiss are GRANTED. Action is DISMISSED without prejudice as to dfts Young, D. L. Runnels, Chandler, Phinney, Callison, Gellette. (Carlos, K)
September 27, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 9/26/06. Pltf's Motion for Preliminary Injunction 107 is DENIED. (Carlos, K)
November 30, 2006
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FINDINGS and RECOMMENDATIONS recommending that plaintiff's October 10, 2006, motion for a preliminary injunction be denied 139. Objections to F&R due by within 20 days signed by Judge Edmund F. Brennan on 11/29/06. (Kaminski, H)
January 5, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 1/4/07 ORDERING the Findings and Recommendations 145 filed 11/30/06 are ADOPTED IN FULL. Pltf's 10/10/06 motion for a preliminary injunction 139 is DENIED. (Carlos, K)
May 21, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/21/07 DENYING Pltf's 3/21/07 Motion 148. (Engbretson, K.)
July 5, 2007
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ORDER signed by Judge Edmund F. Brennan on 7/5/07 re 148 Request for use of typewriter and 150 Motion to Appoint Counsel is DENIED. (Cayo, A)
July 10, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 7/9/07 recommending that this action be dismissed without prejudice with respect to defendants Sgt. Fernandez and Dr. Mangis. Objections to F&R's due w/in 20 days (Cayo, A)
July 10, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 7/9/07 recommending that 133 motion to dismiss, construed as a motion for summary judgment, be granted and that judgment be entered in his favor. Motion referred to Judge Garland E Burrell. Objections to F&R's are due w/in 20 days. (Cayo, A)
August 21, 2007
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ORDER signed by Judge Edmund F. Brennan on 8/20/07 ORDERING pltf's request for extension of time 158 is GRANTED. Pltf has 20 days from the date this order is served to file and serve objections to the findings and recommendations 155.(Carlos, K)
September 27, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 09/26/07 ADOPTING 155 FINDINGS and RECOMMENDATIONS in full, Turner's 133 Motion to Dismiss, construed as a Motion for Summary Judgment, is GRANTED and Judgment is entered in his favor. Dft Turner terminated; Motion terminated. (Benson, A)
March 24, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 3/21/2008 re 154 Findings and Recommendations; This action is dismissed without prejudice with respect to defendants Sgt. Fernandez and Dr. Mangis. (Matson, R)
April 10, 2008
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/9/08 ORDERING that pltf's 120 request for an order directing dfts to discover the correct name and address of the dft identified as "Rumble" is DENIED; and RECOMMENDING that this action be dismissed w/out prejudice w/ respect to dft Rumble; this action be dismissed; and the clerk to enter judgment and close the case. Motion referred to Judge Garland E. Burrell, Jr., Objections to F&R due w/in 20 days. D Paramo; D Pontarolo; J Sands; Turney; Silvia Garcia and J. Jimenez terminated pursuant to footnote. (Yin, K)
May 29, 2008
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ORDER ADOPTING 164 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 05/29/08. This action is DISMISSED w/o prejudice with respect to defendant Rumble; as defendant Rumble was the sole remaining defendant, this action is DISMISSED and the Clerk is directed to enter judgment and close the case. CASE CLOSED. (Benson, A)