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05-1701 - (PC) Consiglio v. Tilton et al


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05-1701 - (PC) Consiglio v. Tilton et al
September 2, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/2/05. Plaintiff's 6 MOTION to Proceed IFP is GRANTED. Plantiff obligated to pay statutory filing fee of $250 for action. Fee shall shall be collected and paid in accordance with Court's Order to Director of CDC filed concurrently. Service is appropriate for defendant Jeanne Woodford. Clerk shall send plaintiff: 1 USM-285 form, an instruction sheet, 1 Summons, and a copy of 8/24/05 Complaint. Within 30 days from date of Order, plaintiff shall complete attached Notice of Submission of Documents and submit completed to Court. (Marciel, M)
September 2, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/2/05. Defendant has 10 days to respond to plaintiff's Request for immediate injunctive relief. Court intends to act on Request with 2 weeks. NO EXTENSION OF TIME WILL BE GRANTED FOR DEFENDANT'S RESPONSE. Attorney General and defendant must take any steps necessary to contact prison authorities and staff at Mule Creek State Prison to monitor plaintiff in light of his suicide threat. Clerk directed to serve Complaint, copy of plaintiff's 9/1/05 Letter, and a copy of Order on AG Constance Picciano and Director Jeanne Woodford.(Marciel, M)
September 20, 2005
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FINDINGS and RECOMMENDATIONS recommending that a Temporary Restraining Order issue prohibiting plaintiff's transfer from Mule Creek State Prison to Salinas Valley State Prison or any other state prison facility, pending adjudication of Motion for Preliminary Injunction. These F/Rs are submitted to Judge US District Judge Garland E. Burrell, Jr. Defendant Woodford must file any Objections no later than 9/23/05. ORDER signed by Judge Gregory G. Hollows on 9/20/05. Court will consider plaintiff's Motion for Preliminary Injunction. Defendant's Response due by no later than 10/14/05.(Marciel, M)
September 20, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/20/05. Clerk directed to copy contents of file and forward it to University of CA, King Hall Civil Rights. Clinic shall inform Court of decision w/in 30 days.(Marciel, M)
September 20, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/20/05. Clerk directed to file First Amended Complaint as of 9/13/05. Service appropriate for following defendants: Jeanne Woodford, R. Hernandez, D. Arnold, K. Reyes, J. Marshall, R. Campbell, C. Smith, Brett Williams, Bradley Williams. Clerk shall send plaintiff 8 USM-285 forms, an instruction sheet, and a copy of Amended Complaint filed 9/13/05. Within 30 days from date of Order, plaintiff shall complete attached Notice of Submission of Documents and submit documents to Court.(Marciel, M)
September 30, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 9/29/05 DENYING pltf's motion for TRO. (Carlos, K)
October 13, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 10/13/05 AFFIRMING 28 Order denying pltf's motion for TRO.(Brown, T)
October 20, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/19/05. Clk is directed to strike duplicative 23 Amended Complaint from the record and to retain the last page of the filing, a handwritten letter from pla to court, as a separate docket entry. The operative first amd cmp was filed, nunc pro tunc, on 9/13/05 (docket entry #21).(Dotson, B)
October 20, 2005
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ORDER DIRECTING USM to serve process on Jeanne Woodford, D. Arnold, R. Campbell, R. Hernandez, J. Marshall, K. Reyes, C. - Smith, Bradley Williams, and Brett - Williams signed by Judge Gregory G. Hollows on 10/19/05. Within 10 days from the date of this order, USM is directed to notify dfts of commencement of this action and to request waiver of service of summons. Clk shall serve upon pla a copy of Local Rules of the Court.(Dotson, B)
October 27, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/26/05 ORDERING that plaintiff's 35, 43, and 46 Requests for an evidentiary hearing are DENIED. If plaintiff is transferred from MCSP to SVSP, defendants must file a declaration, within sixty days, ascertaining that each step set forth by Drs. Lipon and Lee for plaintiff?s safe transfer has been effected and that no currently scheduled medical appointment/evaluation/procedure for plaintiff is vacated or cancelled, absent extraordinary cause. IT IS RECOMMENDED that plaintiff's 29 "motion for permanent or temporary injunction....," construed as a motion for preliminary injunction, be denied. (Caspar, M) Modified on 10/28/2005 (Caspar, M).
November 9, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/8/05 ORDERING that plaintiff's 11/1/05 48 request for an extension of time is GRANTED and plaintiff is GRANTED until 11/28/05 to file objections to the 10/27/05 findings and recommendations. (Caspar, M)
November 29, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/29/05 clarifying 47 Order.(Dotson, B)
December 19, 2005
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ORDER signed by Judge Gregory G. Hollows on 12/19/05 directing petitioner's 60 12/13/05 letter to the attention of the Atty General and dft Woodford, who must take any steps necessary to ascertain whether pltf's allegations are credible and to assure pltf's safety. (Kastilahn, A)
December 21, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 12/20/05 ORDERING that the FINDINGS and RECOMMENDATIONS filed 10/27/05 47 are ADOPTED in full. Plaintiff's 10/03/05 Motion for Permanent or temporary injunction. Construed as Motion for Preliminary Injunction, 29 is DENIED. (Mena-Sanchez, L)
January 4, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/4/06 ordering that pltf's 65 motion for reconsideration (construed as supplemental objections) is denied as untimely. (Kastilahn, A)
January 4, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/4/06 ordering that pltf must proceed in this action pro se as it appears volunteer counsel is not obtainable in this action. The Clerk is directed to serve a copy of this order upon Carter White at King Hall Civil Rights Clinic. (Kastilahn, A)
January 6, 2006
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ORDER granting 72 First Request for Extension of Time signed by Judge Gregory G. Hollows on 1/6/06. Defendant granted to and including 1/26/06 to file Response to plaintiff's Amended Complaint.(Marciel, M)
January 12, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/12/06 ORDERING Clk to send pla 1 USM-285 form along with an instruction sheet and a copy of adm cmp filed 9/13/05. Within 60 days from the date of this order, pla shall complete the attached Notice of Submission of Docs form and submit it to court with docs required for service. (Dotson, B)
February 16, 2006
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ORDER signed by Judge Gregory G. Hollows on 2/16/06 GRANTING 86 Request for Extension of Time. Plaintiff is GRANTED until 3/3/06 to file and serve an opposition to the defendants' 1/26/06 Motion to Dismiss. (Donati, J)
February 27, 2006
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ORDER DIRECTING USM to serve process on J. Marshall signed by Judge Gregory G. Hollows on 2/24/06. (Dotson, B)
August 28, 2006
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ORDER signed by Judge Gregory G. Hollows on 8/28/06 ORDERING that defendants' 1/26/06 84 motion for involuntary dismissal of this action is DENIED. Plaintiff's 2/13/06 88 motion for leave to file a second amended complaint is DENIED. Planitiff's 3/27/06 104 and 4/4/06 105 requests for transfer are DENIED. Plaintiff's 7/19/06 111 "motion" of the undersigned to rule on the motion to amend is denied as moot. Plaintiff's motion to substitute in the name of the new Acting Director of CDCR as defendant in place of Jeanne Woodford is GRANTED and the Clerk is directed to place the name of James Tilton, Acting Secretary of the CDCR, as the lead defendant on the court's docket, in his official capacity in place of Woodford, in her official capacity. This matter proceeds on the 9/13/05 21 First Amended Complaint, and defendants are directed to file their answer within 30 days. Plaintiff must await a ruling on any pending motion before filing another; should plaintiff seek emergency relief, he must set forth the good faith basis for so doing.(Caspar, M)
December 6, 2006
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ORDER signed by Judge Gregory G. Hollows on 12/5/06 ORDERING that 128 Motion for Discovery will be placed in the court file and DISREGARDED. (Engbretson, K.)
January 29, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 01/29/07 RECOMMENDING that 119 pltf's motion for preliminary injunction be denied. Motion referred to Judge Garland E. Burrell, Jr. Objections due within 20 days. (Manzer, C)
March 14, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 3/13/07 ORDERING that the 133 Findings and Recommendations are ADOPTED in FULL. Pltf's 119 Motion for Preliminary Injunction is DENIED. (Engbretson, K.)
April 24, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/23/07 GRANTING 139 Motion for Extension of time to file and serve dispositive, pretrial motions. Dispositive Motion due by 5/31/2007. 5/4/07 deadline for the filing of pretrial motions is VACATED. (Donati, J)
June 5, 2007
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/5/07. Plaintiff's 129 Request to have certain medications returned to him is DENIED without prejudice. Plaintiff's 143 Request that his 142 Temporary Injunction be withdrawn is GRANTED and the Request is DENIED as MOOT. Plaintiff's unsupported 145 Request for Court to issue an Order for Temporary hold upon transfer is DENIED without prejudice. (Marciel, M)
June 5, 2007
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/5/07. Defendant Bradley Williams' 141 Motion to Vacate Scheduling Order is GRANTED. As to answering co-defendant's 144 Second Request for Extension of Time is GRANTED and the Dispositive Motion deadline is now 6/15/07. NO FURTHER EXTENSIONS will be granted. As to all parties, the deadlines set in Scheduling Order filed on 11/29/06 for Pretrial Conference, filing of Pretrial Statements and for Jury Trial are VACATED and re-set if appropriate. FINDINGS and RECOMMENDATIONS recommending that defendant Bradley Williams' 121 Motion to Dismiss be denied and that defendant Williams be directed to file an Answer w/in 20 days of adoption of these F/R, should that occur. Objections to F&R due w/in 20 days after being served. (Marciel, M)
June 11, 2007
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ORDER signed by Judge Gregory G. Hollows on 6/11/2007 GRANTING 146 Motion for a second extension of time to file dispositive motions filed by J. Marshall, James Tilton, D. Arnold, R. Campbell, R. Hernandez, K. Reyes, Brett Williams, C. Smith; Dispositive pre-trial motions due by 6/15/2007. (Reader, L)
July 2, 2007
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ORDER signed by Judge Gregory G. Hollows on 07/02/07 ORDERING that the pltf's request for an extension of time is GRANTED; oppositions due on or before 08/13/07. (Manzer, C)
July 25, 2007
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STIPULATION and ORDER re 163, signed by Judge Gregory G. Hollows on 7/25/07 ORDERING that this action is DISMISSED against dfts with prejudice pursuant to FRCP 41(a). This case now proceeds only as to defendant Bradley Williams. (Kastilahn, A) Modified on 7/30/2007 (Donati, J).
August 13, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 8/10/2007 re 149 Findings and Recommendations; Defendant Bradley Williams' motion to dismiss, filed on 9/13/2006, is DENIED.(Matson, R)
December 12, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 12/11/07 ORDERING that the dft's motion to compel discovery is vacated as moot; RECOMMENDING that dft's motion for summary judgment be granted and this case be closed. Motion referred to Judge Garland E. Burrell, Jr.Objections due within 20 days. (Manzer, C)
February 22, 2008
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ORDER ADOPTING 169 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 02/22/08; 154 dft William's motion for summary judgment is GRANTED and this case is CLOSED. (Benson, A)