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05-2134 - (PC) Mack v. Ona et al


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05-2134 - (PC) Mack v. Ona et al
October 28, 2005
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ORDER signed by Judge Craig M. Kellison on 10/26/05 ORDERING Pltf to send a completed affidavit and a certified copy of his prision trust acct. statement w/in 30 days. The Clerk is directed to send pltf an IFP Application. (Brown, T)
November 21, 2005
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ORDER signed by Judge Craig M. Kellison on 11/21/05 ordering that pltf may amend his complaint. (Kastilahn, A)
December 29, 2005
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ORDER to SHOW CAUSE signed by Judge Craig M. Kellison on 12/28/05. Plaintiff shall SHOW CAUSE in writing, w/in 20 days of date of service, why action should not be dismissed for failure to comply with rules and Court Orders.(Marciel, M)
January 4, 2006
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ORDER granting 8 Motion for Extension / Stay signed by Judge Craig M. Kellison on 1/3/06. Order to Show Cause 9 is DISCHARGED. Plaintiff is GRANTED time until 2/3/06 to file completed Affidavit and copy of Prison Trust Account Statement and to file an Amended Complaint. (Marciel, M)
February 16, 2006
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ORDER signed by Judge Craig M. Kellison on 2/16/06 ORDERING that pltf's concerns about his certified trust account statement expressed in his 11 Notice of Status of Case are MOOT; and pltf's request for a stay of the proceedings or an order for prison officials to return his confiscated materials in his 11 Notice of Status of Case is DENIED. (Yin, K)
April 18, 2006
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(VACATED pursuant to 22 Order)ORDER signed by Judge Craig M. Kellison on 4/17/06 ORDERING that: service is appropriate for dfts Parker, Ona, Lucine, Centeno & Hirsch; the Clerk shall send pltf 5 USM-285 forms, 1 summons w/instr and a copy of the 10/24/05 complaint; pltf shall submit the requested docs w/in 30 days. (Brown, T) Modified on 6/7/2006 (Brown, T).
April 25, 2006
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(VACATED pursuant to 22 Order) FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 04/20/06. Recommending that this action be dismissed against George Parkinson, N. Parker, J. Turella, D. Thor, J. Kimossa, Bernard Kordan, Baughman, J. Moor, I Baroyal, Salvatore A. Latteri, T. Vom, Nelson Parker, Norris Hollie and C.M. Hynum for failure to state a claim upon which relief can be granted. These Findings and Recommendations are submitted to the United States District Judge Morrison C. England, Jr. (Mena-Sanchez, L) Modified on 6/7/2006 (Brown, T).
May 26, 2006
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ORDER signed by Judge Craig M. Kellison on 5/25/06 ORDERING that: pltf's 1 Complaint is DISMISSED w/leave to amend w/in 30 days; and failure to file an amended complaint will result in a recommendation that this action be Dismissed. (Brown, T)
June 2, 2006
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ORDER signed by Judge Craig M. Kellison on 6/2/06 VACATING 15 Order Screening Plaintiff's Complaint, 16 Order Ordering Service of Plaintiff's Complaint and 17 Findings and Recommendations. The 5/26/06 20 Order is the Operative Screening Order in the Case. (Donati, J)
June 9, 2006
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ORDER signed by Judge Craig M. Kellison on 06/08/06 ORDERING that ptnr's 19 request for an extension of time is DENIED as moot. (Brown, T)
November 2, 2006
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ORDER signed by Judge Craig M. Kellison on 11/1/06 ORDERING that: pltf's request to proceed IFP is GRANTED; pltf is obligated to pay the statutory filing fee of $250.00 for this action, w/an initial partial filing fee of $72.92; all fees shall be collected in accordance with the court's 2/16/06 Order; service is appropriate for dfts Penner, Turella, O'Brian, Hirsch, Kordan, Moor, Baughman, Baroya, Latteri, Vo, Centeno, Lucine, Ona, Parkinson, Parker, Hollie, Hynum, Thor, & Krossa; the Clerk shall send pltf 19 USM-285 forms, one summons, an instr sheet an a copy of the 6/23/06 Amended Complaint; and pltf shall submit the required documentation w/in 30 days.(Brown, T)
December 1, 2006
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ORDER signed by Judge Craig M. Kellison on 11/30/06 GRANTING pltf's 26 Motion for Extension of time. Pltf is GRANTED 30 days from the date this order is filed to submit the required materials to the court. (Brown, T)
January 8, 2007
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ORDER signed by Judge Craig M. Kellison on 1/5/07 ORDERING that: pltf is GRANTED a 45 day extension of time to submit the documents necessary for service on dfts; the Clerk is DIRECTED to serve a copy of this order on William Sullivan @ Tehachapi State Prison; and pltf's 29 Motion for Injunctive Relief is DENIED w/out prejudice to renewal at a later point in the proceedings. (Brown, T)
March 5, 2007
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ORDER signed by Judge Craig M. Kellison on 3/2/07 ORDERING that: the Clerk is DIRECTED to send pltf a copy of the court's 11/2/06 25 Order; the Clerk shall send pltf 19 USM-285 forms, one summons, an instr sheet, and a copy of the 6/23/06 Amended Complaint; and w/in 30 days, pltf shall complete and submit the required documentation. (Brown, T)
March 8, 2007
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ORDER signed by Judge Morrison C. England Jr. on 3/8/07 ORDERING Plaintiff's 2/26/07 Request for Reconsideration 32 DENIED. (Krueger, M)
April 17, 2007
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ORDER signed by Judge Craig M. Kellison on 4/17/07 ORDERING that: the Clerk is DIRECTED to forward the instr for service of process, the completed summons, copies of the amended complaint and copies of this order to the USM; w/in 10 days, the USM is DIRECTED to notify dfts Penner, Turella, Dr. O'Brian,Hirsch, Kordan, Moor, Baughman, Baroya, Latteri, Vo, Centeno, Lucine, Ona, Parkinson, Parker, Hollie, Hynum, Thor, and Krossa; and the Clerk of the Court shall serve upon pltf a copy of the Local Rules of the Court.(cc: USM Priority)(Brown, T)
January 11, 2008
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ORDER signed by Judge Craig M. Kellison on 01/10/08 ODERING that pltf shall promptly seek additional information sufficient to effect service on any unserved defendants and notify the court once such information is ascertained. (Manzer, C)
March 27, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/26/08 ORDERING pltf's request for an extension of time 54 to file an opposition to dfts' motion to dismiss 45 is GRANTED. Pltf shall file his opposition to dfts' motion to dismiss within 15 days of the date of service of this order.(Carlos, K)
April 24, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 4/23/08 ORDERING that plaintiff's 59 request for an extension of time is GRANTED. Plaintiff shall file his opposition to defendants 53 third motion to dismiss within 30 days of the date of service of this order. (Duong, D)
May 8, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/7/08 ORDERING that Pltf shall seek substitution of Dft Moor within 90 days. Pltf shall promptly additional information sufficient to effect service on any unserved Dfts and notify the court once such information is ascertained. (Engbretson, K.)
May 8, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/7/08 ORDERING that the Clerk is directed to send Pltf 2 USM-285 forms, one summons, an instruction sheet, and a copy of the first amended complaint filed 6/23/06. Within 30 days Pltf shall complete the attached Notice of Submission of Documents and submit the necessary documents to the court. (Engbretson, K.)
June 11, 2008
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ORDER DIRECTING USM to serve process on Ricardo Centeno, Marsha Ono signed by Magistrate Judge Craig M. Kellison on 6/10/08 that the Clerk is directed to forward plt's instruction for service, the completed summons, copies of complaint and this order to the USM. (cc: USM Priority) (Duong, D)
September 15, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/12/2008 ORDERING 75 Pltf's motion for injunctive relief is construe as a request for additional time to respond to the pending motion to dismiss filed by dft Centeno; As so construed, pltf's request for additional time is GRANTED; and Pltf may file a response in opposition to the motion to dismiss within 30 days of the date of service of this order. (Reader, L)
October 9, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/08/08 RECOMMENDING that 78 MOTION for PRELIMINARY INJUNCTION filed by Anthony E. Mack be denied. Objections to F&R's due within 20 days. (Streeter, J)
November 17, 2008
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ORDER ADOPTING 80 FINDINGS and RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 11/14/08; plf's 78 Motion for Temporary Injunctive Relief is DENIED. (Benson, A)
November 21, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 11/20/08 recommending that defendants' motion to dismiss 45 be granted in part and denied in part. Defendant Baroya's motion to dismiss 50 be denied. Defendant Hynum's motion to dismiss 53 be granted. Defendant Centeno's motion to dismiss 70 for failure to state a claim and statute of limitations be denied. Defendants motions to dismiss on the grounds that plaintiff's claims are barred by the statute of limitations be granted without leave to amend as to those claims arising prior to 10/24/01. Defendants Hollie, Krossa, Lucine, Parkinson, Thor, Ona, Parker and Hynum referred to as the SVSP defendants be dismissed from this action and the clerk of the court be directed to terminate these individuals as defendants to this action. Defendants motions to dismiss on the grounds that plaintiff's claims are barred by the statute of limitations be denied as to those claims arising after 10/24/01. Defendant Moor be dismissed from this action for plaintiff's failure to substitute pursuant to rule 25(a)(1) and the clerk of the court be directed to terminate this individual as a defendant to this action. Plaintiff's claim for injunctive relief be dismissed as barred by the statute of limitations. This action shall proceed on plaintiff's Eight amendment violation claims and any state law claim for medical malpractice he may have raised against defendants Baroya, Baughman, Hirsch, Kordan, O'Brien, Vo, Centeno, Turella, Latteri and Penner only. Defendants Baroya, Baughman, Hirsch, Kordan, O'Brien, Vo, Centeno and Turella be directed to file an answer within 20 days. Motions 45, 50, 53, 70 referred to Judge Morrison C. England. Objections due within 20 days. (Plummer, M)
November 21, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/20/2008 ORDERING the Clerk is directed to send pltf 1 USM form, 1 summons, an instruction sheet, and a copy of the first amended complaint filed 6/23/2006. Within 30 days the pltf shall complete and submit appropriate documents to the court.(Matson, R)
December 24, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/24/08 GRANTING 90 Request for extension of time. The parties may file objections within 30days of the date of this order. (Dillon, M)
January 16, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/15/09 ORDERING that pltf's 94 request for the appointment of counsel is DENIED. (Yin, K)
January 16, 2009
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: USM) (Yin, K)ORDER DIRECTING USM to serve process w/in 10 days on dft Salvatore A. Latteri signed by Magistrate Judge Craig M. Kellison on 1/15/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the cmplt and this order. (cc
January 20, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/20/09 DENYING 96 Motion to Stay. (Dillon, M)
January 27, 2009
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mitations. This action shall proceed on pltf's Eighth Amendment violation claims, and any state law for medical malpractice he may have raised, against dfts Baroya, Baughma, hirsch, Kordan, O'Brien, Vo, Centeno, Turella, Latteri and Penner ONLY; and dfts Baroya, Baughman, Hirsch, Kordan, O'Brien, Vo, Centeno and Turella are directed to file an answer within 30 days. (Carlos, K)ORDER signed by Judge Morrison C. England, Jr on 1/26/09 ORDERING the findings and recommendations filed 11/21/08 are ADOPTED IN FULL; Dfts motion to dismiss 45 is GRANTED IN PART and DENIED IN PART; Dft Baroyas motion to dismiss 50is DENIED; Dft Hynums motion to dismiss 53 is GRANTED; dft Centeno's motion to dismiss 70 for failure to state a claim and statute of limitations is DENIED; Dfts motions to dismiss on the grounds that plaintiffs claims are barred by the statute of limitations are GRANTED, without leave to amend, as to those claims arising prior to 10/24/01; Dfts Hollie, Krossa, Lucine, Parkinson, Thor, Ona, Parker and Hynum, referred to as the SVSP defendants, are DISMISSED from this action, and the Clerk of the Court is directed to terminate these individuals as dfts to this action; Dfts motions to dismiss on the grounds that plaintiffs claims are barred by the statute of limitations are DENIED as to those claims arising after 10/24/01; Dft Moor is DISMISSED from this action for pltfs failure to substitute pursuant to Rule 25(a)(1), and the Clerk of the Court is directed to terminate this individual as a defendant to this action; pltfs claim for injunctive relief is DISMISSED as barred by the statute of li
February 11, 2009
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ORDER signed by Judge Morrison C. England, Jr on 2/11/09 ORDERING that the Motion for Reconsideration is DENIED. The Magistrate Judge's 1/16/09, order is affirmed. No further Motions for Reconsideration of this order will be considered. (Mena-Sanchez, L)
February 17, 2009
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ORDER signed by Judge Morrison C. England, Jr on 2/13/09 ORDERING that the motions for reconsideration 105 and 106 are DENIED. The Magistrate Judge's January 16, 2009, order is AFFIRMED. No further motions for reconsideration of this order will be considered.(Kastilahn, A)
May 5, 2009
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ORDER signed by Judge Magistrate Judge Craig M. Kellison on 05/04/09 denying 114 Motion to Appoint Counsel. Defendants are requested to file a response to plaintiff's motion for an extension of time 113 and plaintiff's motion to compel 115 within 20 days of the date of this order. (Plummer, M)
May 5, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 05/04/09 ordering this case is dismissed with prejudice against defendant Ricardo Centeno, M.D. In exchange for the dismissal of this case, defendant Ricardo Centeno M.D. hereby agrees to waive his rights to recover any costs of suit against plaintiff associated with this matter. (Plummer, M)
May 19, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/18/09 ORDERING pltf to seek substitution of dft Latteri pursuant to F.R.Civ.P. 25(a)(1) w/in 90 days. (Yin, K)
May 19, 2009
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ORDER signed by Judge Magistrate Judge Craig M. Kellison on 5/18/09 ORDERING that pltf's 119 motion for clarification is GRANTED; service for dft Elaine Hill is authorized; the clerk to send pltf forms for service to be completed and returned w/in 30 days along w/ Notice of Submission; and pltf's 58 motion to amend the cmplt is DENIED as unecessary. (Yin, K)
June 25, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/24/09 denying 113 Motion for Extension of time to conduct discovery ; granting 115 Motion to Compel discovery responses. Defendants are to provide complete responses to plaintiff's interrogatories on or before 07/08/09. Plaintiff may file a motion to compel further responses to his interrogatories, if necessary, on or before 07/20/09.; Plaintiff's motion for sanctions 126 is denied.( Dispositive Motions due by 10/1/2009). (Plummer, M)
June 25, 2009
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ORDER DIRECTING USM to serve * amended complaint * filed on * 06/23/06,* on * Elaine Hill*, Service Deadline set for 10/26/2009 signed by Magistrate Judge Craig M. Kellison on 06/24/09. (Plummer, M)
June 26, 2009
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ORDER signed by Judge Morrison C. England, Jr. on 06/25/09 ORDERING that the 121, 127 Motions for reconsideration are DENIED; the Magistrate Judge's 117 and 123 orders are AFFIRMED. (Benson, A.) Modified on 7/1/2009 (Donati, J).
August 31, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/29/09 ORDERING that pursuant to the 159 voluntary dismissal, dft T. Vo is DISMISSED w/ prejudice; dft Vo's 145 motion for summary judgment is DENIED as moot; pltf's 162 motion to strike is GRANTED to the extent it brings the court's attention to dft Vo's motion for summary judgment is rendered moot; and this action shall proceed as against the remaining dfts. (Yin, K)
September 1, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 08/31/09 denying 135 Motion for sanctions; and denying 149 Motion to Appoint Counsel. (Plummer, M)
September 2, 2009
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ORDER signed by Judge Morrison C. England, Jr on 9/1/2009 ORDERING 150 Motion for Reconsideration is DENIED; The Magistrate Judge's 6/25/2009, order is affirmed; and no further motions for reconsideration of this order will be considered. (Matson, R)
May 8, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 05/07/13 recommending that plaintiff's motion for a temporary restraining order 193 and motion to stay 197 be denied. Motions 193 and 197 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
April 13, 2018
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ORDER signed by Magistrate Judge Craig M. Kellison on 04/13/18 ORDERING the Clerk of the Court is directed to provide plaintiff with a copy of the Docket Sheet Report from 5/01/09 to the present. Plaintiff shall file and serve a status report, as detailed above, within 30 days of the date of this order. Defendants shall file and serve a status report, as detailed above, within 20 days of the date plaintiff's status report is filed. Plaintiff shall within 30 days of the date of this order, show good cause why defendants Hill and Latteri should not be dismissed from this action. (Plummer, M)
April 24, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 4/23/2018 ORDERING that the 198 F&R are DENIED as moot; Plaintiff's 193, 197, & 200 Motions are DENIED as moot. The parties are DIRECTED to proceed with this action by reviewing and complying with the Magistrate Judge's 206 Order. (Fabillaran, J)