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06-1304 - (PC) Ashanti v. California Medical Facility State Prison et al


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06-1304 - (PC) Ashanti v. California Medical Facility State Prison et al
February 22, 2007
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ORDER signed by Judge Dale A. Drozd on 2/21/07 ORDERING that Pltf's 7 Request for Voluntary Dismissal is STRICKEN. Pltf's 9&10 Motions to Vacate/Strike his voluntary dismissal are GRANTED. Pltf's 13 Motion and Request for Judicial Notice is DENIED. Pltf's 15 Request to Supplement the Complaint is DENIED. Pltf's 15 Request for Judicial Notice of the Sillen report is DENIED without prejudice. Pltf is GRANTED 30 days to file an Amended Complaint. The Clerk is directed to provide Pltf with the court's form for a section 1983 action.(Engbretson, K.)
October 10, 2007
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ORDER and FINDINGS and RECOMMENDATIONS ORDERING that plaintiff's amended motion for judicial notice, for settlement conference and scheduling order, and for preliminary injunction 26 is DENIED. It is RECOMMENDED that defendants Lader, Oyeyemi, Pena, Reed, Turner, and Veal's motion that the court screen plaintiffs amended complaint 19 be granted. Defendants Lader, Oyeyemi, Pena, Reed, Turner, and Veal be dismissed. Plaintiff's federal claims in his amended complaint, filed on March 13, 2007,17 be dismissed. To the extent that plaintiff has alleged state law claims, those claims be dismissed without prejudice to their refiling in state court. Objections due within 20 days after being served with these findings and recommendations. signed by Judge Dale A. Drozd on 10/9/07. (Duong, D)
February 8, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge James K Singleton on 02/08/08 ordering except as modified herein the 28 Findings and Recommendations filed 10/10/07 are adopted. The 19 motion to screen defendants Lader, Oyeyemi, Pena, Reed, Turner and Veal at Docket 19 is GRANTED IN PART AND DENIED IN PART. The 17 Amended complaint at Docket 17 as against defendants Lader, Oyeyemi, Pena, Reed, Turner and Veal is DISMISSED. All federal claims set forth in the 17 amended complaint at Docket No. 17 are DISMISSED in their entirety as against all defendants without prejudice for failure to state a claim upon which relief may be granted. Plaintiff is granted leave to file a second amended complaint naming the person or persons responsible for knowingly assigning him to share a cell with an inmate infected with hepatitis C. If petitioner does not file a second amended complaint within 30 days of the date of this order, or such later time as the court may allow, final judment dismissing the federal claims without prejudice, and remanding the state-law claims to California Superior Court, Solano County will be entered without further notice.(Plummer, M)
March 31, 2008
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ORDER REMANDING CASE to California Superior Court, Solano County,signed by Senior Judge James K Singleton on 3/28/08. Pltf's complaint is DISMISSED in its entirety as to all dfts, without prejudice, for failure to state a cause of action. The Clerk is directed to enter judgment. Certified copy of remand order sent to California Superior Court, Solano County. CASE CLOSED. (Kastilahn, A)