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06-1400 - (PC) Avery v. Pazos et al


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06-1400 - (PC) Avery v. Pazos et al
January 9, 2007
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ORDER FOR PAYMENT OF INMATE FILING FEE signed by Judge Kimberly J. Mueller on 1/7/07 ORDERING the Director of CDC to collect monthly pymts from pltf's prison trust acct, and forward to the Clerk's Office until the $350 filing fee is paid in full. The Clerk is directed to serve a copy of pltf's IFP affidavit and a copy of this order on the Dir of CDC. The Clerk is also directed to serve a copy of this order on the financial dept of this court.(Kastilahn, A)
February 1, 2007
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ORDER AND ORDER DIRECTING SERVICE BY THE USM WITHOUT PREPAYMENT OF COSTS signed by Judge Kimberly J. Mueller on 1/31/07. The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the complaint and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dfts Pazos, Shahota, Dunn, Joseph and Huggins of this action. The Clerk shall serve upon pltf a copy of the lr's of court.(Kastilahn, A)
April 6, 2007
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ORDER signed by Judge Kimberly J. Mueller on 4/5/07 ORDERING that pltf's 1/24/07 motion for reconsideration and for a stay of service is DENIED. (Kastilahn, A)
May 3, 2007
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ORDER signed by Judge Kimberly J. Mueller on 5/3/07 ORDERING that pltf's 22 motion for a stay of the proceedings is GRANTED. The dates in the 4/25/07 discocvery and scheduling orders are hereby VACATED. Within 30 days of the date of this order, pltf must file a status report. Within 30 days of receiving his legal property, pltf shall file a request to lift the stay. (Kastilahn, A)
June 1, 2007
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ORDER signed by Judge Kimberly J. Mueller on 06/01/07: Pltf's 05/25/07 28 "motion to correct error by court' is DENIED; the Clerk is directed to note address on motion as pltf's current address. (Docket updated) (Kirkpatrick, S)
October 15, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/12/07: They stay of discovery entered 5/3/07 is hereby lifted. Discovery due by 2/4/2008, Non-Dispositive Motions due by 3/31/2008. (Dillon, M)
December 5, 2007
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ORDER signed by Judge Kimberly J. Mueller on 12/5/2007 ORDERING Pltf's 11/13/2007 motion to file an amended complaint is DENIED w/out prejudice; Dft Pazos is directed to file a response to pltf's 9/20/2007and 11/13/2007 motions w/in 20 days of the date of this order; Pltf's reply, ifany, is due 15 days after dft's response; and Pltf's 10/26/2007 request to have the U.S. Marshal serve a subpoena duces tecum is DENIED.(Matson, R)
January 18, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 01/17/08 ORDERING that: 47 dft Dunn is DISMISSED; 48 plf's request that the court direct the USM to serve a subpoena duces tecum is GRANTED only as to plfs request to secure the materials generated by dft Josephs investigation but DENIED as to all other requests; Clerk to send blank civil subpoena duces tecum to be completed and returned w/i 30 days; 54 Motion to continue dates for conducting discovery is GRANTED only insofar as he requests additional time in which to secure the subpoena duces tecum allowed by this order; 46 Dft Pazos request for clarification is DENIED as moot; 37 and 42 plf's motions for entry of default are DENIED; 53 plf's request for TRO is DENIED; and RECOMMENDING that 53 plf's motion for a preliminary injunction be denied. Objections due w/i 20 days' referred to Judge Frank C. Damrell. Nancy Dunn terminated. (Benson, A)
February 22, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/22/08 ORDERING that Dfts notify this court, within 10 days, whether they have any objection to the dismissal of this action. Should Dfts fail to respond, Pltf's request will be granted pursuant to Fed. R. Civ. P. 41(a)(2). (Engbretson, K.)
April 1, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/31/2008 ORDERING 59 pursuant to FRCP 41(a), plaintiff's request shall be honored; This action is DISMISSED. CASE CLOSED. (Reader, L)