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06-2182 - (PC) Clayburn v. Schirmer et al


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06-2182 - (PC) Clayburn v. Schirmer et al
November 9, 2006
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ORDER signed by Judge Gregory G. Hollows on 11/8/2006 ORDERING 5 Pltf's request for leave to proceed ifp is GRANTED. Pltf is obligated to pay the statutory filing fee of $350 for this action. The Complaint is DISMISSED with leave to file an Amended Complaint within 30 Days from the date of service of this order.(Reader, L)
May 17, 2007
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ORDER signed by Judge Gregory G. Hollows on 05/17/07 ORDERING that the Clerk is directed to amend the text of Docket Entry #8 ("Exhibits"), so that the filing is now deemed to be plt's first amended complaint. Plaintiff's filing of November 9, 2006, construed as plaintiff's first amended complaint 8, is DISMISSED for the reasons set forth above, but plaintiff is granted thirty days to file a second amended complaint. Failure to file a second amended complaint that is in compliancewith this order will result in a recommendation of dismissal of this action. Plaintiff's December 4, 2006, defective and inapposite motion to amend the the complaint 9 is DENIED as moot. Plt's request for appointment of counsel 10 is DENIED.(Duong, D)
February 28, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 02/27/08 ORDERING that the 12 Second Amended Complaint is DISMISSED; pltf is granted 35 days to file a third amended complaint.(Manzer, C)
July 29, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/29/08 RECOMMENDING that that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 20 days after being served with these findings and recommendations. (Becknal, R)
October 6, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/06/08 ORDERING that 21 Findings and Recommendations are VACATED; Plaintiff's 23 Petition for Writ of Habeas Corpus is STRICKEN; Plaintiff's 24 Amended Complaint is deemed third amended complaint; 22 Request for appointment of counsel is DENIED; and RECOMMENDING that the 24 third amended complaint be dismissed without further leave to amend, and this case be closed. Referred to Judge Morrison C. England, Jr. Objections due within 20 days.(Dillon, M)
December 23, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 12/23/08 ORDERING the findings and recommendations filed October 6, 2008, are adopted in full; and The third amended complaint, filed on September 8, 2008 24, is dismissed without further leave to amend, and this case is closed. CASE CLOSED. (Becknal, R)