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06-2379 - (PC) Mency v. Duc et al


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06-2379 - (PC) Mency v. Duc et al
November 13, 2006
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ORDER signed by Judge Craig M. Kellison on 11/8/06 ORDERING that plaintiff's motion for leave to proceed in forma pauperis 3 is granted. Plaintiff is required to pay the full statutory filing fee of $350.00 for thisaction. No initial partial filing fee will be assessed. Plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account, such payments to be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the statutory filing fee is paid in full. Plaintiff's request to file fewer than the number of required copies of hisoriginal complaint 2 is granted. (Duong, D)
November 13, 2006
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ORDER signed by Judge Craig M. Kellison on 11/08/2006 ORDERING that the director of the agency referenced above, or a designee, shall collectfrom plaintiff's prison trust account the filing fee by collecting monthly payments from plaintiff'sprison trust account in an amount equal to 20% of the preceding month'sincome credited to the prisoner's trust account and forwarding payments to the Clerk of the Court each time the amount in the account exceeds $10. Clerk is directed to serve a copy of this order and a copy of plt's signed in forma pauperis affidavit to the Director and to serve a copy of this order on the Financial Department. (cc Director, CDCR and CFS).(Duong, D)
December 7, 2006
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ORDER signed by Judge Craig M. Kellison on 12/6/06 ORDERING that 8 Pltf's Motion for Leave to File an Amended Complaint is DENIED. Pltf may file a first amended complaint within 30 days.(Engbretson, K.)
May 24, 2007
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/23/07. Service appropriate for defendants V. Duc, I. O'Brian, and J. Mayfield. Clerk shall send plaintiff 1 Summons, 3 USM-285 forms, an instruction sheet, and a copy of 10/27/06. Within 30 days from date of service of Order, plaintiff shall complete and return attached Notice of Submission of Documents together with transmitted documents.(Marciel, M)
June 15, 2007
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ORDER DIRECTING USM to serve process on V. Duc, I. O'Brian, J. Mayfield within 10 days signed by Judge Craig M. Kellison on 6/14/07. The Clerk is directed to forward the instructions for service of process, the completed summons form, copies of the complaint, and a copy of this order to the USM. The Clerk is directed to serve upon Pltf a copy of the court's local rules. (cc: USM) (Engbretson, K.)
August 27, 2007
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ORDER signed by Judge Craig M. Kellison on 8/23/07 ORDERING that dfts are GRANTED an addt'l 45 days, to and including 10/1/07, to file an initial responsive pleading. (Kastilahn, A)
October 18, 2007
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ORDER signed by Judge Craig M. Kellison on 10/17/07 ORDERING that pltf's 21 motion for default judgment is construed as a motion for entry of default under Rule 55(a); so construed, pltf's motion is DENIED. Within 15 days of the date of this order, dfts shall submit the signed declaration of N. Grannis. (Kastilahn, A)
January 18, 2008
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 1/16/08 RECOMMENDING that 19 motion to dismiss be granted, this action be dismissed, the Clerk be directed to enter judgment and close this file. Motion referred to Judge Frank C. Damrell, Jr. Objections due within 20 days after being served with these findings and recommendations. (Becknal, R)
April 2, 2008
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ORDER signed by Judge Frank C. Damrell, Jr. on 4/1/08 ADOPTING 25 Findings and Recommendations IN FULL. Dfts' 19 Motion to Dismiss is GRANTED. This action is DISMISSED. The Clerk is directed to enter judgment and close this file. CASE CLOSED. (Engbretson, K.)