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06-2394 - (PC) Quillar v. Zepeda, et al


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06-2394 - (PC) Quillar v. Zepeda, et al
April 4, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/4/07 ORDERING that the 2 Complaint is DISMISSED with leave GRANTED for plaintiff to file an amended complaint, within 30 days of the date of this order, not to exceed 15 pages, with exhibits not to exceed an additional 25 pages. Should plaintiff elect to proceed in forma pauperis, he must submit, within 30 days, an affidavit in support of his request, however, plaintiff will not be assessed any filing fee in this removed action. The clerk is directed to send plaintiff a form for filing a civil rights action and the IFP application. (Donati, J)
October 15, 2007
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ORDER signed by Judge Gregory G. Hollows on 10/12/07 ORDERING that plt is GRANTED in forma pauperis status 1; however, the filing fee having been paid in full, no further filing fee is assessed. Plaintiff's claims against defendants Schwartz, Veal, Twyman and Hollinger,as well as plaintiffs claims for injunctive relief, are DISMISSED with leave to file a second amended complaint within 30 days from the date of service of this order. Any second amended complaint must not exceed 15 pages pages, with exhibits not to exceed an additional 25 pages (for a total of not more than 40 pages). Any second amended complaint which fails to comply strictly with this page length requirement, even if filed timely, will most likely be stricken. Upon the filing of a second amended complaint or expiration of the time allowed therefore, the court will make further orders for service of process upon some or all of the defendants. Defendants May 18, 2007, motion requesting screening of amended complaint 15is DENIED as moot. (Duong, D) Modified on 10/2/2008 (Duong, D).
April 25, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/24/08: The Clerk will note in the docket that the 22 second amended complaint has been stricken, and the 23 second amended complaint is deemed filed on 11/13/07. Service is appropriate for the following defendants: Nikki Zepeda, D. Shankland, L. Robinson, J. Martinez, Hadenfeldt, C. L. Twyman, Hollinger, R. Anderson, V. Cullen, S. ORan, and S. Hall. The Clerk shall send plaintiff eleven (11) USM-285 forms, one summons, an instruction sheet and a copy of the second amended complaint filed on November 13, 2007. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court.(Kaminski, H) Modified on 10/2/2008 (Duong, D).
July 18, 2008
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ORDER DIRECTING USM to serve process within 10 days on S. Hall, V. Cullen, S. O'Ran, R. Anderson, J. Hollinger, D. Shankland, A. Hadenfeldt, L Robinson, J. Martinez, C.L. Tyman, Nikki Zepeda signed by Magistrate Judge Gregory G. Hollows on 07/17/08; the Clerk is directed to forward the instructions for service, summons, copies of the amended complaint and this order to the USM; the Clerk shall serve a copy of the local rules on the pltf. (cc:USM) (Manzer, C)
October 10, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/10/08 RECOMMENDING that plaintiff's motion for a TRO/preliminary injunction, 29 be DENIED. Motion referred to Judge Frank C. Damrrell, Jr. Objections due within 20 days after being served with these findings and recommendations. (Becknal, R)
December 17, 2008
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ORDER ADOPTING in full 43 FINDINGS and RECOMMENDATIONS, signed by Judge Frank C. Damrell, Jr on 12/17/08. Pltf's 29 motion for a TRO/prelim injunction is DENIED.(Kastilahn, A)
June 10, 2009
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/10/09 ORDERING that the 44 Motion to Dismiss be GRANTED as to Dft Shankland, Martinez and Hadenfelt with respect to the 10/18/05 disciplinary hearing and the claim against Shankland for denial of access to the courts. These claims are DISMISSED with leave to file a third amended complaint within 30 days of service of this order. Failure to file a thirdamended complaint will result in a recommendation that this action be dismissed. IT IS HEREBY RECOMMENDED that the 44 Motion to Dismiss be granted and defendants Zepeda, Veal, Schwartz, Cullen, ORan, Anderson, Hollinger, Robinson, Tyman and Hall should be dismissed. Claims against Shankland relating to the July 2005 disciplinary hearing and claims against Martinez for trying to extend Pltf's Ad Seg term on 12/2/05 should also be dismissed without prejudice for failure to exhaust. Motions referred to Judge Frank C. Damrell, Jr. Objections to F&Rs due within 20 days. (Engbretson, K.)
August 11, 2009
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udice for failure to exhaust. (Reader, L)ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 53 in full, signed by Judge Frank C. Damrell, Jr on 8/10/2009; GRANTING 44 dfts motion to dismiss, and dfts Zepeda, Veal, Schwartz, Cullen, O'Ran, Anderson, Hollinger, Robinson, Tyman and Hall are DISMISSED without prejudice for failure to exhaust; and Claims against Shankland relating to the July 2005 disciplinary hearing and claims against Martinez for trying to extend plaintiff's Ad Seg term on 12/2/2005 are also DISMISSED without prej
August 20, 2009
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/19/09 recommending that plaintiff's third amended complaint and the allegations against Shankland, Martinez and Hadenfelt be dismissed and this case be closed. Amended Prisoner Civil Rights Complaint 54 referred to Judge Frank C. Damrell; Objections due within 20 days. (Plummer, M)
August 4, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 08/03/11 ordering the clerk of the court shall separately docket plaintiff's motion for severance that is attached to docket number 82. (Plummer, M)
January 5, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/04/12 ordering plaintiff's motion to sever 83 is denied. Plaintiff's motion for a contempt order 89 is denied. Defendant's motion to declare plaintiff a vexatious litigant 85 is denied. Defendant shall file his response to the third amended complaint within 10 days of the filing date of this order. (Plummer, M)
February 29, 2012
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ORDER signed by Judge John A. Mendez on 2/28/12 DENYING 97 Motion for Reconsideration of 96 Ruling. (Meuleman, A) (Main Document 100 replaced on 2/29/2012) (Meuleman, A).
August 23, 2012
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ORDER denying 98 Motion for an order for Discovery signed by Magistrate Judge Gregory G. Hollows on 08/22/12. (Plummer, M)
December 11, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/10/12 ordering defendant's 12/05/12 motion 115 is denied in part and granted in part. Defendant's request to strike plaintiff's opposition is denied. Defendants' alternate request for an extension of time to file his reply is granted in part, defendant shall file his reply within 30 days of the filing date of this order. (Plummer, M)
July 1, 2013
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ORDER signed by Magistrate Judge Allison Claire on 6/28/2013 ORDERING that Magistrate Judge Allison Claire hereby RECUSES herself from this action; and the Clerk shall randomly refer this case to another magistrate judge for further proceedings. Case REASSIGNED to US Magistrate Judge Kendall J. Newman; the new case number is 2:06-cv-2394 JAM KJN (PC). (cc: AC)(Yin, K)
February 7, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/6/2014 RECOMMENDING that defendant's 106 motion for summary judgment be granted; judgment be entered in favor of remaining defendant Shankland on plaintiff's federal claims; the court decline to excercise supplemental jurisdiction over plaintiff's state claims, pursuant to 28 U.S.C. § 1367(c)(3); and this action be remanded to the Solano County Superior Court, pursuant to 28 U.S.C. § 1447(c). Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
March 17, 2014
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ORDER signed by Judge John A. Mendez on 3/14/2014 ORDERING that the 122 Findings and Recommendations are ADOPTED in full. Defendant's 106 motion for summary judgment is GRANTED. Judgment is entered in favor of remaining defendant Shankland on plaintiff's federal claims. The court DECLINES to exercise supplemental jurisdiction over plaintiff's state claims, pursuant to 28 U.S.C. § 1367(c)(3). This action is REMANDED to the Solano County Superior Court pursuant to 28 U.S.C. § 1447(c). Copy of remand order sent to other court. CASE CLOSED. (Zignago, K.)